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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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We have an upcoming whole day court case coming up as wife

Customer Question

We have an upcoming whole day court case coming up as wife wants to take children 4 hrs away from where I live to live with her new boyfriend
I took a preventive steps order out to initially stop it as she didn't tell me about it - I found out from the children's school.
I am currently fighting it and submitted a huge statement to courts and wife last Monday
I have since found out she has contacted people who made statements about my character, by email and phone including my counsellor - these people made statements which were submitted to court.
Is she allowed to do this?
Is this perverting the course of justice and if so - what do I do ?
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Were these people who are attending court to give evidence?

What did she say to them?

Customer: replied 9 months ago.
No they just provided a statement.
No one has been summoned to come to court
We are waiting for them to forward copies of the emails? One of them said he spoke of her in a derogatory manner.
She is a narcissist of the highest level.
We are having to pay for individual answers to questions as we can't afford a solo your the bill is £25,000 so far !
Customer: replied 9 months ago.
Solicitor*
Expert:  Clare replied 9 months ago.

It If they are not giving evidence may I ask why they gave Statements?

Statements are evidence and if the person who gave it is not available to be cross examined then the statement is not

admissable.

What she has done is not Perverting the Course of Justice - but it does represent further unreasonable behaviour by her

Please ask if you need further details

Customer: replied 9 months ago.
They are willing to come to court, they supplied statements to help us build our case to stop them being taken away
I have a large amount of contact with my children they can not go
Are you saying these statements should not have been submitted then ?
Do we advise the courts she has been contacting the people who made statements ?
Expert:  Clare replied 9 months ago.

May I ask how old the children are and what they wish to happen?

Customer: replied 9 months ago.
They are 4 and 7 and never want to go back to mum house as its always a nanny they go back too - they hardly see mum
It's a massive strain on them :)
We have recommended CAFcass speak to them but the judge has to order that and at the end of the day she doesn't neglect them she is just never there
Customer: replied 9 months ago.
We got the emails back from the wife - she was asking if the people had wrote it themselves and could prove it !!
Expert:  Clare replied 9 months ago.

Has a CAFCASS report been ordered?

Customer: replied 9 months ago.
No CAFcass have no interest in this case
Customer: replied 9 months ago.
The judge may order it after our statement submitted on Monday as we can provide a loving family stable home without the need for nannies and constant after school clubs
Expert:  Clare replied 9 months ago.

Will her work pattern change if she moves?

Customer: replied 9 months ago.
No she apparently works 3 days @ home every week and travels extensively - apart from Mon/tue evening when i have the children from 3.30-6.00 but I never see her and drop off to nanny
Expert:  Clare replied 9 months ago.

And that will continue AFTER the move?

Customer: replied 9 months ago.
but I won't be able to see my kids every week as she moving a*****away from my home
Expert:  Clare replied 9 months ago.

What contact has she offered?

Customer: replied 9 months ago.
Present Contact awarded through court order dated 9.12.15 is 6 weeks of school holidays, every 2nd weekend (Fri 3.30 - 6.00) and every mon/tue night 3.30-6.00
She has offered Skype contact - that's it
She has been grooming the children to call her new boyfriend daddy which has upset the older girl quite badly
He reason for moving is she has to quit rented accommodation on Jul 16 even though the house was sold Jan this year and her job is taking her up there
She had to quit rent property Nov last year and moved into the same area she is now !
She wants me out the children's lives so she can continue her own - she doesn't like the bond I have with my children
Customer: replied 9 months ago.
Fri 3.30 - 6.00 Sun *
Expert:  Clare replied 9 months ago.

Has she offered to deal with the travelling for the weekend contact

Customer: replied 9 months ago.
No - only offered Skype contact - she says I am mentally unstable and financially unstable to see them
I'm only in debt because of this court case
Expert:  Clare replied 9 months ago.

From what you have said her case is not strong and frankly is clearly aimed at thwarting your contact with the children following her losing the case last December

To have any chance of success she would have had to be offering more contact in the holidays and offering to undertake the majority of the travelling.

Your approach should concentrate on your relationship with the children - and her efforts to disrupt it

Given her clear dismissal of your importance in their lives you can point out that it is unlikely that she will promote the relationship if she does move away

Customer: replied 9 months ago.
Can you give us some advice for the day in court if allowed :)
We can't afford a solicitor anymore so have to represent ourselves now :( x
Expert:  Clare replied 9 months ago.

Of course I will.

Customer: replied 9 months ago.
Thankyou so much
Expert:  Clare replied 9 months ago.

You are most welcome

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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 8 months ago.
Just to let you know the day of court has arrived - we are taking your advice and going with "the wife non supporting of the children with their father"
Apologies if I'm not allowed to answer this I just thought I would let you know and thank you for the advice
Expert:  Clare replied 8 months ago.

I am always pleased to hear more - please let me know what happens

Customer: replied 8 months ago.
We Won - she not allowed to remove them from the county - the judge saw right through her - we could get the kids too full time
After 7 months of hell we are ecstatic
Thankyou
Expert:  Clare replied 8 months ago.

That is wonderful news - well done

Customer: replied 8 months ago.
I'm not sure if ok to ask you
She still told the children they were moving and went to Manchester with them to buy furniture for the house she has already bought even though court order says they must not be removed from the county
We questioned why she told the children - this was her reply - what do we do please ?
Attached file
Expert:  Clare replied 8 months ago.

What did the court order actually say?

Customer: replied 8 months ago.
was going to send pics but has names on - she is not allowed to remove from Hampshire or from their respective schools
Mother must obey - if she doesn't she will be guilty of contempt of court etc
Hearing on 19th to decide where the children go - she is furious - she thinks she is God and no one can touch her
CAFcass have said no safe guarding issues so not involved at present
Expert:  Clare replied 8 months ago.

So nothing about not speaking to the children?

Customer: replied 8 months ago.
The judge told her at the prohibitive steps hearing NOT to tell the children
Expert:  Clare replied 8 months ago.

But it is not in the Order?

Customer: replied 8 months ago.
No but she was told not to !
I'm more disturbed by the digesting accusation she made regarding what I am supposed to have done in front of my 4 yr old son - It's Sick !!
Expert:  Clare replied 8 months ago.

It is in there to stop you using the text in court.

If the child had actually said it then she would have taken action.

DO NOT let her press your buttons.

Instead email her

"i am sure that if xxx had said such a thing then you would at the very least have asked what had actually happened to understand where it had come from.

The Judge was very clear that neither of us should speak about the possible move to the children.

It is a shame that you are not able to protect the children by not doing so"

And leave it at that

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