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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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, now ex husband brother has been deported how would

Customer Question

Hi Clare, now ex husband brother has been deported how would this affect on the claims of two houses?
Asma
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I would expect this to be very helpful in showing that it is unlikely that the money for the properties came from him
Clare
Customer: replied 1 year ago.
Hi Clare, how can we find out if a person has been deported from UK?
Asma
Expert:  Clare replied 1 year ago.
Hi
I am afraid that you personally cannot find this information.
Clare
Customer: replied 1 year ago.
Hi Clare, can my solicitor find out that information? They did act for him then told him they can no longer act for him.
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
No they cannot access the information other than by writing to the Birder Agency on your behalf - which may or may not be effective
Clare
Customer: replied 1 year ago.
Hi Clare, I am just wondering why is ex is not telling the truth in court that his brother is no longer in the country? By lying in court and his behaviour towards UK law is unacceptabl his Getting away.
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
I am not sure he knows HOW to tell the truth
Clare
Customer: replied 1 year ago.
Hi Clare, his never said the truth ever. That's why his lies are catching up on him. It all happened for a reason why all my children were taken in to care so I can see the true colour of ex husbands behaviour. I would have not seen all this if children were in my care. That's the best thing I did is to leave him and fight for my rights.
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes leaving him was indeed the best thing that you did
Clare
Customer: replied 1 year ago.
Hi Clare, if the estate agent does not respond by 24/4/15 about the seller and sellers instructed solicitors can the court take further action against the estate agent?
Asma
Expert:  Clare replied 1 year ago.
Hi
Your solicitor can certainly apply for a penal notice to be issued
Clare
Customer: replied 1 year ago.
Hi Clare. Thank you. It was my orders sons looked after review today. He is Clear he wants to live with his dad when he turns 18. So they have decided to increase contact for myself and his father start in June. It will be monthly then fortnightly until October.
This is good news for me.
Asma
Expert:  Clare replied 1 year ago.
Hi
It is good news about contact -not such good news about where he wishes to live
Clare
Customer: replied 1 year ago.
Hi Clare, that is absolutely true I am still shocked that my son still wants to live with his dad. LA are shock too but they unable to keep him away from his dad.
Will my case regarding the ancillary will conclude before my son turns 18 January 16?
I am sure ex is going to use another tactic to keep the house to say to court he needs the house by saying my son will be returning to his care in January 16?
I am feeling anxious about all this
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
At 18 your son will no longer be the concern of the court - and the matter will be resolved well before next January
Clare
Customer: replied 1 year ago.
Hi Clare, can ex show demonstrate to court that his son is coming to 18 will the court consider an special need adult will be living with him?
He will say he has only one house FMH he cannot sell
Or move out because he needs a home for his son.
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
Please do not worry this will not be an issue
Clare
Customer: replied 1 year ago.
Hi Clare, January 16 is still long way. I am just surprised the LA are allowing this to happen. To let my son stay with a not good man who has ruined mine and my children's lives. He does not care or love anybody just money.
His love for money has always been his number one priority. It's a real shame my son does not have the level of understanding how his father really is.And I do not want my son to end up in unpleasant situation.
Can any safety measures put in place for him?
Asma
Expert:  Clare replied 1 year ago.
Hi
Once the child is 18 Social Services have no choice
Clare
Customer: replied 1 year ago.
Hi Clare, I am concerned how am I going to promote contact if I have no communication between myself and ex-husband? If my son does end up living with his dad we have no good communication it will be bit difficult. About my safety is important too?
Asma
Expert:  Clare replied 1 year ago.
H
Once your son is 18 it i sup to him what contact he has with you
Clare
Customer: replied 1 year ago.
Hi clare, I don't know how I can cope with all this. If I can contine with the case it's financially crippling me. I am hoping it will resolve very soon.
Asma
Expert:  Clare replied 1 year ago.
Hi
I am sure that it will do so
Clare
Customer: replied 1 year ago.
Hi Clare, Will the claim effect me or my son? But I am still entitled to 50/50. It will end before January 16?
Asma
Expert:  Clare replied 1 year ago.
Hi
The position with your son is not relevant at all
Clare
Customer: replied 1 year ago.
Hi Clare, even if he has additional learning needs? If ex uses that reason in court. Will ex that to his advantage?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
The history if this matter means that this will not be an issue
Clare
Customer: replied 1 year ago.
Hi Clare, I am not sure why my
Son thinks it will benefit him to live with his dad? I respect his decsion but his dad has never been loving father to him or any of the Children and how will he cater for his needs.
Asma
Expert:  Clare replied 1 year ago.
Hi
It will all work out I am sure
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor is waiting for me to send benefit letter so she can apply deem of service to court. Also she waiting for the estate agent to respond to the court order. If not she will attach penal notice.
As long court is satisfied the brother is served.
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
That all sounds good
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor is concerned the lack of co operation from the estate agent manager. She has served the court bundles to ex home address the reply was that the addressee has gone away(ex brother). My solicitor is hoping the estate agent will disclose where ex brothers address.
My solicitor did advice me if estate agent does not co operate then she will request to court waste cost order against the OS/ estate agent.
The estate agent are being difficult there must be a reason why the manager is being unhelpful.
The courts got the power what order they want
Asma
Expert:  Clare replied 1 year ago.
Hi
It seems that your solicitor is dealing with the matter well
Clare
Customer: replied 1 year ago.
Hi Clare, it's just taking too long these proceedings that's the main issue how can I continue with these proceedings I simply cannot afford to pay anymore fees. Already I have credit cards and overdrafts debts I owe.
The longer these proceedings take I am unable to pay for representation!
What can I do?
I am at a loss I unable to thinks straight. All this stress is having huge impact on my mental and physical well being
Asma
Expert:  Clare replied 1 year ago.
Hi
I am sorry but sadly there is no other option if you wish to have a settlement
Clare
Customer: replied 1 year ago.
Hi Clare, it's how long is a piece of string? I don't if I can continue any longer. I might have to withdraw because I just not able to continue.
What can I do to speed it more if confirms brother has been deported it's should not take long!
Asma
Expert:  Clare replied 1 year ago.
Hi
It shoudl be listed for a final hearing very soon
Clare
Customer: replied 1 year ago.
Hi Clare, I should hope so too. Thank you for all your support and advice. I am so grateful. I really do not know what to do to cope with myself during these coming weeks?
Asma
Expert:  Clare replied 1 year ago.
Hi
You are doing so well - just try and hold on
Clare
Customer: replied 1 year ago.
Hi Clare, I am concerned the estate agent will be very difficult to comply with court order. His got till this Friday to disclose information of the brother. I am thinking the estate will say that the sale is not going ahead or inform that ex brother has gone abroad. I am just wondering if the court will wait until ex brothers returns. But we got the info he has been deported? I do not think the judge will make any decisions about the two houses
Asma
Expert:  Clare replied 1 year ago.
Hi
The Court will not let matters drag on - they will set a hearing date
Clare
Customer: replied 1 year ago.
Hi Clare, I understand the court will not drag it on. The deem of service will fail if we don't get it confirmed that his brother has been deported. Also the other party might raise that brother was not served at his home address abroad!!
They are going to use every tactic they can to not get his brother in to those proceedings.
Asma
Customer: replied 1 year ago.
Hi Clare, I have no more funds to pay the solicitor and barristers fee if I unable to afford to forany more further hearings. Can my soliciotor write to the judge to finalise the hearing very soon?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes your solicitor can ask for it to be put down for the final hearing as a matter of urgency
Clare
Customer: replied 1 year ago.
Hi Clare, Thank you yes I am hoping my solicitor will call the hearing matter of urgency. I can't manage all the stress and debt I am in now. Before my son turns 18 in January 16. I have to end this matter I want ex completely out of my life for ever so I can focus on myself and my son contact will increase June this year.
We will have to request to judge to final hearing at matter of urgency. What ever evidence we have provide to the judge. Also ex is not Complying or does not want to give me nothing at all.
We can't drag this on any longer­čśĺ­čśĺ
Asma
Expert:  Clare replied 1 year ago.
Hi
Well thought out
Clare
Customer: replied 1 year ago.
Hi Clare, can ex appeal the judgment?
Asma
Expert:  Clare replied 1 year ago.
Hi
Only if the Judge makes an error
Clare
Customer: replied 1 year ago.
Hi Clare, but will ex deliberately appeal to prolong the case!!. That's my ultimate concern?
Will he be given certain to appeal?
Asma
Expert:  Clare replied 1 year ago.
HI
There is no way of telling at this point I am afraid - but it is unlikely
Clare
Customer: replied 1 year ago.
Hi Clare, does the final hearing normally resolve or another hearing is listed for the judgement? We hoping the estate agent will respond to the court order. If the brother does not attend and is likely that he has been deported can the judge make a decsion on them two houses without his absence?
My solicitor will be applying the deem of service ASAP
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
The Final Hearing is usually resolved on the day unless time has run out
Clare
Customer: replied 1 year ago.
Hi Clare, final hearing will there be crossexamination? If I don't want to be cross examined can I request this or I have no choice I will have to be crossexamined?
Asma
Expert:  Clare replied 1 year ago.
Hi
I am afraid that you will have no choice on the matter
Clare
Customer: replied 1 year ago.
Hi Clare, I can become really anxious and panick at cross examination that is why I did not give for the children's proceeding and the recent application to discharge PO for my children. I don't seem to do well at all during cross examination I get frustrated with myself. I don't know what to do
Asma
Expert:  Clare replied 1 year ago.
Hi
You stay calm and simply answer any questions truthfully - remember you may not even be cross examined Clare
Customer: replied 1 year ago.
Hi Clare, I just want this over it has gone long enough I just want him and this financial side all over soon as possible. I am just hoping and praying for positive outcome and get what I am legally entitled to. I do not have to deal with him any more. I know it has been hard for me over the past 3 years but my ending with him has given me new fresh start. I am free from abuse from him for ever and my children and me are not suffering with that horrible man. I am sure my son will realise what his father is like then he will eventually move with me,
Asma
Customer: replied 1 year ago.
Hi Clare, I am not happy with my solicitor lack of communication. She has not back to me regarding if the estate agent has responded to court order. Also I emailed suggested to her to serve papers to ex brothers address in abroad because ex solicitor will argue at court why didn't my side serve his brother Bangladesh address I explained to her if it affects me then she will be responsible for that mistake. I think she should be doing what I instruct her to do.
She feels deem is more than enough!
Asma
Expert:  Clare replied 1 year ago.
Hi
Please remember that every time you contact her and she contacts you costs you money.
It is likely that your solicitor is restricting communications to only ones that need to be made to keep your bill under control
Clare
Customer: replied 1 year ago.
Hi Clare, that is so so true. I will wait for her to contact me. My depression is getting
Worse I will be seeing my GP this week she might change medication or might refer me to psychiatrist. I will be offered CBT I am on the waiting list.
Asma
Expert:  Clare replied 1 year ago.
HI
Definitely ask for your medication to be reviewed
Clare
Customer: replied 1 year ago.
Hi Clare, now my solicitor requires the address of ex brothers in Bangladesh. I think the email might of made her realise that she has to send last court order to all addresses so the OS can't make any more excuses that brother not been served. The estate agent has not responded to court order!
I knew that will happen I think the estate agent might be resisting the real truth will come out.
Asma
Expert:  Clare replied 1 year ago.
Hi
I hope so
Clare
Customer: replied 1 year ago.
Hi Clare, the estate agent responded saying the sale has not gone through. They can't find the brother. They had been instructed last contact in October 2014. I am surprised how did the brother put it back on the Internet and news paper in March 15 with the same estate agent which address he used in March 2015. His brother used ex husbands FMH address in October 2014.
It's clear ex is lying he has been saying he has no contact with his brother from August 2014.
The estate agent is clearly covering ex husband tracks.
Asma
Expert:  Clare replied 1 year ago.
Hi
The court will also ask the same questions
Clare
Customer: replied 1 year ago.
Hi Clare, I am sorry if I Am confusing you. There is something not right. Can my solicitor write to court before hearing 18/5/15. Can the estate agent manager be caught of providing incorrect information?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
Your solicitor, who has all the details will be able to take the matter forward appropriately
Clare
Customer: replied 1 year ago.
Hi Clare, the statement of substitute service of ex is Brother as the 2nd Respondent. She seeking permission for substitute service p/ deemed service on the 2nd respondent. He has been served court documents to various addresses, if the judge is satisfied then there will no issue raised about the brother where abouts. Ex can't make any excuse. The main thing is ex is lying about from the start of proceedings he has no contavt with his brother at all ali through the brother has been using FMH address to sell the house in his name. Ex is continuously to be untruthful at court he did not know the where about of his brother.
All this is very confusing ex thinks he is getting away with all this.
Asma
Expert:  Clare replied 1 year ago.
Hi
Exactly - but that does not mean that he is actually winning
Clare
Customer: replied 1 year ago.
Hi Clare, I can not carry on all this cat and mouse game any more. I just want case to resolve. I have no mre money to continue.all his lies will show soon enough. I think we have enough prove ex has been lying the conspiracy his doing with the estate agent manager will show very soon.
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes I think you are correct
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor raised 20 issues in the statement with evidence she has sent to various addresses and estate agent. 23 pages!! She has done really well. I just hope judge grants permission.
Asma
Expert:  Clare replied 1 year ago.
Hi
She is indeed working hard for you - and from what you have said in the past the Court is already unhappy with your ex
Clare
Customer: replied 1 year ago.
Hi Clare, the estate agent says in his letter that he had already relayed all this information to my
Solicitors weeks before the 13/0/14 hearing. He feels it has been waste of court time. So what is he trying to say that he is alleging we have wasted court time?My solicitor did not get his information at all he is not telling the truth in his letter
Can we raise this to the judge?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes that will be raised with the judge do not worry
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor will write back to the estate agent raise few more questions. About his letter. She feel he made a personal comment about waste court time.
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes he did - which supports your argument that he is a personal friend of your ex
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor has wrote to court and estate agent about the letter the manager responded. She raised about the personal comment he raised.
Went to my GP all tests were normal I am no longer diabtetic. My emotional wellbeing is ok for now. My GP advising me to approach Job Centre for educational courses and support to go back to work. I am so so happy my health has improved significantly regardless all the stress I have and continuing to go through.
I am happy I want to work it's where do I start from?
I am sure job centre will guide me.
Asma ­čśŐ
Expert:  Clare replied 1 year ago.
Hi Asma
Well done - you have worked hard to get there
clare
Customer: replied 1 year ago.
Hi Clare, I really don't know how I did all this. With all that's going on. Loss of my children the case. Can you please what I am doing right?? Lol
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
You haven't given up - and you have worked at understanding what happened.
You are a fighter
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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 1 year ago.
Hi Clare, I have now fully accepted my children will not be returning to my care. I have accepted responsibility for what I have put my children through. I have to rebuild myself focus on my wellbeing. When my children reach adulthood they are ready and want contact with me I will be hopefully physically and mentally better and meet them. If they do look for me then I am always there for them best as I can.
They will become more independant and confident.
I have tried everything in my capacity but the local authority will never trust or want to work with me any more.
I do hope my children do not hate me.
Asma
Customer: replied 1 year ago.
Hi Clare, The SRA are in the process to write letter that my solicitor can still continue representing me. Which is good news.
If the court is satisfied the brother was served what will happen next?
If ex brother does not attend what outcome likely can happen to the two properties?
If there is an order made ex does not comply can their be a consequence?
I think the judge will order somthing for the two houses it clearly demonstrate its not his brothers. His not attending court or disputing that these properties are his.
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
You are right about how dignified you have been about your loss.
I hope that the Judge will indeed allocate the proceeds form the houses to you
Clare
Customer: replied 1 year ago.
Hi Clare, on what basis judge will be certain that houses are really not his brothers house? If there is an order for these houses how long the process will take in regarding the settlement. Will it clean break or periodic payments?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
There is no way of telling this without seeing all the paperwork.
However your solicitor seems very thorough so she clearly has a route planned
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor will be applying for an order next week for the court to grant an order for ex brothers name that he cannot sell those two properties. If that is ordered even if his brother is in this country or not he can't sell them houses.
If he attempts to there were be clear consequences.
She will request to judge to talk to final hearing
After the May hearing.
I just hope it's comes to end. She did say if ex does not comply with consent order then possibility he will end up in prison.
An enforcement order can take place.
It's all up to the judge
Asma
Customer: replied 1 year ago.
Hi Clare, can ex apply for decree absolute? We it granted to him if their is still ongoing claim?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
He can apply and it may be granted since the financial application is already well under way
Clare
Customer: replied 1 year ago.
Hi Clare will it affect my current claim? My solicitor advised me not to support the absolute until the financial matter not finished. Just to let him stew bit Longer.
What do you suggest shall I apply or wait for him to apply.
Asma
Expert:  Clare replied 1 year ago.
Hi
Wait for him to apply!
Clare
Customer: replied 1 year ago.
Hi Clare, he has 4.5 months to apply. I will let him apply. The next hearing is on 18/5. I have no money to pay for barristers fee the hearing. How can I explain to my solicitor I can no longer pay? She fully aware of my financial difficulities.
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Just be honest with her - she will understand
Clare
Customer: replied 1 year ago.
Hi Clare, I have been honest with her. She fully knows my situation. I wonder why I need to pay for barrister fee? Why can't my solicitor represent me because she knows everything why do I require barrister?
Asma
Expert:  Clare replied 1 year ago.
Hi
You will have to ask her to do so
Clare

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