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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 clare, if ex husband bought the matrimonial home by cash.

Resolved Question:

Hi clare, if ex husband bought the matrimonial home by cash. Soon as I made claim he suddenly remortgaged the house. Over £43k he taken out my share of equity.
Will I still be entitled to my share?
Asma
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
He will have to account for where the purchase money came from - and what he did with the mortgage monies
Clare
Customer: replied 2 years ago.
Hi clare, the FDA hearing next month can I raise at the questionnaire or request for conveyencing file order on the three properties in the application?
Asma
Expert:  Clare replied 2 years ago.
Hi
You can certainly ask yes
Clare
Customer: replied 2 years ago.
Hi clare, Had a update meeting for my childrens Looked After Review. I requested increase contact but they are not supporting this because they need the children to,be settled first at thier placements.It has been nearly two years they have settled really well.
Why they don't support increase they using the children to be settled an excuse not to increase contact.
By law are they doing this right?When I approach next year they will use that the same excuse. How can I challenge this in court?
Asma
Expert:  Clare replied 2 years ago.
Hi
How long have they been in their current placements
Clare
Customer: replied 2 years ago.
Hi clare, my eldest son placement he is struggling to settle. SW is finding alternative placment. He wants to live near where I lived in the Midlands. And to be more around his friends.
He knows I am in London.
My five children have been in same placements since they were taken into care March 13.
They are no concerns with their current placements
Asma
Expert:  Clare replied 2 years ago.
Hi
But your eldest is struggling - are you sure the others are ok?
Clare
Customer: replied 2 years ago.
Hi clare, yes they are all ok. SW,IRO would want the children to remain with their current foster carers. Because they are able to permenancy family finding . My two middle children views and younger two they want to remain with thier current carers.
My daughter with special needs unable to express but she has settled well.
My two children still have twin track planning adoption/ longterm foster.
Asma
Expert:  Clare replied 2 years ago.
Hi
What is the current contact pattern
Clare
Customer: replied 2 years ago.
Hi, four times a year every 12 weeks. Same for the children's father.
Asma
Expert:  Clare replied 2 years ago.
Hi
That is not unusual in these circumstances
At the next review you can refer to the work that you have done and ask for an increase
Clare
Customer: replied 2 years ago.
Hi clare, my support worker wants me to complete the freedom programme first. I have to show her insight. I have completed triple P, positive steps I will start next week.
My support worker is saying that the LA are always referring to the past. They are not looking my current change or not acknowledging the changes I have made.
Support worker is saying the LA are not seeing the changes i am making she is. Her report will hopefully will support me.
I have to tell her how all this affected me and the children. What will I do in the future if I am in that situation again. Lack of support from my own famliy, cultural reasons why I continued to stay with him,because he was only support I had. The needs of my children's individual. SS only option was to take them in care and seperate the children. Instead of putting the right help for both myself and my children.
Asma
Expert:  Clare replied 2 years ago.
Hi Asma
Sounds as though you have made a good start
Clare
Customer: replied 2 years ago.
Hi clare, support worker has given me the book 'living with the dominator'. It's a long book. I have to Go through each chapter. It's going be very emtionally draining for me. I need to reflect on the past. And I need to say what I have learnt and put in to practice. To have a good insight. It going to be very emotional rollercoaster ride for me.
But I have to go through all this, to have any chance to go back when I am ready. My support worker she will make sure I don't lose sight and focus on this programe best as I can. It all past wil be brought up for me. I don't know how I can manage. She is pushing me lol. Which is good thing.
That's a good starting point.
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes it is
Clare
Customer: replied 2 years ago.
Hi clare, since 2000 abuse by ex started 14 years. I don't know how I coped all these years. Also caring for my children with their own needs . Wow!! In all ended last year. My children are not with me any more. My health deteriorated mentally and physically.
Sad😔
It's a new beginning for me😊
Thank you so much for your advice. It's still a long way!!
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes it is - but you are doing well
Clare
Customer: replied 2 years ago.
Hi clare, I just want this divorce to finalise its taking long enough. I just found out from the bank showed ex'sbank statement. They are saying that he had been using his bank debit card from the machine to withdraw a very high amount of funds. It did not go from his bank to anybody but he actually taken money out physically from the branch and removed the money. I will inform my soliciotor so he actually took out the money and may have hidden the money. See clare he is still abusing me emotionally and financialy so I am deprived with getting nothing. He is still controlling and manipulating the court.
He still has not paid my cost for the last hearing.
He is big part of my problem from day one.
Asma
Expert:  Clare replied 2 years ago.
Hi
He is indeed
Clare
Customer: replied 2 years ago.
Hi clare, I just hope the judge can see all this what ex is doing. The game his playing. I just hope he doesnt get away with all this.
Hope my barrister to put all relevent evidence together and put good case for me.
While ex enjoys all the properties and money
Asma
Expert:  Clare replied 2 years ago.
Hi
Stay calm you are doing well so far
Clare
Customer: replied 2 years ago.
Hi clare, thank you I don't how I am coping with all this. How I am taking all this shows a lot of strength in myself. I am believing myself that I have tried my best and I am still trying for my rights and my children.
I hope it all comes postive atleast I have tried.
Asma
Expert:  Clare replied 2 years ago.
Hi
You are doing well - you need to reflect and explain what you would have done differently if you had understood what you understand now
Clare
Customer: replied 2 years ago.
Hi clare, how shall I deal with false allegation from my children?If it's not true?Many thanks Asma
Expert:  Clare replied 2 years ago.
Hi
At this stage you still need time and work to understand why your children are saying these things - it will come I promise
Clare
Customer: replied 2 years ago.
Hi clare,
At the next hearing for financial hearing end of October this month. Can I claim wasted cost order again because ex husband has not fully dislosed full frank dislosure form E. A lot of missing information he is still hiding?
What would be likely the consequence that he did not pay my cost for the last hearing. What can the court enforce?
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
No I am afraid that that is not likely to result in a wasted costs order.
The Court can enforce the costs order
Clare
Customer: replied 2 years ago.
Hi clare, what does this mean court can enforce the costs order? Can you please elaborate this meaning .
Can convencing file be ordered because the two houses are named in his brothers name? My solicitor says judge can't order file if houses are in somebody else's name.
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
If you can show that there is a possibility that he contributed to the purchase price then the court will make that order.
There are various options for enforcing the Order - your solicitor will discuss them with you
Clare
Customer: replied 2 years ago.
Hi clare, my solicitor is going to write to ex solicitor as they have not paid and write to court as they have breached the court order.
That's is somthing then!!
Asma
Expert:  Clare replied 2 years ago.
Hi
Excellent
Clare
Customer: replied 2 years ago.
Hi clare, I feel sometimes I have give a little push to my solicitor because I asked him today wether I can apply form N1 small claim. He responded me that he will write to the court and the OS.
I might aswel do the job myself lol.
Asma
Expert:  Clare replied 2 years ago.
Hi
No you cannot apply for that as you already have the court order.
However it is better to deal with this within the final settlement in any event
Clare
Customer: replied 2 years ago.
Hi Clare, what are my legal rights as a mother? When children are looked after by LA? Legally where do I stand?
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
You share Parental Responsibility with them at present - but they have the right to decide all issues in their lives including where they live
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare, until I go back to court when I am ready. Show the changes I have made
Asma
Customer: replied 2 years ago.
Hi clare, my solicitor does not respond to my calls or emails. She was on maternity leave she has just returned back this week.
I don't feel reassured by the firm the work they do. Can I change solicitor at this point in time?
Thank you
Asma
Customer: replied 2 years ago.
Hi Clare, my solicitor contacted ex's solicitor about the wasted cost has not been paid to me. Solicitor was really rude to her and hostile torwards her. He said to her to put enforcement order against ex husband and he put the phone down on her.
His own solicitor is putting ex in more trouble. Instead of helping his own client. His advising my solicitor to do opposite. It' shows clearly how unhelpful he is.
She said she will write to the court and will also add how ex solicitor was hostile towards her.
Judge won't be impressed at all at next hearing.
Asma
Expert:  Clare replied 2 years ago.
Hi
I appreciate that this is very important to you - but if your solicitor has just returned it will take her a few weeks to get back up to speed.
This is a slow stage of the proceedings so you have no reason to increase your costs with a change of solicitor at this stage
Clare
Customer: replied 2 years ago.
Hi clare, she will write to court about his lack of cooperation of court order and the way ex husband solicitor behaved towards my her hostile way.
Asma
Expert:  Clare replied 2 years ago.
Hi
Excellent news
Clare
Customer: replied 2 years ago.
Hi clare, due to the history of SS Involvement resulting the children to remain in care until 18. The LA say when I am ready then to apply back to court for children to return to my care. What do they mean by ''when I am ready''. Do they mean when I am ready to take on all the children or some of the children?
Due to my complex situation I am not confident if I do show partner in the future I won't have no chance in getting my children back. It is all round best for me to remain single and focus on myself and the work i am doing.
Asma
Expert:  Clare replied 2 years ago.
Hi
It can be either - you simply need to be able to parent one or more of them (remembering that they will not wish to separate children who are currently together)
Clare
Customer: replied 2 years ago.
Hi clare, my oldest son and daughter are living seperate placements.The middle two that are refusing to have contact they are together. The youngest two are together they are with four seperate placements.
It depends on which children am I going for! I need to decide which children to apply for.
Asma
Expert:  Clare replied 2 years ago.
Hi
That is a decision you can make when you are in a better place to know what you can and cannot manage
Clare
Customer: replied 2 years ago.
Hi clare, will my children may get upset with me that when I am better place to look after one or more. Will they feel upset that I am not able to manage all?
Asma
Expert:  Clare replied 2 years ago.
Hi
That is a factor that you have to take into account - however at this point do not dwell on it
Clare
Customer: replied 2 years ago.
Hi clare, thank you. The hearing in the next week or two going to very interesting. I hope another positive outcome happens.
Asma
Expert:  Clare replied 2 years ago.
Hi
I hope so too
Clare
Customer: replied 2 years ago.
Hi Clare, thank you so much. Sometimes I do get really anxious and panicky at times. I do feel bit frustrated with myself. It's this process it's a very slow. But it will end one day.
Asma
Expert:  Clare replied 2 years ago.
Hi Asma
I know - but you are doing well
Clare
Customer: replied 2 years ago.
Hi clare, I am going through the freedom programme book. When I read and write about what all happened to me and my children. I become very tearful and distressed. It brings all the past back how I was treated by him. All the agencies were involved still nothing had changed. I still did not do enough to protect myself and my children. I was really stuck in caring for all my children and also dealing with abusive husband and also deal with SS. It was all too much for me to handle I asked for help this is where is it got me.
It's all very emotionally draining me. I can't bring back what's happened in the past. But i am trying to change my life for the better but this freedom programme is stressing me builds all th past. What shall I do?
Asma
Expert:  Clare replied 2 years ago.
Hi
talk through these feelings with your counsellor - this is why you need both
Clare
Customer: replied 2 years ago.
Hi clare, I contacted my local Autistic care and support. They are unable to offer me support because my children that have special needs are not in my care.
Their advise was to look online and read about Autism they not able to advice me strategies how to manage if they are not in my care.
Due to my daughters complex needs SS are not increasing contact with her. So I can build relationship with her and my children.
Asma
Expert:  Clare replied 2 years ago.
Hi
They cannot give you support no - but maybe you can be a volunteer for them and learn more that way
Clare
Customer: replied 2 years ago.
Hi clare, she was not helpful to be honest with you. What am I achieving by doing the freedom programme!What am I hoping to achieve by doing this?What would be my ultimate goal? Because by doing all this if there is no hope is there any point in doing all this change?
Because it's clear SS will never support in childen to be returned to my care.
Do I need to put myself again in all this emotional turmoil if there is no postive outcome?
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
If you wish to have a chance of having the children back - or keeping any further child then you need to understand what happened and why - and to do that you need to undertake this painful journey
Only you can decide if the journey is worthwhile
Clare
Customer: replied 2 years ago.
Hi clare, Wow that was a real eye opener!! I have to and I clearly want to take this painful journey to have any chance to have my children back. You are right. I have no responsibilities at the moment just to focus on the divorce and the things I am currently undertaking.
I have coped the worst thing that could happen to me as a mother losing my children.
Yes I will carry on doing what I am doing. Give my best.
Thank you so much for helping me making the right decision its for me and my children I have to continue the journey best as I can. Most important my health and well being. And to think positive there will light end of tunnel.
Also the people that are supporting me and guiding me through all this. And yourself.
Thank you I lost track a bit you have put in right track lol
Asma
Expert:  Clare replied 2 years ago.
Hi
There will be other times when the light seems too far away - but you are treading the path and you are doing well
Clare
Customer: replied 2 years ago.
Hi clare, yes it a long process and very slow one. I will have good days and not so good days. I don't know my own strength sometimes. How did I manage all this and tolerated it all. Even still now I am just taking it all in and managing each day.
Making a new life in London big challenge for me. Thank you, ***** ***** aware of this and praising me but SS are not seeing all this. It's not them to convince it's the judge.
I will keep on ongoing. Be a mother to my children during contact have good quality time with them. Keep 😊😊too!!
Asma
Expert:  Clare replied 2 years ago.
Hi
Once you find your way it will all become a little easier
Clare
Customer: replied 2 years ago.
Hi clare, I hope so it does a little easier for me through this journey. Divorce is the main one to end.
Asma
Customer: replied 2 years ago.
Hi clare, I have spoken to my councellor today. i told her the freedom programme is very painful for me. She says that causing alot of trigger for me.
I personally don't feel ready to undertake the programme its all very fresh its causing me a lot of bad memories.
Can I leave for it a little while? Wait to see outcome of divorce.
Thank you
Asma
Customer: replied 2 years ago.
Hi clare, spoke to my solicotor who is dealing with divorce she advised me to complete freedom programme course. Then she will try and deal with increase contact early next year.
Because the SS are refusing at the moment it going to be difficult to approach them.
I will continue with what I am doing. Also it's very important I get this man out of my life for good!!
Asma
Expert:  Clare replied 2 years ago.
Hi
I am with your solicitor on this - however hard it must be done
Clare
Customer: replied 2 years ago.
Hi clare, yes I will do this, however hard it is. I am not going slip up. Counselling session tomorrow going to take the freedom book and talk it through with her.
New fresh start for the day and continue the journey.
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
You are always welcome
Clare
Customer: replied 2 years ago.
Hi Clare, I have a good solicitor that is helping me through all this. Slowly but surely we getting there. Each day is a new day. Slow is better than rushing things
Asma
Customer: replied 2 years ago.
Hi clare, I attended review for my two youngsest children that have plavments orders. The LA are going to panel next week. They have been the adopters. My final contact with my two children will be the final good bye contact. Also for the siblings too.
I have emergency application revocation of adoption plan to my local family court.
My current solicitor saying legal aid won't pay for solicitors or barristers to attend hearings at walsall because it's wasted money that I should find a family solicitor legal aid in walsall
I approached my previous solicitor I am waiting for them to respond back to me.
I am really upset all this is happening too quickly,
Asma

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