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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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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My husbands ex wife has turned his two daughter against him

Customer Question

My husbands ex wife has turned his two daughter against him not allowing no access for a number of years. His eldest daughter who is nearly 18 has mental health issues has been sending emails with disgusting content, letters of the same nature to several family members, she has also reported things regarding my children and a child we have together to social services. All have been proven to be made up by her, more recently she had my husband aressed for something totally fictional and made up. He was cleared by police on Saturday but this girls behavior is escalating and I'm confident that she will not stop. I wish to protect my children and the rest of my family as I fear this will end up with someone getting seriously hurt. What are my options?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.When will this girl turn 18?
Customer: replied 8 months ago.
10th April however the mother from what we understand is partly driving the issues. We were told by mental health teams that the mother was paranoid.
Expert:  Clare replied 8 months ago.
Will your husband be willing to report the behaviour to the police?
Customer: replied 8 months ago.
They have seen some of it as she had in in July last year arrested for rape of a minor under 13. It was the worst time of our lives. They have just cleared him of that as it was a total lie and no evidence. Why report it?
Customer: replied 8 months ago.
Would it not be seen as revenge for what she did with her mother encouraging her?
Expert:  Clare replied 8 months ago.
How often has she contacted family members
Customer: replied 8 months ago.
She has posted letters via Royal Mail recorded delivery to all my husbands brothers and parents twice and had police turn up at his 80plus year olds parents to arrest him nearly killed them. More concerned over her coming after my children.
Expert:  Clare replied 8 months ago.
Has she actually threatened your chidlren specifically?
Customer: replied 8 months ago.
She's not directly spoke to any of us only through mail but what she has wrote is very resentful towards them especially my 7 year old son.
Expert:  Clare replied 8 months ago.
Did what she said amount to threat?
Customer: replied 8 months ago.
It's how everyone that's read it has took it. The fact it's getting worse and she's been sectioned at least twice on what we know. At best for me that makes her a loose cannon that is escilating willing to stoop to any level not giving a dam what she says or does on any level to our family.
Expert:  Clare replied 8 months ago.
Have the threats been reported to the police?
Customer: replied 8 months ago.
No because they arrived like a week before he was arrested then they just treated us all like criminals
Expert:  Clare replied 8 months ago.
The only option available to you is to report the threats to the Police.Since she has not contacted you directly you cannot report her for harassment - but you can ask all those who DO receive communications from her to do soYour husband could also make a complaint to the Police about harassment - but at this stage it would be understandable if he would rather not speak to them at all.I hope that this is of some assistance - you are in an incredibly difficult position where the law is of limited help.Please ask if you need further detailsClare
Customer: replied 8 months ago.
Can we not take out a non molestation order on her prevention order to prevent her from contacting me or coming near my children using the letters emails etc as evidence. There is no way that there can be nothing that we can do, it has affected our lives forever as it is in not going to just sit around waiting the next issue she decides to lie about.
Expert:  Clare replied 8 months ago.
Unfortunately the threats in letters are NOT sufficient for a Civil Order unless the letters had been addressed to YOU - your only option is to take those to the Police - it is a criminal matter to make such threats and it is their job to deal with it.Making unfounded complaints to Social Services is not something that can be covered in such an order - but it can count towards criminal harassment which is why your husband needs to report it to the police.
Customer: replied 8 months ago.
One was addressed to me recorded delivery but I new it would be poison so I refused the delivery of it. Won't reporting it to the police just be seen as pay back for her accusing my husband of raping her, surely that's also some form of harassment with zero evidence or even any made up dates or times.
Customer: replied 8 months ago.
Also all the evidence we got is in my husbands name can he file any civil action.
Expert:  Clare replied 8 months ago.
Is he willing to do so?
Customer: replied 8 months ago.
He is willing to do whatever it takes, he now realises the daughter he new and had a relationship has been replaced by a mental health problem that very nearly lost him
Everything in his life and put him in a situation that ruined his summer holiday and Christmas and made him very sick. If the advice is hit her with everything that's what will happen. I can see this girl
Stabbing one of us in the not so distant future.
Expert:  Clare replied 8 months ago.
Technically your husband may have sufficient to apply for a non molestation order - the form is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/fl401-eng-20160213.pdfIt would be best to wait until after 10th April
Customer: replied 8 months ago.
Is it worth getting him to report it all to the police too. Also on the non molestation form is it worth putting on her latest attempt of having him arrested, I know he feels judged but he never did anything infact he's never missed a child support payment even with all that going on.
Expert:  Clare replied 8 months ago.
Yes to both!

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