• Why should I bother getting an injunction – my ex won’t take any notice of a bit of paper?

It’s true that a non-molestation order (usually called an injunction) is ‘just a bit of paper’ but once it has been properly served on your ex and the police then any breach carries much stronger penalties than it used to. A breach is now an arrestable offence which means the police can take him away or arrest him. This has two useful effects – the police have the authority to arrest someone for breaching the order and the court case that follows is in the criminal courts rather than the family court where you obtained the order.

In theory this means the police do not need you to make a formal complaint about the breach and they can bring charges against him without you needing to be a witness, if they choose to.

  •  My husband is having an affair and I want a divorce. I want to embarrass him and his mistress in public and name them both. Is there any reason I shouldn’t?

Divorce proceedings are not public so naming the person he is having an affair with in the divorce petition will not necessarily embarrass either of them in the way I think you mean.

A divorce must be based on one of five ‘facts’ and adultery is one of them. However, there are different requirements for proof of each of the five facts which you need to take into account. If you seek a divorce on the basis of your husband’s adultery, and he denies it, you may be required to prove the adultery. Perhaps you can but sometimes that can be difficult.

One of the other ‘facts’ is unreasonable behaviour and I would encourage you to consider using this instead. Your husband’s behaviour is certainly likely to be considered unreasonable and the only ‘proof’ required for this fact is to show that you find his behaviour too unreasonable to live with.

Three other things to consider – lawyers are discouraged by protocols and codes of practice from advising clients to use adultery or to name the other person so no good solicitor should advise you to do that.

Secondly, by seeking to embarrass your husband in this way it is often more likely that he will defend the divorce. It will also mean you have to serve all paperwork on the person he is having a relationship with. Both of these things mean it is likely to become more drawn out and increase the cost.

I expect that what you really want is to get the divorce done quickly, cheaply and, if you have children, in a way that does not do them damage – which means finding a way he will agree to.

  • My child’s social worker has told me that if I sign an agreement that he can go into foster care temporarily they will not take me to court. Should I sign it?

I would advise caution in this circumstance. Some parents just need a short period of time without their child living at home to sort themselves out, or to get through a particularly difficult patch, however, these agreements are sometimes used without the parents being aware of what they are signing, how long it will last, what they need to do to get their children home or how often they will see them in the interim period. They can find that when they want the child home the local authority takes them to court in any event.

I feel very strongly that no parent should sign an agreement of this nature without legal advice about the consequences, even (or especially) when a social worker tells you it is essential that you make a quick decision. In those circumstances most solicitors who represent parents when social services are involved are able to see you quickly.

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