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Legal standing on a hypethetical situation

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  • Legal standing on a hypethetical situation

    Hi, I have a situation that hasn't happened, but based on my past experience I am extremely nervous at the possibility it can happen, and I want to know what my legal position will be if it does.

    2 years ago my estranged wife left our family home, with our savings (around £35k), Although I was the workig parent, the money was for the children and so I had no problems in leaving the money in her account. When she left she took the money out and went to live with her parents abroad. She has now returned to the UK, but has said the money has gone. She is sounding remorseful and apologetic and wants to reconciliate.

    Just before she left, things weren't great between me and her, and on a number of occasions she threatened to have me removed from the family home by claiming domestic violence, and taking out a non molestation order etc.. but never went through with it bucuase the amount of money in her account meant she wouldn't be entitled to legal aid, and she would have to pay for a solicitor etc..

    After she left I successfully took out a child arrangement order for our two boys, that says 'The children to live with the father, and mother not to have contact indirect or otherwise'. Mainly granted becuase there was an incident of physical violence towards our oldest child. The child arrangement order is for an indefinate period.

    My hypethetical question is this:
    Lets say we reconciled, and her intentions for reconciling weren't as genuine as she is making out, but only to get access to the family home and the children. So 2/3 weeks after reconciling she called the Police and claimed domestic violence or worse still sexual violence (she has also threatened this), at that point she will be entitled to legal aid as the money is no longer in her account. At that point can she take out a non molestation order (even temporarily) prohibiting me from access to the children and the family home? or as a result of the child arrangement order, she would have to leave the children and the family home, and contest the case that way.

    Many thanks in advance for some much needed advise.
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  • #2
    Hi Needlawhelp,

    Apologies for not spotting your post sooner. I think before you even consider a reconciliation you need to be really careful with regard to your estranged wife having any contact whatsoever with the children.

    From what you say the Court Order for the children arrangements currently gives you residence but also, you say, states '
    and mother not to have contact indirect or otherwise' You also say this order is for an indefinite period. For the Court to make such an order they must have had serious concerns with regard to the children. If you now allow their mother to have even indirect contact with the children your are not acting in the children's best interests and from the Court's point of view would be seen not to be protecting them. This could lead to social services involvement, which if as you say in your hypothetical situation of her making allegations of violence would be an even more likely scenario they would become involved.

    I would not recommend allowing her back in the home for the reasons stated above. If the situation has changed so much that you no longer believe she is a risk to the children you would have to make an application for the order to be amended. This would no doubt involve a degree of investigation by CAFCASS or others possibly.

    Please think very carefully before reconciling, you need to be seen to be protecting your children. You need to obtain some advice before even considering allowing your wife to see or contact the children.

    If you are speculating about the sort of scenario you indicate happening in your post, have things changed so much that you would seriously consider a reconciliation?
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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