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husband arrested

Posted: Tue Jul 04, 2017 8:35 pm
by nannerbl
My husband, who I'm separating from but still lives with me, was arrested for inciting a child to engage in sexual activity and paying for it recently. The allegation is that it was all online and the investigation is ongoing.
Due to recent legislation changes, he's not on bail but 'under investigation'. This means that there are no conditions or anything to stop him living in the family home.
Our kids were already on a CP plan, but were due to be stepped down at the next review. All CSD have done is made us both sign a safety plan saying he's not to have unsupervised contact and that I have to ensure this. This is impossible and exhausting trying to keep track of everyone's location constantly.
I've asked him to move out, my mums asked him as well and asked his parents to try to get him to move out. He's agreeing to go away for a few nights here and there, but not actually find somewhere else to live.
The house has a joint mortgage so think my options are limited.
Is there anyway I can get it so he has to move out? Even if only whilst this investigation is ongoing? Or any type of court order I could apply for which would mean he wouldn't be able to stay in the family home?
I really don't want to have to move the kids if at all possible, but can't keep living like this.

Re: husband arrested

Posted: Wed Jul 05, 2017 11:58 am
by Suzie, FRG Adviser
Dear Nannerbi,

Welcome back to the parents forum.
I can see how difficult it must be (maybe actually impossible) for you to supervise your husband’s contact with your children for 24 hours a day. Sexual abuse can happen very quickly. If your husband risk to children has not yet been assessed, I am surprised that they are suggesting this kind of arrangement.
However, if he has already been risk assessed, then it might be just a matter of letting children services know that you feel exhausted and need help with his supervision, or support to help him move out of the family home.

Is there a written agreement setting out children services expectations? If not, you could ask for this. You need to know what can and cannot happen and what does “supervision” actually mean in practice. What happens at night time? How is your husband’s contact supervised then?

Could any of your family or friends be involved with the supervision? There is provision in the Children Act (Schedule 2 para 5 Children Act 1989 ) for children services to assist a risky parent to move to new accommodation to protect children. However, your husband would need to agree with moving out.

Rights of Women or a solicitor could advise about private law orders that might be available around dealing with the family home.
It would be worth speaking to the Lucy Faithfull Foundation who advise when there is risk of child sexual abuse.

Post back if you need further advice.
Best wishes