hi my stbx is living in a flat during the week but comes back to the family home at weekends the situation is becoming intolerable for me and our children i have asked him to stay away but he doesnt take any notice can i legally stop him coming back all he does at weekends is go to the pub /gym or talk to other women on his mobile so i dont know why he comes back anyway.
It is the marital home. He has a right to live there, or to come back for weekends if he wants. Unless there is some threat to your or the kids'' safety, you can''t force him to stay away simply because you want to.
He may be doing it to try to provoke you or drive you out. Stay focused on the happiness and stability of the children. If he does anything that can be classed as harrassment, nasty texts, slander, upsetting behavior e.t.c.. you can make an easy complaint to the police with the proof.. who will serve him with a letter and visit.. forbid him from coming near you. If he does he will then be arrested and questioned. I would recommend this as a last resort and only if he is genuinely being abusive, as this could provoke bad behavior during the divorce and will prove difficult to see each other in future regarding children e.t.c... If you can explain to him in a calm manner how important it is for you both to be given space and not be around each other during this stressful time. If he really has no where to go, could a friend or relative help him out?