Urgent advice needed please!

Vicky123

Emotional abuse is an absolute horror in the family courts to try and prove, just second guessing here but he could claim the camera's are for security if they were deemed excessive.
Parental alienation is almost a given with emotional abusers and again horrendous to try and deal with for fear of appearing as bad as him when in fact she may be just trying to defend herself.
If a PSO has been granted then I would have expected her to be served with the paperwork at the time.
The absolute best thing she can do is research the best solicitor experienced in emotional abuse, it's crucial that she is represented in court by someone who is very experienced in the tactics employed by these bullies, they are often quite different to physical abusers, there is usually no proof that any of it happened so it can be an uphill struggle made so much worse by an incompetent legal team.
I would strongly advise Rights of Women, free legal advice, much more useful than womens aid, at least google and have a good read of the info on their website.
Be aware of how manipulative emotional abusers are to the point of making themselves the victim and garnering sympathy from courts who are sadly ill informed on the dynamics in an emotionally abusive relationship.

Nicki

There is definitely more to this than meets the eye and more than OP knows.

If the solicitor has confirmed that an order is in place, this tells you two things OP:

1. That your friend knew about the order and also that she had a chance to put her side of things to the court who still believed it was in the children's best interests to stay in the matrimonial home. You can get an urgent order for a few days to preserve the status quo but you have to serve it on all the parents and bring it back to court with all parents being allowed to be present and put their side of the story within a few days and usually less than a week. There is no way an emergency order would be made for 4 months.

2. The courts overriding objective is the best interests of the child. On all of the evidence (ie both sides of the story) it was considered by the court to be in the children's best interests to stay in the family home with or without their mother until March.

If she moves out and tries to take the children, the police will bring the children back to the father in the matrimonial home and the mother will be in contempt of court and liable to imprisonment. Not a step to take lightly.

Given, that we know now that the father had enough evidence to get a PSO and the mother couldn't convince the court otherwise, what was that evidence I wonder? If mother is unstable or has been abusing those children and is on the deeds of the house it puts a different complexion on why the father may have installed CCTV to check what is going on when he isn't around.

http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf

Tiddlywinks

Your friend has obtained professional advice - whether you (the OP) agree with that advice or not is beside the point.

Are you really sure you know ALL the facts? Some extreme actions have been taken here yet a solicitor has agreed that they are acceptable... strange or there is more to it than you know.

Your friend could get a second opinion - and ensure she is 100% open and honest in providing the facts on which to obtain advice.

I suspect there is more (or less) to this than you are being led to believe.

LannieDuck

Did I miss a post? Do we know that a solicitor has confirmed that there's an order in place?

Tiddlywinks

There was a post which has now been deleted which said the friend has seen a solicitor who had confirmed that all was in order and the husband had acted lawfully.

As the OP is no longer visiting this thread, but has been to MSE to talk about beauty offers, I think she is no longer interested in our input.

LannieDuck

Tiddlywinks wrote: »

There was a post which has now been deleted which said the friend has seen a solicitor who had confirmed that all was in order and the husband had acted lawfully.

As the OP is no longer visiting this thread, but has been to MSE to talk about beauty offers, I think she is no longer interested in our input.

Thanks, that's helpful. It was confusing to read the responses without the deleted post!