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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33317
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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Clare, can I write and request to the to reopen my case

Customer Question

Hi Clare, can I write and request to the to reopen my case for the application to revoke placement order for my two children?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
No there is no basis on which you can do so - I am sorry
Clare
Customer: replied 1 year ago.
hi Clare have you heard of Justice for families?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes I know of them and have referred people to them - but they will not be able to change anything in your case - and trying again will be devastating for you when it fails
Clare
Customer: replied 1 year ago.
Hi Clare, I am trying to fight the adoption and want my boys to go to fostering.
Asma
Expert:  Clare replied 1 year ago.
Hi
I know Asma
Clare
Customer: replied 1 year ago.
Hi Clare, what can I do I am trying my
best to stop them from being adopted. I fully understand they won't be returned to me but I just want that contact with them if it only means 4 times a year. I am desperate I don't know what else to do is to stop the adoption process?
Asma
Expert:  Clare replied 1 year ago.
Hi
I am sorry but if you accept that they will not be returned to your care then there is no basis on which you can oppose the adoption
Clare
Customer: replied 1 year ago.
hi Clare I have been waiting for over 15 minutes with my solicitor to talk about the outcome. I am not very happy the appointment was for 3.30pm. over 20 late.
I have been let down by them.
Asma
Expert:  Clare replied 1 year ago.
Hi
That simply means your lawyer is working hard.
They have done nothing wrong
Clare
Customer: replied 1 year ago.
hi Clare, she is off poorly. she had to do telephone conversation! Any way they can't reapply because it was withdrwn chance is very slim that the court will reopen!
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes that is correct
Clare
Customer: replied 1 year ago.
Hi Clare, I want to put it back in see what the judge decides! she only can say no!
Asma
Customer: replied 1 year ago.
Hi Clare, Can ex husband have children even the history of my other children? Will SS be involved with him because he is the perpretor because mostly him causing all this has led all my children be in care.
Asma
Expert:  Clare replied 1 year ago.
Hi
No it is not just that she can say no - as was explained to you it can affect what happens in your future - and that would not be good
Your ex will indeed face problems in the future
Clare
Customer: replied 1 year ago.
Hi Clare, my heart is saying to let go. And my brain is sayin keep trying otherwise I will hate myself for the rest of my wife. I am 35 I want to be a mother again. Not that quick lol. But to find the right person. I don't want my next child to be taken into care like the others.
that's the risk I am scared of
Asma
Expert:  Clare replied 1 year ago.
Hi
Then you need to follow your heart - following your head could jeapordise any future child
Clare
Customer: replied 1 year ago.
Hi Clare, I am just wanting that reassurance that I can be a mother again somtime in the future after all the assements undertaken they assess my new partner that I can keep any future children
Asma
Expert:  Clare replied 1 year ago.
Hi
You have a better chance of that happening if you follow your heart
Clare
Customer: replied 1 year ago.
Hi Clare, I am going to follow my heart. it's hard because my case is no hope case. I will not able to satisfy the court until I can show the correct insight also a substantial change.
if adoption process even takes 3 months there's no guarantee I can show any more changes
Asma
Expert:  Clare replied 1 year ago.
Hi
You are very brave Asma
Clare
Customer: replied 1 year ago.
hi Clare, I just want to focus on the financial side of divorce. it's still long process the decree nisi is now granted. I do now regret Coming back to bham I should have stayed in London
I do give my boys my blessing one day they will come and look for me.
Also I can make something of myself. Job, back to studies.
I can maybe find the right partner not now in the near future. Start a fresh. My family do not want me to leave bham but I have nuthin here.
I have relatives in London that could find me a one bedroom studio flat so I can rebuild my life.
I can fight but it will cause me more heart ache if I cannot achieve getting my boys back
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes - look to the future
Clare
Customer: replied 1 year ago.
hi Clare, I just now need to focus on myself the financial side of divorce. the judge will make a decision that sees fit.
If ex brother does not attend will the properties get ordered to be sold. the valuation of both properties has taken place.
Asma
Expert:  Clare replied 1 year ago.
Hi
It is hard to say without seeing the paperwork but that sounds good
Clare
Customer: replied 1 year ago.
Hi Clare, I am planning to move back London in the next few months. I am hoping the financial side outcome will come to an end soon.
hopfull a good out come will happen.
Asma
Expert:  Clare replied 1 year ago.
Hi
I hope all goes well
Clare
Customer: replied 1 year ago.
hi Clare me too. I think SS will be surprised I'm planning to move back but I will not inform them just yet.
Bad experience, tough trauma I require good counselling and maybe start back college.
Asma
Expert:  Clare replied 1 year ago.
Hi
That all sounds good
Clare
Customer: replied 1 year ago.
Hi Clare, if there is no link to ex husband making contribution to the other two properties the propieter is ex's If the brother does not attend and give evidence in court.
is the likely outcome might be the properties can be taken back to the bank.
if the owner not coming forward? will it go back to the government?
many thanks
Asma
Expert:  Clare replied 1 year ago.
HI
No it will remain in the ownership of the brother
Clare
Customer: replied 1 year ago.
hi Clare, why is that if brother is not coming forward and giving evidence his hiding?
Asma
Expert:  Clare replied 1 year ago.
Hi
Because his name is ***** ***** deeds
Clare
Customer: replied 1 year ago.
hi Clare, yes he is not the obese he just used his name. he is also part of the proceeds tsb as second respondent he is not attending or complying with the court order. he is ignoring the court. if he does not attend it will go to his disadvantage says in court order.
Asma
Expert:  Clare replied 1 year ago.
Hi
If the court decides the monies did not come from your husband then that is an issue between the TSB and the brother
Clare
Customer: replied 1 year ago.
Hi, I do not think ex husband can show any big amount he had or show any contribution to the other two houses. in regards ***** ***** brother he is not even showing himself and coming forward saying that there are his houses and he bought it.
if ex husband brother does not attend at hearing what could may happen what can the judge order. can conveyancing file be ordered?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes if the Judge believes there is a good reason to Order that
Clare
Customer: replied 1 year ago.
Hi Clare, all my children had good bye contact with their brothers yesterday my second son who was Injured by his brother said to his social worker direct to her 'I hate you'' I am really upset and angry what you are doing to us and our brothers''
my older son was really upset too. Also my second daughter was upset. it was hard for all of them.
my older daughter because of her limited understanding she didn't respond much.
it's so unfair
on my six children
Asma
it's all my fault 😔😔
Expert:  Clare replied 1 year ago.
Oh Asma
I cannot imagine how painful it must be - try and be kind to yourself
Clare
Customer: replied 1 year ago.
Hi Clare, I have lost everthing my children, the properties. I have failed myself and my
children. Ex husband has got away with everthing. his got all the properties he made by abusing me and my children.
he made his wealth he knew our marriage will
end that's why he bought the properties in his illegal brothers name to deprive me and children anything. he has got away with it his come out the winner and LA won my six children. I have lost all my children my
children have lost me as their birth mother. I
don't know what to do? 😔😔
Asma
Expert:  Clare replied 1 year ago.
Hi
Only two of the children will lose you legally - the others remain legally your children - hold on to that
Clare
Customer: replied 1 year ago.
Hi Clare, My solicitor is unable to link that ex husband has made contributions to the other two properties named his brothers.
Also in regards ***** ***** Home Office application their is no material information stating that his brother has two properties in the uk.
otherwise his brother would have used this information in his application to the home office.
We can't link ex at all he contributed towards the other two houses.
Asma
Expert:  Clare replied 1 year ago.
Hi
That s a shame
Clare
Customer: replied 1 year ago.
Hi Clare, if it's not proved that brother is not the owner because of his immigration status then judge will make decision what sees fit. Ex gets away with it all as a winner I end up with one home.
I have been made a big fool by ex husband,LA and the properties too I won't come out with nothing
AsmA
Expert:  Clare replied 1 year ago.
Hi
Things may not be as bad as you think - the Judge may feel there is enough evidence to help your argument
Clare
Customer: replied 1 year ago.
Hi Clare, it's trying to prove that ex is the main person who owns these properties who only used his brothers name. we cannot prove that ex made a constribution through his bank statements.
the judge knows there is somthin his not right.
I just wonder why the brother is not coming forward and claiming the houses are his he bought them. all this does not make any sense why he is being completely out the picture?
Asma
Expert:  Clare replied 1 year ago.
Hi
At this stage all you can do is wait and see what happens
Clare
Customer: replied 1 year ago.
Hi Clare, All my family and friends are blaming that I should have seen all this coming. They blame me for everthing. I do feel really upset and let down by all this. I am being treated unfairly by all this.
I don't know what to do!
Asma
Expert:  Clare replied 1 year ago.
HI Asma
Remember these are the same people who did not help you before so do not be surprised by what they say now.
Clare
Customer: replied 1 year ago.
Hi Clare, I have this concern for myself that I seem to have difficulties in understanding what I am being told! That is worrying me. I have been told by my family members and friends that I am very simple and naive.
That also I am very simple minded that i am not tactful!
I feel I do have some problems with myself. Shall I seek advice from my Gp?
Many thanks
Asma
Customer: replied 1 year ago.
Hi Clare, sorry I am waiting for your response.
Regards
Asma
Expert:  Clare replied 1 year ago.
Hi
I certainly do not think you are simple!
You have been under a great deal of stress - a phenomenal amount and this may well have affected your ability to process what you ar ebeing told.
By all means discuss it with your GP and counsellor
Clare
Customer: replied 1 year ago.
Hi Clare, I requested my solicitor who is dealing with the financial proceedings to attend the next FDA hearing next month she has also appointed a barrister. My solicotor will attend I paid for her travel cost hopefully it will help my case more she has all the relevent information of my case.
I do appreciate she will attend I just hope we can move forward.
Asma
Expert:  Clare replied 1 year ago.
Hi
That is an excellent idea
Clare
Customer: replied 1 year ago.
Hi Clare, I requested to my solicitor I managed to get her to agree to attend the hearing we can have a better idea of my case will go.
Asma
Customer: replied 1 year ago.
Hi Clare, what is the difference between legal aid paid solicitors and private paid? Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
There is no difference - most solicitors in fact do both
Clare
Customer: replied 1 year ago.
Hi clare, private paid lawyers do they seem to be more proactive for thier clients then legal aid lawyers?Because what ever the outcome is even if they no prospect of success for the case they get paid, I think the only difference is legal aid lawyers charge less fees than private.
Private fees are more higher.
Is that the reason?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Legal Aid Lawyers can only do work that is covered by the Certificate - Private lawyers get to charge for everything that they do!
Clare
Customer: replied 1 year ago.
Hi Clare, Is it extremely rare to revoke PO?
Is it difficult for either parents to succeed a case similar to mine?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
It is rare - very rare although it has happened.
Clare
Customer: replied 1 year ago.
Hi Clare, I contacted an advocate from Justice for families she also said in the last 10 years no revocation order was successful or children were not returned to parents. So I would not have a chance at all for successful application that is why my barrister adviced me to withdraw my application.
My solicitor asked me a question how would I prepare myself? What does she mean by that question?
Asma
Expert:  Clare replied 1 year ago.
Hi
I am personally aware of one - I would suspect there have been others - and case law is changing all the time
I am not sure what the context of the solicitors question was
Clare
Customer: replied 1 year ago.
Hi Clare, my eldest son is going turn 18 next January. He has told his SW he woud like to return home. Social worker wants to meet with me next week discuss about his plans.
What might likely to take place? They considering increasing contact.
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
At 18 he is entitled to chose where he wishes to live so they will wish to discuss the practicalities of that with you.
Clare
Customer: replied 1 year ago.
Hi Clare, will the LA might agree plan of returning him to my care? That's if my son wishes? Should I prepare for my son?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes there is a good chance of that happening
Clare
Customer: replied 1 year ago.
Hi Clare, Can ex husband appeal against the judges decision regarding the property matter? If their is a reasonable outcome and ex husband disagrees can he appeal?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
He can appeal - but that does not mean he will succeed
Clare
Customer: replied 1 year ago.
Hi Clare, how will appeal take?i might still have to pay fees to my solicitor. If ex unsuccessful can I claim wasted cost against him?
Asma
Expert:  Clare replied 1 year ago.
Hi
It is highly unlikely that he will be able to appeal - if he does and loses you can claim costs
Clare
Customer: replied 1 year ago.
Hi Clare, I do hope he does not appeal. It will have a huge cost affect on myself if I need to be continue to be represented.
It will have a bad impact on me even now I am struggling. If brother does not attend Hearing next month then I do not think the judge will give him any more chances and take the view that ex is the owner of the two houses not his brother.
It's really surprising why his brother not attending?
Asma
Expert:  Clare replied 1 year ago.
Hi
You can only wait and see I am afraid
Clare
Customer: replied 1 year ago.
Hi clare, if ex and his brother was honest from the start he would have come in the start of the proceedings.
I would have not suffererd these hearings. Ex delaying answering and providing documents.
My solicitor will attend so we are hoping they would be more progress.
Asma
Expert:  Clare replied 1 year ago.
Hi
Good - I will keep my fingers crossed
Clare
Customer: replied 1 year ago.
Hi Clare, I was always honest and informed the LA that my older son inflicted the injuries to his brother. If my son does return to my care I will not have no chance of the remaining three children back to my care or if I have further children. Because of the risk if I son lives with me in the near future. LA will never let me have my other children or any future children in my care.
I am getting really worried now. Can you please advise me on this matter
Many thanks
Could my son go into independent living maybe?
With right safe support?
Asma
Expert:  Clare replied 1 year ago.
Hi
That is a hard choice.
HOWEVER you have the chance of spending time with your older son
IF it becomes likely that either you will have another baby OR that the other children may return to you then you can ask your son to leave
Clare
Customer: replied 1 year ago.
Hi Clare, I have just found out ex is not seeking my older son back to his care. I think this is because that ex wants to get his new wife over from abroad. Also he is nearly 18 ex anxious because the injury that caused by my son it would have an impact on his of he was apply for the other children or of he has more children from new wife.
I am quiet shocked his not accepting his own son.
Asma
Expert:  Clare replied 1 year ago.
Hi
It is hardly a surprise - he is not family minded
Clare
Customer: replied 1 year ago.
Hi Clare, I am now realising what sort of not family minded man. I now realise he only get me pregnant for their benefits money never being a responsible.
All his true colors are slowly coming out. He never wanted me and my
Children just to ruin my life and my children's lives.
I am glad my children and myself have got rid of him for the rest of our lives.
He will never be a responsibility husband and father. I guess some people nevrr change
Asma
Expert:  Clare replied 1 year ago.
Hi
Indeed they don't
Clare
Customer: replied 1 year ago.
Hi Clare, The LA acknowledges that My older son caused harm to his younger brother.
If I was to come forward to be carer for by older son because his care order expires when he turns 18. Will the LA support him returning?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
There is no reason why not - indeed he is entitled to live where he wishes
Clare
Customer: replied 1 year ago.
Hi Clare, I am wondering why the LA did not support for the younger two to be returned to my care? But they might be considering for my older son. Is it the because of the age? I don't need to court to be cross examined. What would the LA expect from me?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
They have no choice if that is what he wants
Clare
Customer: replied 1 year ago.
Hi Clare, what support will they put in place eg accommodation, financial, education? Would it possible him to refered to adult services? He will not agree he will get angry his wish is to come home.
But to who and if SS Will support that's the question
Asma
Expert:  Clare replied 1 year ago.
Hi
he is entitled to support on leaving care - but he can chose where he wishes to live
Clare
Customer: replied 1 year ago.
Hi Clare, when I meet with SW tom and ask wether they support me taking him back to my care. If they don't then I done my best and move on with my life!
I am still concerned if by him being in my care will it impact on applying my other children or future children?
Asma
Expert:  Clare replied 1 year ago.
Hi
All you can do is discuss it with them
Clare
Customer: replied 1 year ago.
Hi Clare, I had meeting with SW about my older son care plan. Basically he may be accepted in adult social care. But my son wants to come to either parents.
April the contact will increase monthly then fortnightly then weekly for both myself and children's father.
I am concerned my son may disclose to his father where I live it's will be left confidential.
That's is a concern. What safety measures can I put in place for myself and my son is be safe from ex?
Asma
Expert:  Clare replied 1 year ago.
Hi
is your son able to understand the risks?
Clare
Customer: replied 1 year ago.
Hi Clare, no he doesn't. I am planning to move to London but I don't think my son will live in London with me. My main concern is my safety and my sons.
What can my safety options can I undertake?
Asma
Expert:  Clare replied 1 year ago.
Hi
Then you will not be able to tell your son your address unless he lives with you and has limited contact with his father
Clare
Customer: replied 1 year ago.
Hi clare, SW proposing increase contact, monthly, then fortnighty, then weekly, then unsupervised contact. It will be same level with his dad.
I am very concerned that how I can maintain this. My son will also be doing visits at my house. But if I move london how will I maintain all this. The only safest option is for son to stop all ties with his dad completely for mine and my sons safety.
Can that be possible by law? His father is still a risk to me now and in the near future
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
That will be up to your son
Clare
Customer: replied 1 year ago.
Hi Clare, if my son does not agree then I will have be open and honest with the LA. I just want clear slate start a fresh with my son if he wants contact with his father then I will have listen to his wishes and let him be. I can't handle Any more of ex manipulation and deceit.
The financial side is still ongoing we don't what the outcome will be if it does not go in his favour then he will become more agressive towards me and cause more friction between me And my son. I feel ease now I am out of ex life but he will come back because of my son like contact and other things.
Why can't ex get out of mine and children's lives for good so we all can mve on?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes that is well thought out
Clare
Customer: replied 1 year ago.
Hi Clare, shall I talk it through with the LA?
It's my daughter review next week it's better to be open and home to with them about my concerns. It's a big decision again but ex is giving me no choice.
Asma
Expert:  Clare replied 1 year ago.
HI
Yes being honest is the best way forward
Clare
Customer: replied 1 year ago.
Hi Clare, will my claim affect if ex gets his wife over to UK. He is desperate for me to apply for the decree absolute.
His statements showing weekly money coming in each week. The question is where is the money coming from? also where is this money going?
My concern is and my Question is of he does bring his wife will it affect my current claim?
MAny thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
No his new wife will not effect your claim.
he will have to explain where the money is coming from?
Clare
Customer: replied 1 year ago.
Hi Clare, I was informed. By SW if ex and his wife have any more children they will be informed likely hood be the child will be removed from thier care.
Even if the baby is born in the house the hospital will report it to SS. His also ruined another poor lady's life. She will only marri him for his passport.
He might have children in India and provide for them back there.
Whrre the money is coming from he will not say the real truth. How will Judge make a decsion if ex is not being truthful?
Asma
Expert:  Clare replied 1 year ago.
Hi
The Judge has the power to assume that funds are available to your ex and to make an order accordingly
Clare
Customer: replied 1 year ago.
Hi Clare, the statement showing his weekly money coming in and out that cleary says his financially stable. He also gets benefits. Also rental income from the two houses in his brothers name the judge can easily see ex has good income coming in. Judge hopefully will see that.
Do you think next Hearing will take matters to final hearing?
Asma
Expert:  Clare replied 1 year ago.
Hi
Hopefully - I would certainly expect it to
Clare
Customer: replied 1 year ago.
Hi Clare, I am so stressed out my solicitor cannot link him to the other two properties. Not through ex bank statements, his not disclosing, he is saying his not recalling.
She wants to send an process server to the two properties to find out who the real owner is.
It going to cost me £300 pounds. There is no gurantee that he would be able to link him.
I am getting letters from banks i owe. I don't know what to do? Any Advice?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
If you cannot prove the link then they will not form part of the settlement.
The decision has to be up to you
Clare
Customer: replied 1 year ago.
Hi Clare, how else can I link him with? If brother does not attend will this mean the judge will accepts it's ex brothers house will not make a decision on those two houses?
Or will the judge still give ex brother time to atttend if he does not attend next hearing?
Asma
Expert:  Clare replied 1 year ago.
Hi
Unless you can prove the link I am afraid that this will be the end of the matter
Clare
Customer: replied 1 year ago.
Hi Clare, but the brother is on the run from immigration. Also If it was his he would attend and say to Court they are his not the brothers. Can I send a process server to the two properties?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes you can certainly try this
Clare
Customer: replied 1 year ago.
Hi Clare, if does not go in my favour the only way is to report ex for benefit fraud and fraud to purchase houses by an illegal immigrant. I am in all this debt because of ex. He is getting away with all of this. I am not getting nothing. I am really stressed by all this.
I don't know what to do?
Hpw to overcome all this?
Asma
Expert:  Clare replied 1 year ago.
Hi
You are doing all that you can - let us hope that it is enough
Clare
Customer: replied 1 year ago.
Hi Clare, we are just hoping we can find a link also if ex is proved he been lying he can sanctioned by the court. The court might make such orders. Also my solicitor has written to an organisation that could do investigation on back ground checks on ex husband. Uncovering hidden assets etc.
can this be achieved?
Many Thanks
Asma
Customer: replied 1 year ago.
Hi Clare, if ex husband brother attends the hearing will likely to go to final hearing? If documents from abroad about houses and funds ex had or has abroad if judge is satisfied will those be added to the assets?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes if you can produce evidence of assets they will be part of the assets
I do think this will go to a final hearing
Clare
Customer: replied 1 year ago.
Hi Clare, you are aware about my case. We have done every thing to find ex brother. Also my solicitor will request to the judge to order brothers immigration file. Also the conveyancing file for the three houses.
We are hoping it will go final hearing. I am in over £21,0000 of debt. I will be taken all my bank statements and credit card bills.
My solicitor and barrister will attend.
I am really stuck I don't know what else to do to carry like this?
Many Thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
You are doing everything you can Asma - and managing it very well
Clare
Customer: replied 1 year ago.
Hi Clare, his hiding not being cooperative or honest with all his questionnaire we have raised. He will never disclose or be honest. He is doing all this for me to get nothing. Only the judge hopefully see all this.
What do you think might happen to my case?
Will I ger atleast reasonable outcome from matrimonial home?
Asma
Expert:  Clare replied 1 year ago.
Hi
I do not have enough of the details I am afraid - but there is good chance that you will
Clare
Customer: replied 1 year ago.
Hi Clare, the £37000 ex pulled out by remortgaging the matrimonial home. Can that be recovered because he taken it out to reduce my claim .
Will the judge consider this?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes they will be
Clare

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