My attempt to move back in yesterday did not work. I showed up to pick up one child, and my ex wouldn't let me past the door. He was ranting and carrying on...all the time our 6 year old was there.
I explained I had approval from my lawyer, and the police (who I contacted prior to me showing up) and I didn't want any problems, and that they were OK and I was allowed to move back.
I was pushed out of the way, and I was polite and courteous the entire duration. I backed off and just kept repeating that I didn't want to fight, argue...and then I left with our son. He didn't need to be exposed to anymore.
He had called the police, I saw them outside of our marital house and they never came to see me (as there was nothing illegal with what I did). I then went to the police station (without children knowing/attending) and explained so they could add to the report (and listen to my 'backup')...apparently I contradicted some huge lies and was told next time to bring the police with me and that they were worried about what would happen after they leave. Originally it appeared that they might keep me...I was absolutedly shaking, and crying (in control but I couldn't stop I was so upset)...
SO....
Right now I need advice on what my lawyer should do.
What is the quickest way to getting this divorce/money issue resolved ? Any suggestions ?
a) Should she send a letter today saying that I am moving in, and if he refuses that we are pursuing court to force sale of house (which apparently will take up to 3 months as we need a case conf...all of this is new to me).
or
b) Just send a letter stating that we are pursuing court to force sale of house, and next week I'll be in with police to attain my personal and pre-marital assets
My attempt to move back in yesterday did not work. I showed up to pick up one child, and my ex wouldn't let me past the door. He was ranting and carrying on...all the time our 6 year old was there.
I explained I had approval from my lawyer, and the police (who I contacted prior to me showing up) and I didn't want any problems, and that they were OK and I was allowed to move back.
I wouldn't recommend putting your child in another adult situation like this. The other parent is claiming exclusive possession without anything being in place and you do have a legal right to reside at the matrimonial home.
The challenge is the argument that happened in the presence of the child. Was CAS notified by the police to investigate the matter as a minor child was involved in the incident.
I was pushed out of the way, and I was polite and courteous the entire duration. I backed off and just kept repeating that I didn't want to fight, argue...and then I left with our son. He didn't need to be exposed to anymore.
Your only opinion at this point is to leave the situation. Now, your child is no longer at the home they primarily reside in. Not sure how "agressive" the other parent is with litigation but, there may be cause if there is no agreement in place for the other parent to make an "emergency" motion before the court.
Make sure you let the other parent know (through your solicitor) where the child is. Also, if there is any agreement on access to the chlid (or if there isn't one) establish it as soon as possible. (through your solicitor)
He had called the police, I saw them outside of our marital house and they never came to see me (as there was nothing illegal with what I did). I then went to the police station (without children knowing/attending) and explained so they could add to the report (and listen to my 'backup')...
Very good that you didn't bring the child to the police station. It can be very traumatic when police get involved. Your best to keep the police out of the dispute and leverage the appropriate channels in civil proceedings before the family court.
apparently I contradicted some huge lies and was told next time to bring the police with me and that they were worried about what would happen after they leave. Originally it appeared that they might keep me...I was absolutedly shaking, and crying (in control but I couldn't stop I was so upset)...
You have every right to return with police to retrieve your personal belongings. The police will NOT let you stay there if there is any evidence of conflict between the people living in the home. Furthermore, don't do a "surprise" visit. Set a time and date and when you will be coming. If you do a "surprise" visit it may look like a very common "truism" (tactic) that many negative advocate solicitors deploy and is well known to the court.
Right now I need advice on what my lawyer should do.
What is the quickest way to getting this divorce/money issue resolved ? Any suggestions ?
a) Should she send a letter today saying that I am moving in, and if he refuses that we are pursuing court to force sale of house (which apparently will take up to 3 months as we need a case conf...all of this is new to me).
or
b) Just send a letter stating that we are pursuing court to force sale of house, and next week I'll be in with police to attain my personal and pre-marital assets
1. Notify the other parent in writing where the child is located. Full address information and contact information.
2. Offer to settle on an access schedule if one hasn't been agreed to.
3. Request that the other party consider a sale of the matrimonial home or to purchase your interest in the property.
4. Establish residence close to the other parent and your child's school.
5. Don't blame for the incident. If the other party is unrepresented it can be simply a miss understanding of law and what should be done.
6. Don't escalate conflict with threats unless you are willing to go through with it and you have relevant evidence to bring forward to the court. (Pushing someone aside is not as relevant as many "domestic violence" advocates would tell you in Family Law.)
7. Go out and get Justice Brownstone's book "Tug of War" and read it end to end 4 times. Escalating conflict by either party can quickly become a nightmare before the court which is not good for the children involved ever.
I wouldn't recommend putting your child in another adult situation like this. The other parent is claiming exclusive possession without anything being in place and you do have a legal right to reside at the matrimonial home.
The challenge is the argument that happened in the presence of the child. Was CAS notified by the police to investigate the matter as a minor child was involved in the incident.
I agree...I left so there was no further altercation/arguing. No I didn't call CAS ? Should I have ?
Your only opinion at this point is to leave the situation. Now, your child is no longer at the home they primarily reside in. Not sure how "agressive" the other parent is with litigation but, there may be cause if there is no agreement in place for the other parent to make an "emergency" motion before the court.
Our children share each house 50/50. When I went on Sunday it was my turn to have our kids for the week.
Make sure you let the other parent know (through your solicitor) where the child is. Also, if there is any agreement on access to the chlid (or if there isn't one) establish it as soon as possible. (through your solicitor)
Thanks ! Yes the OP knows-he comes every week here multiple times-I am only 2 blocks away. I want to stay close/in the same sub-division so it's easiest on our children, same friends, same schools, easy to walk back and forth between our houses.
You have every right to return with police to retrieve your personal belongings. The police will NOT let you stay there if there is any evidence of conflict between the people living in the home. Furthermore, don't do a "surprise" visit. Set a time and date and when you will be coming. If you do a "surprise" visit it may look like a very common "truism" (tactic) that many negative advocate solicitors deploy and is well known to the court.
I will videotape as well (thanks Mess !), have witnesses/help, and phone for the police so they can attend as well. With the advice in this post, and my last one (and the police this past Sunday), I am not worried any longer about having their presence with me. I am actually welcoming it now.
I will give notice but I have a question...I heard that when you phone to ask for this (Keeping the Peace ?) that you can't specify a time. They will call u, and you need to show up when they are available. Is this true ?
Also-Does anyone know if you can ask for a plain clothes officer, unmarked car ?
3. Request that the other party consider a sale of the matrimonial home or to purchase your interest in the property.
Ex responded last year in July (via lawyer) that he has full intention on buying me out of the house. It has still not happened, and several verbal conversations where he repeatedly states "You deserve nothing, and I'm not giving you anything". This is where I'm getting frustrated and at a loss right now with how to approach this. I want the quickest way to an end !
6. Don't escalate conflict with threats unless you are willing to go through with it and you have relevant evidence to bring forward to the court. (Pushing someone aside is not as relevant as many "domestic violence" advocates would tell you in Family Law.)
Agreed completely. I wasn't too thrown by the shove, or the bags being tossed. It could have been worse and I turned around to leave so it didn't escalate. (he's 6'3" 300lbs, and uses this to physically intimidate).
7. Go out and get Justice Brownstone's book "Tug of War" and read it end to end 4 times. Escalating conflict by either party can quickly become a nightmare before the court which is not good for the children involved ever.
Just returned from Chapters with 1 of 2 copies on the shelf !
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