Any one give me some advice please?

Discussion in 'Army Pay, Claims & JPA' started by REMEWOTAJOKE, May 1, 2010.

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  1. My Wife & I are about to go through a divorce.
    We own & live in our own home in Germany
    My Missus as a German National has asked to be moved to the UK by the Army.
    I have responded with an Injunction through the German Courts to stop the kids being removed from Germany based on Child Welfare Grounds (Complicated Story but trust me the danger is real to me & not a knee jerk nasty reaction move)
    My CO has instructed my UWO to order me to move into the Mess
    I pay the mortgage as mine is the only salary,the house is in joint names and my wife wants me to have it when we split.
    Can my CO do this?,as it would look to the German Courts that I am leaving the Family rather than my wife leaving me.
     
  2. Yes, your CO can do it, this is because he has the power of a magistrate.

    I take it by what you have said sir that there is not the remotest chance that your marriage can be salvaged and your unfortunate predicament sir is absolutely final by both party's ??

    I am surprised that the British Army would agree to move your German wife to the U.K at her request under these circumstances, however i am not familiar with why she wants to leave her country of origin.

    You are welcome to P.M me if it helps.

    Good luck to you in any case.
     
  3. Power of a magistgrate? Really, please point me in the direction that foretells this.
     
  4. No the CO cannot do this, it would be an illegal order, that said do you really want to remind him of that? Perhaps some discussion with the UWO will head off the issue once you explain the situation.

    CO has power of a majistrate does he/she? Not quite true, in anycase this would be a civil matter and therefore possession or not of a property would be a decision for a country court judge.
     
  5. Your CO can't order you but he can request that you move into the Mess. Maybe he was just trying to help?
    What are your intentions? Maybe it's for the best that you move into the mess (you wont pay accom charges) and it gives you some breathing space. I think that would look better than your wife & kids moving out of the marital home.

    If it's any consolation, many many Service men have found themselves in your situation and come out all the better for it.......

    Good Luck!
     
  6. Unless things have changed radically, as i remember it the C.O. of a unit has some "judicial" control over dependants under military law and the forces agreements with host countries, not sure that it equates to a magistrate though, certainly the same applies to R.M.P. when dealing with dependants, as to "ordering" a married soldier to live in, i had occassion to pass on such an order to a serving S.N.C.O where a "domestic" got a bit out of hand, he lived in for a month, cooling off period, i cannot think of any reason why a C.O. could not give such an order? The alternative, a posting at short notice to Afgh ?? Living out is not a "right" as such, as a serviceman/woman you go were your told!!!
    You have not said wether or not you have had an interview with your C.O. with coffee of course.
     
  7. oldbaldy

    oldbaldy LE Moderator Good Egg (charities)
    1. Battlefield Tours

    May have some authority where an individual lives in SFA but if I get this one correct house is owned & therefore the CO is trying to take on the role of a court in the Family Divison & power he/she most definately does not have.
    If this story was in the UK & a CO was trying to order a soldier to move out of a house he owned I can imagine said soldier would haul the COs ass in front of a court so fast his feet would not touch the floor.
     
  8. Very tricky agreed, but at the end of the day he/she is a serving member of the forces,therefore subject to military law? it would be a foolhardy C.O. who had not taken advice before making decisions which would affect dependant children.
     
  9. ViroBono

    ViroBono LE Moderator

    The simplest way to check this would be to speak to Army Legal Services.
     
  10. In what capacity - the Bn orderly?

    Are you insane?
     
  11. Just a note, if you become a separated couple you will probably rather quickly loose a lot of things, however your wife will be expected to stay in your joint home in germany with your children.

    That may well be the reason CO wants you in The Mess.
     
  12. oldbaldy

    oldbaldy LE Moderator Good Egg (charities)
    1. Battlefield Tours

    That is a civil, not a military matter. She is a German National not living in SFA, the military have no hold over her what so ever.
     
  13. Errrrrrr, if he moves into the mess he becomes a military matter, if she stays with the kids in the family home she really has no grounds for requests unless either partners parents live in the UK and have reason to be near grandchildren.

    Futtick, you're right Im wrong, who cares, we haven't been given all the information, you win. I'm offter bed in a minute.
     
  14. Not certified as insane,mad yes,autistic score of 35/36, occassionally dyspepsic. If you read the post and have any knowledge of military protocol you would know that the Bn orderly would be unable to give an "order" to a SNCO ! think about it, only a senior SNCO, warrant officer, or officer could do so. ergo???
     
  15. Thanks for all the Replies,
    Firstly I apologise for not updating but I have been rather busy with this unsavoury mess.

    1.My Co has now been informed by ALS that he had no legal right to move me into the mess and as such can now only ask that I am voluntarily prepared to remain there.
    2.The grounds for his actions were that when my wife was informed I was being Comp A'd from BATUS,she invoked the "I am scared of my husband" line.He acted in my interests (which how things have transpired I am grateful for).
    3.As for the German National wanting to go to the UK that is now the problem as since the Army acted "illegally" with me,then it is possible to say that by moving my soon to be ex to the UK from a Marital Home (NOT A SFA) would be assisting in a "Voluntary Homelessness" attempt & all the problems that can bring with Local Authorities.
    4.The bone of contention is that ANY wife regardless of NATIONALITY is entitled to repatriation to the UK or COUNTRY OF ORIGIN (UK if right of abode exists),however the Welfare AGAI/JSP says nothing about someone who is in their COuntry of Origin in a Privately Owned/Rented Accomodation.So my EX is using the rules but not the SPIRIT OF THE REGULATIONS.
    5.The German Family Court have now decreed that my wife & kids are clear to go the UK after 31/07/10 as long as all financial issues & visitation rights are sorted.Also an address must be given & that includes all future moves.I am now changing my status on 31/07/10 to reflect this which then triggers the 93 day clause.
    6.Just like UK since I am now out of the marital home the German Social Authorities WOULD most LIKLEY NOT SUPPORT any attempt by my ex to be rehoused,if she did not go to the UK.This then leaves the problem that the Army (bear in mind I complete my sevice September 2011) made me INVOLUNTARILY HOMELESS since my EX is under no obligation to seek more than PART-TIME WORK until my youngest is 12 (presently 5).This would mean I would have to pay the mortgage and household expenses (heating,electricity,rates,water etc) which all in is around 1300 euros monthly.In return they would pay the child support,as my youngest trips the 12 yr mark,then benefits to my wife would decrease to push her into employment.

    So as you can see it is a messy situation,not helped in some quarters by what I feel was "UNSOLICITED" welfare advice from outside my CoC which gave my wife this idea of the UK. Although I have no firm proof that advice was given,only what my EX told me was a conversation she had with an individual. Added to that is my Unit has little experience with Soldiers married to German Nationals & owning their own Property in Germany (they have only recently returned to Germany after a 15 year+ absence).I do not in ANY WAY BLAME my UNIT for what has transpired,in fact I feel that they are victims of a FLAGRANT abuse of the WELFARE system but it seems they can't do much about it.