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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33508
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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A new ruling in the family division at the high court in London

Customer Question

A new ruling in the family division at the high court in London on Monday 15th Dec.2014, concerned a case where a Non-Molestation order was overturned on a parent which stopped him from entering his own home and the street where he lived. My case is exactly the same. Will that decision affect me in that, would I have a chance of the non-molestation being overturned for me?
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 actually happened in your case
Clare
Customer: replied 2 years ago.

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!

Expert:  Clare replied 2 years ago.
Hi
How soon after the Order was made was the first hearing on the matter?
Clare
Customer: replied 2 years ago.

There has not been a hearing as such!

Expert:  Clare replied 2 years ago.
Hi
Did it not even give you the right to take it back to court on short notice?
Clare
Customer: replied 2 years ago.

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.

Expert:  Clare replied 2 years ago.
Hi
Then yes you are indeed able to appeal on the same basis - although you need permission to appeal out of time.
In fact I am appalled that the matter was not taken straight back to court as soon as the paperwork was served on you - that is what should have happened no matter what the order stated.
On that basis if you can find a solicitor willing to do their job then yes you shoudl be able to get this overturned (assuming that the allegations are not true)
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33508
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.

Clare, should I inform the ombudsman regarding my issues on this matter we have being discussing?

Expert:  Clare replied 2 years ago.
Hi
No the starting point is to ask your solicitor to file permission to appeal out of time
Clare
Customer: replied 2 years ago.

Solicitor has said that we cannot appeal because I do not have any money!

Expert:  Clare replied 2 years ago.
Hi
Did they ever advice you to appeal it?
Clare
Customer: replied 2 years ago.

no!

Customer: replied 2 years ago.

No, even though I had asked the solicitors to appeal as I was advised by a friend to do so!

Expert:  Clare replied 2 years ago.
Hi
The failure to advise you to appeal the draconian order could amount to negligence - and would have done so even before the result this week.
The issue is where you go with it.
Are you dealing with the head of the family department in the firm?
Clare
Customer: replied 2 years ago.

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?!

Expert:  Clare replied 2 years ago.
Hi
I believe that their failure to advise you to appeal the Order amounts to negligence - and i would suggest that you write to the complaints partner of the Company and say so.
You may also wish to point out that it is possible to get an Order that your ex pays your court fees no matter what applications YOU wish to make.
Clare
Customer: replied 2 years ago.

Clare, thank you for your invaluable advice. I will ask you another question on another Q and A. thanks.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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