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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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Hi Jo, My ex wife and my marriage was not rosy and we used

Customer Question

Hi Jo,

My ex wife and my marriage was not rosy and we used to have plenty of major verbal disagreements and she states in the year 2000 she went to her GP and was seeking counselling which I was not aware of at all. However in the year 2003 and 2006 2 other daughters were born.
My ex wife continued living with me then in 2008 ( March) I transferred the marital home and other assets in her sole name. Then when I got arrested in 2008 December she threw me out of the house. Confiscation took place in 2012 and all assets (£160,000.00) was given to the CPS despite my ex fighting it.
The children did say they would still like to see me (2010) and it never really effected our relationship but in 2012 after the confiscation all changed and they called me a liar and stated I should retract statement made about the mum at court which I never did.
There is too much history and acrimony in this case
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this?
Customer: replied 3 years ago.

I take it I can use all this in court if it gets to that stage. My partner will throw me out no way will she contribute to the stupidity of my children's allegations.


 


 

Expert:  Jo C. replied 3 years ago.
Thank you.

It is quite unlikely that you will be able to use all of this.

In principle, if the confiscation order was made as a result of your activity rather than hers then you would probably be able to introduce that is as it doesn't go to her bad character but may go to her motivation to encourage the children to lie.

The fact of the comments made to CAFCAS maybe admissible depending upon what they support.

What the court will try to restrict is a exploration of all of your relationship disputes. Of course, if criminal courts want to avoid that type of thing then the thing to do is to stop prosecuting domestics but there you have it.

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

Hi Jo,


 


I was abused as a child by my father physically and "sexually I think" (Historically). Although I asked police for advice / enquiries by means of phone but never reported the matter and was informed by the officer to go to the nearest police station which I never did


To be honest I was physically assaulted that I remember as I have marks on my back till now but cannot be 100% sure of the sexually assaulted its just flashbacks and I told the officer and they informed they were not experts and I should report it.


Can all this be used against me?


 


 

Expert:  Jo C. replied 3 years ago.
No, its got no relevance.
Customer: replied 3 years ago.

Hi Jo,


 


After all this is swept under the carpet is there anyway I can get a DNA on my 4 children as I am no longer in contact can I get a DNA test on my children?


 


 

Expert:  Jo C. replied 3 years ago.
I'm not a family lawyer so I wouldn't know.

If you ask another question in family section then I'm sure somebody can help with that.
Customer: replied 3 years ago.

Hi Jo,


 


I started work again in February 2014 of this year I was never paying child maintenance before. I am employed now and have had to provide my details and due to my circumstances changing I informed the CSA and paying maintenance.


 


Can this be used against me in the sex allegation case as to why am I paying now and not before? Could the prosecution use this against me?


 


 


 


 

Expert:  Jo C. replied 3 years ago.
What would be the relevance of that?
Customer: replied 3 years ago.

Hi Jo,


 


I do not know what the relevance that would be either. My life must go on.

Expert:  Jo C. replied 3 years ago.
Is paternity an issue in the criminal case?
Customer: replied 3 years ago.

Hi Jo,


 


No the paternity issue is not relevant in the case. Anyway I have 53 days to go now I hope they make a decision soon and I hope the truth comes out.


 


 

Expert:  Jo C. replied 3 years ago.
Thanks.

I wouldn't worry about this. Its got no evidential value so shouldn't be used.

Even if they do introduce it, it proves nothing.
Customer: replied 3 years ago.

Hi Jo,


 


So they can introduce it?


 


I got the job what am I supposed to do not accept the job and wait for this to finish then try to get a job it is difficult in getting a job anyway and why should my life be on hold as a result of these malicious lie.


 


I will be resigning if I am charged anyway because I will not be able to afford to pay my legal fees and I will not be entitled to legal aid.


 


 

Expert:  Jo C. replied 3 years ago.
Yes, but even if they do introduce it, it proves nothing.
Customer: replied 3 years ago.

Hi Jo,


 


How can they introduce it?


 

Expert:  Jo C. replied 3 years ago.
But calling evidence in relation to it. As with anything else. They have to call witnesses to give evidence.
Customer: replied 3 years ago.

Hi Jo,


 


who would the witnesses be? Its a employment and a job only.


 


 

Expert:  Jo C. replied 3 years ago.
Well, I suppose if you didn't agree it they could call somebody from the CSA or an employer.

I'm not sure what the point of requiring them to attend would be.
Customer: replied 3 years ago.

Hi Jo,


 


What do you mean by if I did not agree? What exactly are we talking about here why would they want to call the CSA or Employer please explain in full.


 


My question is can they use the fact I have started paying CSA now in the sex allegation case

Expert:  Jo C. replied 3 years ago.
Its really as I've said.

They are not likely to call this evidence because it proves nothing.

If they did want to introduce it then they could get a witness statement from whoever gives them that information and call them to give evidence if you were not willing to agree their statement.

Customer: replied 3 years ago.

Hi Jo,


 


What would be in their statement from your experience and knowledge?


 


Obviously they would get in touch with my employer which they can do if they wanted to and I do not mind that but I at the time of arrest I was not working and only started working after a month or so.


 


 


 


 

Expert:  Jo C. replied 3 years ago.

If they wanted to introduce this evidence they would just ask them to confirm that you were paying CSA and hadn't been before. Or to confirm whatever they can.
Customer: replied 3 years ago.

Hi Jo,


 


But I was not working before and the fact I am paying now is because I have started working now. So what is that likely to prove I was asked by the CSA this question and told them my Partner is supporting me.


 


So If I never paid CSA now after getting the job would I not be breaking the law? HMRC and DWP would have this information and this would be passed on to the CSA anyway so either way they would have got me if I never informed the CSA of me working again.


 


How can this be used against me? Can they use this against me?


 


 

Expert:  Jo C. replied 3 years ago.

I wouldn't worry about this. Its got no evidential value so shouldn't be used.

Even if they do introduce it, it proves nothing.