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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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I live in Scotland and have since Marchpermission .my ex has

Customer Question

I live in Scotland and have since March*****permission .my ex has raised new application for residence. I've completed with assessment of the children but as duplicated up here Only agreed children to be seen in neutral place at school. There's been continued abuse and my details keep being given out. I've been to the police anout the abuse. At the moment I've no legal aid in England and having trouble obtaining. Last week without my consent the other party legal counsel drafted an order which the judge signed off stating I'm consenting to full disclosure of my data by my solicitor. This includes police, MARAC informationand personal and I've objected as I hadn't agreed but the judge said he's issuing it anyway and it is one way. I think this is a breach of law - what can I do ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

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

Which Court is dealing with the matter?

Customer: replied 1 year ago.
Reading but as a county court rather than judge Olivers high court hat. I currently have no legal aid in England. My Scottish solicitor believes Scotland is the best place for this to be heard but ex is claiming that under the family law act all cases stay in England until the children are 18. I divorced in January 2013 - Justtice Mostyn at RCJ and final childten act orders by Justice Coleridge in Oct 2013 with no direct contact ordered. judge oliver transferred in a child maintenance application under an ex partie request by my ex, dismissed it and forced me to sell my only asset as I couldn't get a transfer of equity my ex was given costs despite the fact that he lied to the court. Judge allowed him to keep a flat with my name on it for another 13 months which is preventing me from getting cheaper accommodation and when he has defaulted. Its a mess. The council has told me I must do. I feel that my rights and the children's are being breached as my ex has continued to abuse me, making false claims which the judge appears to continually accept. Police up here are looking at whether they have enough to do something under stalking. Case listed to allow jurisdiction argument but judge they able fact find for December 4 days - I'm out of work and can't afford this. The Guadian NYAS report states the children want to residewith me but negative she saw them only in school. However NYAS keeps disclosing my personal information eg email address which goes to my ex. Mia social worker here saw the children 6 times and all Postive re my care and their wishes to stay with me. Eldest disclosed dad last twisted his arm at last contact. the fact find proposed is based on father alleging I'm grooming the children l, it would appear. The Scottish know what is happening but my solicitor states I need the case transferred here. Final contact orders following request to vary were made 24 August 2015 so according to W-B case the jurisdiction should be here fromThen on ?
Expert:  Clare replied 1 year ago.

For clarity - the children live with you in Scotland?

Customer: replied 1 year ago.
I got sole residence on 4 October 2013 at Rcj no care orders (application was made by Sutton in Surrey for a supervision order because of acrimony as they ignored the domestic abuse) findings were made against him quite late into the proceedings. No order for contact with father he withdrew from
Proceedings having been found not to be taking medication for paranoid schizophrenia (my argument all through. I never said he could by have contact but concerned about safety) last contact children assaulted in Feb 2013. I got permission at Holborn to move to Scotland on 4 Nov 2014 at a first hearing where he sought to renew contact because I was going. Judge Oliver made contact orders 24 Aug ignoring domestic abuse (direct hand overs after 3 unsupervised sessions at contact centre. The 23 August hearing is rev jurisdiction but I currently have no representation and judge ordered 4 day fact find hearing for Dec as ex is making allegations against me - as a single parent and with no income they are making this impossible for me as I can't go to reading (by phone at present)
Expert:  Clare replied 1 year ago.


So the hearing on 23rd August is actually to determine where the case should be heard?

Customer: replied 1 year ago.
bit given the Judhe decided to list a case for a fact find hearing of ex raising allegations against me and what is cited in the family law act' that divorce proceedings are continuing until the children are 18' I think he's determined that it will stay there as he's held onto the case and keeps make orders such as my disclosures and what I believe should be privileged information between me and my solicitors or proposed solicitor ? What action do you think I should take re the data protection disclosures ? The problem seems to be that my eldest raised to the Scottish worker that his father twisted his arm and both childten are refusing contact. The second is surely this interpretation of the family law act can't mean the carlsexstats at reading forever ? Surely Scotland is the best place ? Worryingly the disclosure is not equal and should be in the interests of justice ? Do you gave enough detail now to make an assertion ? Thanks
Expert:  Clare replied 1 year ago.

What exactly have you been ordered to disclose?

Customer: replied 1 year ago.
My disclosures to Scottish solicitor and English (who had been trying to get my legal aid) re police what has happened what is disclosed, Mia involvement, the court proceedings in Scotland - position exactly what is happening, and allegations made re the children. NYAS counsel was told by MIA that police referred due to their concerns of domestic abuse to me but this is not what the legal counsel said in court. Mia (like MARAC in England) has provided letter to me confirming the conversation and incorrect information was given to the judge which he seems to be accepting- I raised my concerns that NYAS counsel has topped off my ex re police involvement (I'd gone to them about his abuse of me continuing)
Expert:  Clare replied 1 year ago.

Which parts are you anxious about your ex knowing

Customer: replied 1 year ago.
My address etc and what I've told police who told me that they can't prosecute if the matters have been in court arena - only what has happened since and as courts have done nothing to stop the abuse - this means it could go on forever
Expert:  Clare replied 1 year ago.

When did your ex make this latest applictaion - and why Reading?

Customer: replied 1 year ago.
6 May 2016
Because the judge reserved future applications to himself I suppose - he doesn't live there. You are a solicitor aren't you?
Expert:  Clare replied 1 year ago.

I am and I am trying to understand why the Judge accepted this when the chidlren have been in Scotland for nearly two years

Did the Judge give any indication of why he thinks it is appropriate

Customer: replied 1 year ago.
Ok thank you. Sorry just had to read reconfirm as I'm giving out so much information. I really don't know but the judge was accepting my ex conduct fromThe start. Justice Coleridge did not issue a written judgement because of the acrimony and my ex not pursuing contact in 2013 but he made plain what should happen if the case returned to the court arena. It was reserved to him (if available) at RCJ. As you are aware he retired and having been told at same final hearing that my ex should consent to my move to Scotlabd I then spent a year trying to get him to agree at great expense. I reinstructed solicitors who I'm now not using as they don't so legal aid thigh she was good. The judge didn't allow me to participate in the contact hearings after June last year. I was in a car accident and provided evidence but I was refused access to hearings by phone or video link. Prior to the move I lived in Ascit which is why the case was transferred to Reading bit judge Oliver with respect is making very odd orders in directions hearings when my proposed solicitor was told I would not be disadvantaged as there would be nothing other than time tabling. I'm worried as its spooning out of control and my Solicitor here where I do have legal aid said he will pick up following the case transfer but it's listed 23 August and legal aid still not granted in england. Last non mol was issued 23 March 15 by Judhe Burgess at Reading as my ex was harassing me but one week later at first contact hearing with judge Oliver I was a LIP and he said I didn't needs Bon mol as the physical violence was historic. He's also made cost order of 4500 against me holding back funds which were owed to creditors- this is what legal aid challenged as last 14k was paid 5 May and all creditors repaid - he filed with court applications on 6 May served me few days later - i was given only 4 days notice and allowed to dial in by phone but only because my MP got involved with unfair hearing arguing I was being discriminated as no money or child care to go to Reading
Expert:  Clare replied 1 year ago.

Sorry - some confusion here ( I apologise)

When did the 2015 application conclude?

Customer: replied 1 year ago.
It says final order 24 August 2015 but separately my ex filed a residence application last August 2015- I raised proceedings here but my ex said to lord Brailsford at high court of session that he wasn't seeking residence only contact - he raised a motion for my imprisonment because the boys refused to go into the contact centre (they had their own advocate) the contact centre couldn't get them to go in either. Anyway digress that application he asked to be held over until January I understand otherwise would lapse. This is a NEW application filed 6 May 2016 at Reading. Important to note the father had made no further arrangements re contact and hasn't written to the boys since April - one of the boys birthdays.
Expert:  Clare replied 1 year ago.

Right - so there have been proceedings in Scotland already?

Customer: replied 1 year ago.
Raised residence last year but judge here said I already have residence order so don't need- these on hold as my ex making allegations legal aid stopped but was put back in place. Changed solicitors to more local one as Edinburgh 2 hours away / he said he wants case transferred abs will then luck up but not as easy as he thinks.....
Expert:  Clare replied 1 year ago.

There is no way that the children matter should be being dealt with in Reading when the children are in Scotland and have been for over a year.

When the Judge was asked this what did he say?

Customer: replied 1 year ago.
At first he refused when I sought permission to appeal saying NYAS established jurisdiction for the contact last year. My argument was as a lip that final orders for contact were made 24 Aug 2016. Judge Oliver responded that No orders are ever final. He refused permission for me to appeal but st subsequent hearing for directions I argued again and 23 August there is a hear g for jurisdiction
Expert:  Clare replied 1 year ago.

We have wandered away a bit - can I just check - what is the current position with regard to the release of your informtaion - has it happened or is it on hold?

Customer: replied 1 year ago.
I don't know! The judge issued the order saying I consented despite the fact I confirmed to everyone including the judge by email that I didn't consent and that they had tipped off my ex husband that the police were investigating his harassment of me
Expert:  Clare replied 1 year ago.

The first thing to say is that I can see no justification for the matter being dealt with in Reading given that the Habitual Residence of the Children is in Scotland.

This is indeed actually dealt with in case law in 2012 - the case of W-B (a child)

It is reported here

So I believe that the Jurisdiction issue is one you should win (or appeal if not)

With regard to the Order made regarding the release of information if the rleease of that information will put you at risk then it needs to be appealed

However if it is simply relating to informtaion that will be needed for the Fact finding then there is no point in doing so as it will have to be released at some point

If you need further details can you give me some idea of exactly what is to be disclosed