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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi My name is XXXXX XXXXX i feel I have a complicated case so

Customer Question

Hi
My name is XXXXX XXXXX i feel I have a complicated case so will keep as brief as possible.

1996 me ant fiancé bought a property jointly
2003 after stressful job met private consultant for psychiatric assessment within 1.5 hours diagnosed Bi polar affective disorder, adult ADHD and dyslexia. Admitted 1 month.
Battled using drink and cannabis daily psychiatrist said I was self medicating put on a lot of medicine and high dose of Valium
2007 split with fiancée because of drink abuse, stayed very close and helped her move and remained friends had 3 girls together now 8, 11, and 13 I was a perfect father, worked hard never even shouted at daughters luckily well behaved.
2007 I lost the plot not knowing or remembering a thing poisoned ex with 1 sleeping pill, told her, but also pounded back of head whilst girls present. She drove of I went to bed.
Next morning. Was arrested for poisoning with intent to injure or annoy and common assault. Was sectioned for 28 days in hospital on release charged with both offences
2008 suicide attempt admitted to intensive care on life support for 2 weeks over loosing fiancé and scared of expected 24 Month custody sentence but made it.
Stayed close with ex and cared every evening for girls whilst ex was working had them all weekends
2008 At Crown Court was advised by barrister to plead not guilty for both offences, I was too unwell to be in court room waited outside whilst CPS and psychiatrist gave evidence I was assessed by a worlds best psychologist aged 92 he issued 27 page report and said it was the same as sleep walking and was "temporary insanity" he asked if I would like to put it to cps to drop the poisoning and plead guilty for assault, cps refused despite victim requesting to drop all charges. (3 days later) trial, barrister said I was not guilty for both offences but obviously far to unwell to go through trial, so on trial day he re put it to CPS to drop poisoning they happily did. he said the only reason he advices to plead guilty for assault was because I was clearly far to sick too go through trial.
The judge promised he would not give me a custodial sentence neither a suspended and he would do his best to help my situation and held onto the case before sentence
Dec 2008 sentence for assault judge said I was clearly a none violent person had no violence previous and still in love with ex at time of commissioned offences, refused to fine me, sentence was 18 months probation & 18 months to stay as I was doing under care of the mental health team
2009 - 2011 cared for girls daily and weekends took them out to London dinners etc sometimes with ex normally without, me and ex was having a normal friendly relationship but she had a new man, who she in the end "had" to dump after 6 months because he was "evil" to his child
2011 stopped with no help drink and dope stayed clean and still am, falling out of love with ex slowly but angry she held the fact she was seeing this guy and obviously got my girls to lie and not speak a word IMO teaching your child to lie to a parent was wrong, I only ever found out about this "evil " guy after seeing barrister who said we have a statement from Mr Lamb (the evil new man) I asked who was he, he replied in his statement he claims to be the new partner for 4 weeks and her statement just work friends, I could not understand why and.how she could deceive me and get my own children to lie to me. I thought 100% it was him doing this! I never would guess she was capable I told her I'm going to assault him for getting my kids to lie! she said how can you do that to a dad of a 4 year old ? But a Dr friend of mine said stop, trust me the guy is not to blame it was 100% her getting them to hide it he said ask any of your girls ! I did and got a shock he was right it was her.
When I put it to her why did you not say it was you when I was capable of killing him, ? Why not tell me the truth ? That way I would not of risked his life and me a possible murder charge ? She replied "oh of course it was me, he always said I should inform you of us.
2011-2012 I was diagnosed with " Emotionally unstable mood disorder and fibromyalgia and was put on the strongest pain patch available "fentanyl" only for the dying It is pure synthetic heroin my mental health medicine had to be raised due to bi polar mania above the max dose nearly double, the psychiatry consultant advised I would only live a max of 10 years if I remain on that dose,, I stayed on that dose until I requested a change of anti psychotic meds it was granted and now I'm stable on a max dose of olanzapine but currently suffering from bi polar depression because of my family situation. I text and text my ex never did I get a reply or a stop sending text I was angry why she lied and deceived me but worse greeting kids to lie
2012 arrested. for harassment (none sexual.none threatening)
2013 found guilty not present sentence 6 months probation zero fine
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What do you wish to know about your position?
Clare
Customer: replied 2 years ago.
Hi Clare
That's the name of the ex lol. You must think I'm a mad man but when well perfectly normal excuse my SA. But a lot to tell.
So in 2012 my ex happily let me have my girls. At any time any where.
Suddenly since advice from the police and cps IMO not their place to offer independent advice ! She will only allow supervised visits with my mum. But my mum is very sick and I'm having no contact.
Theirs a injunction in place so I can't communicate or go to mediation. I want to know how they are what their school is like if they are sick etc but I'm in a trap. My mum said to her you let him 9 months ago take them on holiday 150 miles away without even a call from you to check they r ok. So I feel she is just getting at me. I asked the psychiatrist.if he feels I could defend myself in court, and he said because your unwell you would not be as good as some and he advised me to apply for legal aid because I'm unable to defend myself as good as a well person, and if he got a letter he would write to them so could I qualify for legal aid as an exception because of my disability ? And having him on my side for visitation and equal parenting rights does that help my case ?
Customer: replied 2 years ago.
Sorry Clare I'm a bit manic having a rest from the meds. Simply that 2013 start to finish I had FULL access to my girls. Now, on advice from the Police and CPS she has stopped me visitation rights for no reason. And my main question is should and how can I apply for legal aid. I'm sorry if I'm not clear, I have so much back ground I had to tell you to get correct advice . I just miss watching them grow up and buying them dinner stupid things like that they are my best friends sorry for any inconvenience Paul
Expert:  Clare replied 2 years ago.
Hi
Does your doctor believe that your illness was caused by your ex?
Clare
Customer: replied 2 years ago.
Morning Clare
Well I feel I was born with most of my illnesses but was not drinking at all until claire drove me to drink.
My gp said I feel claire is using your mental health against you but not sure if she could document that we where very close.
Claire worked 7 years with me at the airport, and people swooped shifts not to work with her, she is extremely hard work and shy not her fault but talking to her is like walking on egg shells.
2 work friends who where close to both of us could make a statement about her personality issues.
My mum feels that getting pregnant whilst I was on drink and drugs was crazy but planed and work friends said she wants kids and get up and leave and they where right.
My main question is about legal aid but I take it your not from the UK ?
Paul
Expert:  Clare replied 2 years ago.
Hi
I am afraid that this does not entitle you to Legal Aid - and yes I am indeed from the UK.
There is no exemption for Mental Health issues (although the Government were asked to consider this - they refused)
However if your Doctor will confirm that you have a condition which has been caused by your ex's emotional abuse of you then there is a chance you may be able to make an application
The details are here
http://www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-divorcing-separating-abusive-partner
But first you will need to find a Solicitor willing to make the application for you
You can find a local expert on the site here
www.resolution.org.uk
I hope that this is of assistance - please ask if you need further details
Clare

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