Hello Clare, in February of this year, my husband, unbeknownst to me had a non-molestation order served on me barring me from seeing my 8th month old baby boy and my 6 year old daughter. I was not allowed into my own home and that ten months later is still the case. Prior to that my husband had beaten me up whilst I was some four to five months pregnant with my son he again beat me up 17 days after the C section.
He got the order on the grounds that I was shouting at him in front of the children and that I had threatened him with a knife and that I had threatened to drive my car through the house if he did not give me back my children. He said he was the primary carer.
I was not in court to defend myself and to tell the court what really happened.
The new ruling is suggesting that it was a draconian measure taken by the court and that I, like others in my situation, should have been notified and in court to defend the allegations made against me.
Since then I have had supervised visits, first with my baby boy and then with my daughter. It is only now that I am allowed for a certain period of time to have unsupervised visit with my children. my baby son is now 18 months old and is still not walking! so much for him being the primary carer!
There has not been a hearing as such!
My husband is quite wealthy and where we are in the isle of man, it is a closed shop, so to speak. the solicitors were and are dragging things out to justify their £300 per hour fees. I've got no money even though I own unencumbered half the house that my husband is residing in and as previously stated, I'm not allowed into that area. Just like the new ruling from the high court in London, where the H.C judge ruled it as draconian and overturned the original Non-Molestation order on that person.
He has given an undertaking to pay my legal fees but only for things that do not go against him i.e. Appealing the case.
Clare, should I inform the ombudsman regarding my issues on this matter we have being discussing?
Solicitor has said that we cannot appeal because I do not have any money!
No, even though I had asked the solicitors to appeal as I was advised by a friend to do so!
Clare, it all started with one firm of solicitors, who done absolutely nothing for me. They were not interested in getting my children back but wanted to charge me £50k for my divorce. I then went to another firm of solicitors who were recommended to me by a friend. They in turn have not done anything for me either. I had an independent witness who saw my husband kick off and threatened staff in the witness's shoe. I got in touch with man and we emailed each other, discussing what happened.
This was a very small part of my response to say that my husband was a violent and dangerous man to a 'Fact Finding Hearing' that was going to happen. The new solicitors refused to get in touch with this vital witness. Now there is no 'Fact Finding Hearing!' I gave my solicitors evidence that my husband went onto the local social media with the nom de plume, The 'Punisher', where he stated among other, racist, homophobic, threatening and bullying posts, that he was 'psychotic when pushed' he also bragged in a post that he had kicked off in my witnesses shop! All this, amongst lots of other evidence that I have got is being hushed up and swept under the carpet.
No, I am not dealing with the head of the firm, but with a clerk who is on the whole, ignoring my requests. When I went to these solicitors in March of this year I gave them a list of questions that I wanted answering and I still have not got the answers to those queries! I strongly feel that I am being fobbed off. I am told that the head of the firm is on a long and important case. Which leads me to believe that these solicitors are ignoring the fact that my case is not important and that does not give me much confidence in them.
My husband gives me £750 per month reduced from £4000 per month when we were together. That was not being generous but to stop me getting Legal Aid. He also is paying my solicitors their fees and when I want something important done that would affect my husband, the solicitors, tell me that my husband would not pay for that request etc!
The original young solicitor from the first firm that I dispensed with is now working for my husbands firm of solicitors. I know I've been turned over by these people, but what can I do in this small parochial community?!
Clare, thank you for your invaluable advice. I will ask you another question on another Q and A. thanks.