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Ask Clare Your Own Question

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33027
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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Have you ever taken the childrens social services to court

Resolved Question:

Have you ever taken the childs social services to court over them perverting the course of justice on your client.

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
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 exactly have they done that you believe is wrong?
Customer: replied 1 year ago.

The services have perverted the course of justice for 7y and myself who were the victims of the outbreak of domestic violence in our home along with 9y and 4y who have also suffered through this the alienation from their father, despite my change in status after court in early April from suspect to innocent man.

They have achieved this through a long series of false allegations that I have been further abused by. They started with the police saying I was the perpetrator of domestic violence assault upon my wife in the first place. The social services started with saying there are too many uncertainties in this case. And carried on with Allegations like I am a risk to my children - When all the (people) witnesses say I am not and never have been. (witnesses include all those in my family). BTW 7y now says she was upset with me because I was going to the police and would not come back.

Sending an innocent man to court is one thing, once he is released and threatening further court action based on evidence, that has surely been tested by a forensic analyst and been dismissed form court, on the surface seems an outright abomination especially when the video evidence gives clear images of physical assault from the so called victims' own attacks and none by the so called perpetrator of assault. I get kicked (huge 3" bruise) in the leg because I had my foot keeping the door open and was not letting my wife close the door and get away from the video.

The so called victim actually starts all the violence and the so called perpetrator receives the bruising evidence of ABH assault on video evidence.(derh!) The police turns it around further by saying 'that I am going around with a video counter- alleging' and yet nothing is done about my allegations (because they always come second to the one who calls the police first?) - as if my counter allegations don't count - or - they are assumed to be of the same nature as the made-up allegations of the victim (like where she lies "My husband is killing me"). Isn't it somewhat weird how they believe her to the point where they go to court with only that in the actual court room - a known lie, yet the truth that cannot be denied is ignored and excluded.

I appealed to the social worker by phone after the charges on me had been dropped, no evidence given and case dismissed, to then reconsider my case and she ended up saying that she would be going a step up from the child protection plan and going to a pre-proceedings process! what!

Phone call Recording early April 2015

Me: please make clear what violence that you're on about that if I do it once its a concern

SS: The incident in October where you assaulted wife yeh, do you remember? and when the police were called your children were there and witnessed it, you assaulted her with a pillow didn't you and you were shouting and swearing and it was in front of the children. and there is the message of the children telling you to stop hurting their mum - remember?
Me: um well, one the children were asking me to stop following their mum around and dividing up the family and stop one against the other which mum had perpetrated.
SS; right
Me: The other is there is no me attacking wife and violent assault on wife, um there was however me using a pillow as you full well knew in self - defense of wife being in a rage and thumping me and kicking me and trying to pull me into a fight which I resisted and resisted again (a second time) prior to that I thought you
SS: it is your suggestion that that is self defense Me I think you must have had these conversations with Assessor its very clear as far as we are concerned that you were assaulting her and that she was very frightened and the children were very frightened. I don't see what purpose it serves to keep going over and over this because that's the incident that started all of this off. The important thing is you try and learn to move forward from it and get to a point where you can understand some of the harm in what you have done. Over and over the incident just going round in circles aren't we?
Me: No because I was informing you of some of the facts that you've said to me that are untrue. So when we come up in a court of law I am going to have to prove against you that for instance you said I was shouting at her and calling her names or whatever those things are not true.
SS: Right
Me: And assaulting her with a pillow is not true as assault means an intent to do someone harm.
SS: Right
Me: And u know that is disgusting to me to think I cause my wife or my children any harm whatsoever and the more you go on about it the more problematic it is for our family and because it is not true and has been dismissed in a court of law and the charges have been dropped the fact that you are still hanging on worries me. And when you go to get your counsel of me moving back into the home these things are going to be brought up in a court and I am going to have to prove myself yet again and go through all the ridiculous palava just because you are holding on to the lie of that I was violent and then violent in front of my children so that they have to say stop it. They were saying stop it for something completely different. They were saying stop it at a different time to..well if I had violently assaulted my wife she would be hurting there would be blood there would be scrapings and bruises and that. The last thing I would like to say to you is that um you say you have seen the evidence on the video therefor I am assuming you have seen with your own eyes that my wife was in a heightened state and was mental and was and you then saw her kick me in the leg and assault me that is classified under section 37 of the criminal act (ABH)
SS: Do you think she could be in a heightened state because she was frightened?
Me: Wehuh well she no she might have been frightened because she was no longer causing it all. I had used a pillow to to stop her and yes she might have got coz she didn't know what to do then, I wasn't, if I had have assaulted her would I just gracefully go back go and grab the camera and photograph what she was doing - if I had assaulted her I would not have let her any where near a phone to phone the police I would have hidden it covered up and sweet talked her into it and done otherwise
SS: Assaulting doesn't necessarily mean just seriously physically injuring someone does it. You can assault somebody without doing that. Hitting someone with anything is assault in the eyes of the law no matter what you hit them with or what level of injury you cause as far as I'm concerned
Me: you are way off line because you do not show any signs of understanding what I have said and that I, I acted in self defense of an onslaught already and if you are saying that you cant do anything if some one is hitting you and continually attacking you and you cant do anything in your defense, then I am afraid I am talking to the wrong person
SS: well that's your view. we are not going to get anywhere going round and round in circles
Me: we are not going round and round in circles this is the first time that I've heard it out of your mouth the um the uh lies the mis-facts and the inappropriate knowledge of criminal law and um
SS: no Me its not its at least the third time we have had this conversation
Me: we have perhaps had a conversation similar to this however a lot more insight - When was the last time? -
SS: a couple of months ago we had a conversation on the phone about this and you were also at the child protection conference and we discussed it then and I'm sure you've been discussing this with Assessor haven't you for your assessment
Me: well not really for what you're saying today
SS: well what has Assessor said to you
Me: well Assessor said she has seen the evidence and the evidence leads her to believe that I'm in the wrong
SS: so do you understand why
Me: no I don't
SS: right
Me: if you could write an email to me explaining the reasons why, otherwise what can we do your just going to go to court get a court order, hopefully Ill be able to get some one to be able to
SS: I'm not saying that's what were going to do Me I'm saying we are going to get some legal advice about what we do because of you saying you are going back into the family home I'm not saying we are going to court (that could be an outcome but by no means a definite)
Me:Well I've got to assume that's what your going to do because that's what you do.
etc etc

PS: I am thinking of a reply to my wife's email earlier today where she said:-

Hi Man, The letter from the solicitor is there just in case there was any problem. You have never assaulted me and you are not a danger to the children.
Sent from my iPhone

I was thinking a draft idea of;-

This sounds all very good, but your solicitors letter doesn't give me any indication that I will definitely ever see my children.

Expert:  Clare replied 1 year ago.
Perverting the Cause of Justice is a criminal offence relating to misleading the Court or the Police.
This has not happened in your case.
In addition if you continue with the approach you are taking then Care proceedings are a very real risk.
You need to acknowledge that you too had a part to play in what happened and discuss what needs to happen to ensure that nothing similar happens again
Yes social Services have a bad habit of favouring the woman - but this can be turned around if you show that you are reasonable and want to change the family dynamics.
Unfortunately at present your inability to see that you made matters worse for the children by what you did is hampering any chance of matters moving forward
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33027
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.

Thank you Clare,

What do you think I should have done having become a victim?

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