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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70125
Experience:  Over 5 years in practice
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spouses estranged ex has falsely accused me of hitting his

Customer Question

my spouses estranged ex has falsely accused me of hitting his children. What can i do to stop him doing this. He is vindictive, violent and generally unpleasant. He has no legal rights regarding the children as court granted full parental rights to my spouse following a violent marriage followed by a unfounded accusation of sexual abuse made to another member of MY spouseS family, as well as kidnap of children. This man is a very manipulating controlling violent lair. He has now accused me of hitting the kids, which i have never ever done. Is there anything i can do about this, legally?

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

To whom has he made this allegation?
Customer: replied 4 years ago.



He made this accusation this morning over the phone to my spouse.


Expert:  Jo C. replied 4 years ago.

And to your knowledge has he repeated this to anybody else?
Customer: replied 4 years ago.

Not that i am aware of, other than his spouse and i believe he was in front of the kids. He also threatened to phone the police. He has done this before regarding at total fictitious sexual allegation on other member of spouses family. This was an attempt to gain superiority in getting sole custody of children. The judge was discussed with the lengths he went to, and only allowed access at my spouses discretion.

I worry about this allegation as i mentioned, this man is extremely vindictive and manipulating.

Expert:  Jo C. replied 4 years ago.
Yes, I do see that.

However, there isn't much that can be done at this stage. This isn't defamation because he only made the allegation to your partner and anyway defamation isn't really an accessible action for most people because of the huge cost.

I suppose it could be a malicious communication possibly. The risk of making a report though is that it would encourage him to make a report and given the natures of the respective allegations his will be taken more seriously.

Of course, he might do that anyway and then you would have to defend it. The fact that he is making this allegation does not mean that it would get anywhere. If he does phone the police then they will have to investigate it but unless one of the children support this allegation its difficult to see a case.

On the main point of your question though, you can't get an injunction to stop him making false allegations. That is something he shouldn't be doing anyway.

What you have to do is deal with the allegation and then consider your options afterwards.

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