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Table of Contents
How can I stop him ... ?
Can she "take me to the cleaners" ... ?
Can I stop him getting into the house ... ?
I am an unmarried dad, can my ex partner
stop me seeing our children ... ?
He says I have a month to get out of the house ... ?
He is taking our children to the pub with him ... ?
The
Court would take a dim view of any such attempt. There may
be many reasons for the payments stopping. Without something
else the best interests of the children may remain in their
father maintaining contact with them. This is a matter for
the CSA. The fact that the money has stopped being paid is
significant, because if there is no good reason for it,
questions may be raised about his commitment to the children
in a general sense.
I’ve been seeing another woman and she has just been
told she’s pregnant. I am the father. My wife has said she
is going to
"take
me to the cleaners".
Does the fact that I have committed adultery mean that she’s
going to get everything?
No. Conduct provided it doesn’t devalue matrimonial
property is not relevant. Adultery is not a crime and you
are no worse off from a financial point of view when it
comes to the division of the matrimonial property. The fact
that you have a new dependant may be taken into account if
your wife claims maintenance from you.
My husband and I separated a few months ago. We are both
named on the Title Deeds to the house. After he left he got
a flat of his own. He comes round a lot drunk and shouts and
screams at me about getting back together but I don’t want
that. I’m afraid of him now and the way he is behaving. Is
there anything I can do to stop him getting into the house?
Yes, depending on the circumstances. An exclusion order
must be granted by the court if it appears necessary for
your protection or of any child of the family from conduct
by your spouse. In certain cases however the court is
prevented from granting the order for example where the
house is used as part of a business or the other spouse has
offered to provide you with alternative accommodation.
I never married my children’s mother. We recently
separated and I’ve heard that I don’t have any rights.
Can I force her to let me see them?
If your ex will not agree to letting you have contact or
refuses to even discuss the matter with you then you should
see a solicitor about writing to her. If she still refuses
to let you see them you may have no option other than to
proceed with an action for declarator of parental rights and
a contact order. You do not have any rights unless she is
prepared to enter an agreement with you about them or you
are declared entitled to them by the court.
The Title in our house is in my husband’s name only. He
has left to stay with another woman and I’m looking after
the kids. He said that I’ve got a month to get out before
he tells the estate agent to put the house up for sale. Do I
have any rights?
Yes. Since you are not named in the Title Deeds you are
referred to as the "non-entitled spouse" and have
certain rights. Under the Matrimonial Homes Act 1981 you
have a right to occupy the matrimonial home and if you’re
husband tries to sell up you will require to be consulted.
My ex partner has a contact order from the court which
says that he is to have the kids overnight with him two
weekends out of every four. Recently when they have come
back from their dad’s they have told me that he has been
taking them to the pub with him in the afternoon and leaves
them with a relative at night while he goes back to the pub.
I don’t think that he’s interested in them any more. Can
I do anything about this?
Yes. See your solicitor about getting the case back into
court. The parental right of contact, like any other
parental right must be exercise d
in such a way that it is
conducive to the children’s best interests. Given that
there has been a change in circumstances since the order was
made the court may be prepared to vary it.
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