Family Law Question

toga

I'm just curious about the legal obligation of a husband to comply with a request by his wife to move out of the family home?

This is, of course assuming that there is no threat to the rest of the family from the husband.

Is he obliged to comply?

If he does comply, does it affect any legal rights he may have had up to the point of leaving?

Kind regards,

T.

blueythebear

toga wrote: »

I'm just curious about the legal obligation of a husband to comply with a request by his wife to move out of the family home?

This is, of course assuming that there is no threat to the rest of the family from the husband.

Is he obliged to comply?

If he does comply, does it affect any legal rights he may have had up to the point of leaving?

Kind regards,

T.

No legal requirement for either party to leave in the absence of a court order. It's more a practical issue as a messy situation is only going to get worse if you're both in close proximity at all times.

One thing to note is the potential for a spouse to get a safety or barring order. It can be applied for on an ex parte basis so you don't have to be told about it and if one party wishes to be vindictive they can make such an application and it will be fairly readily granted by the court. Once one spouse is out of the family home, it would be very difficult to get back in even if the order is rescinded/revoked.

Jake Rugby Walrus666

What if they both apply for a barring order?

blueythebear

Jake Rugby Walrus666 wrote: »

What if they both apply for a barring order?

If they both apply, they would ideally make it returnable for the same date so that the court can hear both applications at the same time and make an order, granting an order to one of them or to neither.

RandolphEsq

A husband does not have to leave just because his wife wants him to.

If there is no threat from him then there won't be any barring order or interim barring order. A safety order and a protection order do not require the husband to leave the family home since he is resident there.

family10

How many progression hearings are allowed before someone steps in?
I have had 3 progression hearing in the family court nothing seems to be happening.
My husband has not given his pappers in to my solicitor.
I have everything handed over.
how long the the separation usually take?
we are still living in the same house?
it's very akward.

family10

In a separation I work mostly shift work when applying for custody of the children would it come against me if I work full time and also do shift work.
It's mostly nights I work.
I am intending do employ an aupair when we finally do split.

RandolphEsq

family10 wrote: »

In a separation I work mostly shift work when applying for custody of the children would it come against me if I work full time and also do shift work.
It's mostly nights I work.
I am intending do employ an aupair when we finally do split.

Lay all your cards on the table, as everything will be taking into account and a decision will be made in the best interests of the child.