Family Law question

Unmarried couple cohabiting, they have a 6 year old son. He has become violent towards mother and child recently. He told her to move out but wants child to stay. She owns most of the property in the house. Only him on tenancy agreement. Question is, can she force him out of the house with a court order due to domestic violence, even though the tenancy agreement is in his name only?

Reply 1

Anonymous #1

Homework requires a letter written to the client, stating relevant law etc. But I can't find on the web what her rights are given the domestic violence situation. Does that ignore the fact that even though it isn't a joint tenancy, she can still stay in the house with a court order in place?

Reply 2

Alleedo

Hello, couple are cohabiting, therefore is no marriage, there is relationship is not legally recognized. Secondly, the tenancy agreement is on the name of the man, thus the woman cannot kick the man out of the house. I can guide you further with such questions. Reach me out through [email protected]

Reply 3

Tiny Diamond

Many thanks indeed for your response. They were exactly my initial thoughts and considered it a very straight forward situation. But with domestic violence in the mix, the web seems to indicate that cases woukd be treated differently and welfare of child would go above the normal case outcome. There wasn’t much on it apart from the rules to apply to routine cases (apart from domestic violence) but no indication as to how much it can alter the outcome