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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I recently took my ex-wife to court (she was planning on moving

Customer Question

I recently took my ex-wife to court (she was planning on moving to the Lake District that, in my view, was not in the best interest of my son who is disabled) and was granted a prohibitive steps order pending further detail.

She provided detail, from my son's school, that indictaed all would be well and a long term dialogue had taken place covering all of my concerns. I, as a result, dropped the prohibitive steps order.

I have subsequently discovered that the letters were written 'to order' and back dated to give the impression that this dialogue had been on going. The principal of the school wrote them the day before the prohibitive steps hearing. I have proof - but am unsure what steps I can take.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Had you spoken to the School prior to issuing the application - and are you now happy with the arrangements for the move?
Claire
Customer: replied 3 years ago.


No I did not contact the school - all very last minute. I'm not happy with the move - but 6 months have passed and so I feel that 'trap door' has closed.

Customer: replied 3 years ago.


No I had not spoken to the school.


 


I'm not happy with the move - but 6 months have passed - so my view is more harm would be done by reversing (?) - that said I'm not happy about documents presented to the judge being fabricated and back dated.

Expert:  Clare replied 3 years ago.
Hi
Do you mean that the school backdated letters for her convenience?
Claire
Customer: replied 3 years ago.

Backdated - yes. and the letters written to order entirley for her convenience - it is a private special needs school, the principal has no educational qualifications.


 


I have 100% proof of this as an email dialogue that has recently been discovered.


 


Rob

Customer: replied 3 years ago.

Second attempt!


 


The letters were written the day before the hearing and backdated to March, April and early July.

Expert:  Clare replied 3 years ago.
Hi
Is this the school he was leaving or moving to?
Claire
Customer: replied 3 years ago.

The school he was leaving. My ex-wife is friends with teh principal.

Expert:  Clare replied 3 years ago.
Hi
Are you in contact with the new school?
Claire
Customer: replied 3 years ago.

Indeed. My son has settled in well, as far as I know.


 


Rob

Customer: replied 3 years ago.


Hi Claire,


this connection appears sporadic!


 


I am in contact with the new school - but it is 4 hours away and I've not much to go on. My father died just after the move so I've been taking care of my mother etc.


 


I appreciate there is probably little I can do to re-address the move - but am not happy about the letters being presented and them being fabricated and post dated.


 


Rob

Expert:  Clare replied 3 years ago.
Hi
You are correct - there is nothing you can do in terms of reversing this move - however you need to ensure that you keep all the evidence so that is your ex applies for anything similar in the future you can show the court why you have reservations about any of her evidence.
You can however make a formal complaint about the behaviour of the School head - to both the Board of Governors and to Ofsted
Claire
Customer: replied 3 years ago.


Hi Claire,


thanks for the response. My main concern is as to whether I had any way of taking up the fabrication of evidence which specifically lead to my withdrawl of my prohibitive steps order.


 


Not 100% on the terminology - but would this not constitute some form of offence? The letters were presented in court and were fabricated and back dated to address my concerns. I can't imagine the Judge would be impressed by such behaviour, or indeed the court system.

Expert:  Clare replied 3 years ago.
Hi
The issue is what would it achieve in terms of changing the current situation - and that is nothing.applying
This being the case there is little to producing this evidence to the court now.
Claire
Customer: replied 3 years ago.


So I just have to take being cheated and do nothing?


 


I have not seen my son in 6 months. As you can imagine I am somewhat agrieved, especially in light of how the move was justified. Maybe a change to the situation is not likely - but I would like some form of recognition as to how my, and my son's, position has been adfversely affected

Expert:  Clare replied 3 years ago.
Hi
Was contact not dealt with within the order?
Claire
Customer: replied 3 years ago.

Indeed - but I cannot drive 4 hours collect my son drive 4 hours back and then repeat again in a day. I cannot have my son at my house it is not adapted for his needs. I also cannot afford the costs.


 


My ex-wife simply has to make him available. So I'm stuffed as she always says he is.


 


Back to my question.


 


So I just have to take being cheated and do nothing?


 


Rob


 


 

Expert:  Clare replied 3 years ago.
Hi
Have you looked into respite care facilities where you could stay with him?
Or seeing him two days running and staying in a B and B in between?
(forget the b and b costs there may be a way around that)
Claire
Customer: replied 3 years ago.

 


Back to my question.


 


 


So I just have to take being cheated and do nothing?

Expert:  Clare replied 3 years ago.
Hi
If you answer the question I can see a way of using it to your advantage - would you like to know more?
Claire
Customer: replied 3 years ago.


Not sure which question... !


 


my view is that I have effectively lost my son, he's 4 hours away - and my current commitments (work & family - my father died last August so my Mum needs looking after & I have another little boy who I need to see) do not avail me the time to see my children, the journey and staying over etc are just beyond my reach (sorry if I appear impatient) - having been backed into a corner I just feel that the actions that put me in this situation should be at least brought in to the open, and (apologies if this sounds vindictive) those responsible should be held to account.


 


I have dwelt upon the aspects for nearly 6 months and just need to know what courses of action I have.


 

Expert:  Clare replied 3 years ago.
Hi
I do understand your concerns - and if you had been able to stay away overnight near your son then you could have used this information as a way of revisiting the issue of contact and potentially forced your ex to fund the overnight Bed and Breakfast once a month
However if this is not possible then your options are limited. You can certainly report the behaviour of the headmaster - and you can apply to the court to have the child returned on the basis that the false information made you withdraw your objections.
However realistically given that time has passed and your son is settled in his new home the chances of the move been reversed is remote - so there is little point in making the application other than to be able to bring the attention of the court to her behaviour - for which she may be reprimanded but nothing more
Claire
Customer: replied 3 years ago.

Goodness, a mere reprimand for fabrication of evidence.


I was first advised to go to the police (by the LEA covering the school as they are chasing the headmistress over other aspects and have had a view of teh dialogue) but thought to seek legal advice as what would be best, XXXXX XXXXX likely outcome.


 


I would have acted earlier - but my Father died just as this was going on (sob story eh?)...

Expert:  Clare replied 3 years ago.
Hi
The police will not be interested in fabricated letters unless money fraud or blackmail is involved I am afraid
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Claire,


many thanks for your help - whilst my situation is very frustrating and upsetting your advice has made me take more time to consider all of the factors.


 


I'm kind of relieved that the fabrication aspect will not see my ex 'banged up' (which, despite all the nonsense) is not something I'd want.


 


Rob

Expert:  Clare replied 3 years ago.

Hi I can understand your dilemma - but you will be able to use this in the future - and sadly I suspect you will have to Claire

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