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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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,After a heated family argument in which insults

Customer Question

, After a heated family argument in which insults were exchanged and I was assaulted by my 21 yr old daughter, my wife called the police and made false allegations of violence against me, and has changed the locks and excluded me from the house we both co-own. She has point blank refused me any contact with my children. What options do I have? reasons, I don't want to go back to the house, but I really miss my kids, and what can I do about false allegations she has made. Can I take her to court to clear my name?

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you question.

I will do my best to help you but I need some further information first.
How old are the children?
Have the police been involved at all?
Clare
Customer: replied 1 year ago.
I have 5 dependant children:14,12,9,5 and our 21 year old is living with us as well 1 year old grandson. The police were called, my wife blantently lied to the 999 police operator, they came and asked me to go to friends house which I duly did, when I returned my wife wouldn't let me in she has since changed the locks and I've been living at a friends a month.
Back in early 2008 we had marriage difficulties, and she pulled exactly same trick twice with the police -we were going through divorce then.
What can I do clear my name? Can I take her to court? And what about contact with kids, surely she violating their right to family life but not allowing to see their father?
Expert:  Clare replied 1 year ago.

Have you asked to see the children?
Clare
Customer: replied 1 year ago.
Yes. Many times on the phone and by letter.
Expert:  Clare replied 1 year ago.

The law says that children are entitled to have time with both parents and the courts will enforce this of necessary.
Your starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
If that fails then you will need to apply to the Court Child Arrangement Order setting out the time that you spend with the children which can then be enforced.
If your ex makes the same accusations to try and prevent contact then the Court will indeed make a decision as to what actually did happen
I hope that this is of assistance - please ask if you need further details
Clare

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