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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34873
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 have been taken to court and investigated by social care,

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I have been taken to court and investigated by social care, caffcas and the police over allegations my ex partner has made against me regarding our children. After two and a half years of court and police investigations no action has been taken against me by social care, Caffcas or the police.Myself and my current partner have spent thousands of ponds on solicitors fees, court fees and have lost wages to attend court.
Can I sue for loss of earnings and defamation of character?

Thank you for your question

My name is Clare

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

For clarity - all of this was within Children Act Proceedings?

Customer: replied 1 month ago.
Hello
Yes it was.
My ex has made many accusations against me over the last two year and due to the nature of her accusation they were investigated and I have not been able to see my children for over a year now. Now at the end of it all no one (social services, Caffcas or the police) are taking any action against me and have stated that there is no evidence to prove my ex’s allegation. Social care were happy for me to see my children a year ago but my ex pushed for a police investigation and made up more accusations after social care had compleated their investigation meaning the case was passed on to the police.
I have had my name dragged through the dirt, my children and my family have suffered at the hands of my ex and the financial side of it all has been crippling

Have you now got an Order for Contact?

Customer: replied 1 month ago.
Not yet. We are back in court on February 9th. When the police closed their investigation I wrote to the courts requesting the court date me brought forward (as the judge instructed me to do if the investigation was closed and no action was taken before the scheduled court date) (the judge had stated to me previously how concerned he was at how long this had been dragged out and how long my girls had not seen me for) however the judge has had to keep the date as February 9th as my Ex is claiming she has recently had surgery and would not be able to attend court before the 9th

I am so sorry but you cannot take any action against your ex in terms of the accusations that she has made

This is because it was all within the private Children Act proceedings - and this means that there was no public Defamation at all.

You may however be successful in asking for a Costs Order within the Court Proceedings based on the way that she has conducted the process.

I am sorry not to give better news - please ask if you need further details

Customer: replied 1 month ago.
I do have evidence that she discussed the accusations and case outside of the privat family court (text messages she sent to friends involving the allegations she made against me) does that make it public defamation?
Yes can you please tell me a bit more about a Costs order?

No I am sorry it doesn't amount to anything you can successfully take action on - and trying and failing will just give her more power

However from what you have said she has not behaved well in terms of the progress of the court case and you are entitled to ask for a 'wasted costs"order.

Customer: replied 1 month ago.
Ok I understand that.
Thank you for your help and advice, it is greatly appreciated

You are most welcome - it is an appalling misuse of the process

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
You are not the first person to say that and I doubt you’ll be the last

I suspect not