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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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what can we do about someone

Customer Question

what can we do about someone who has obtained legal aid by telling lies.
what can we do about someone who has used her son of 5 years of age to obtain payday loans and other debts.
what points of law can we use to fight this person on many fronts.
she is a compulsive liar.
We have judgements about other debts.
We have tried the fraud sqad regarding using her son to obtain loans.
we are instructing solicitors about legal aid in connection with access to the children but everyone seems to be listening to her lies.
we are at our wits end.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question and what you would like to know
Clare
Customer: replied 2 years ago.

My son is taking his soon to be ex wife to Court for access to his two children 5 & 9, he is living with me and has been for over 3 years, he is doing this privately as he does not qualify for Legal Aid, although he is on Disability Living Allowance and ESA as a result of his breakdown. His wife has applied for Legal Aid through lies, and got it, she is living on benefits, in the house that is part owned by my son, and the DWP pay the mortgage, she works part time, lives with a boyfriend who is also on benefits and works as a bouncer in a local night club.

How can we use the law to cancel her LA Certificate as it was obtained by telling lies.

The second part is that she has fraudulently taken out loans in her son's name and obtained money by fraud he is 5 years old, this was reported to the Fraud Squad and they have informed us that they can do nothing except when he is 18 he will already have a bad credit rating.

How can we take her to Court over this fraud, obtaining money in the name of a 5years old.

My son does have a family lawyer and is paying privately with the help of me and his girlfriend so money is going to be tight.

Customer: replied 2 years ago.

Sorry about this e mail as well.

It's just that her statement she has sent to the Court is packed with lies and it is making my son appear to be an absolutely horrible father, but he has worked hard worked long hours just for his family, and she written lie after lie even the Cafcass report was packed full of lies, and damaging to my son, she claims to be suffering from post natal depression, but no GP report has been requested, as she had depression before my son married her, she has been on anti depressing pills for years and years, also her bully boyfriend has been charged with assault on his wife and two police officers, he also had a drink problems yet none of this has been written into the report. I know my son has overcome all his problems. He has produced all the reports they requested, but none has been forthcoming from her and her boyfriend, we are feeling that no one is listening to us.

Expert:  Clare replied 2 years ago.
Hi
Has a full CAFCASS report been ordered?
What contact has CAFCASS suggested?
Clare
Customer: replied 2 years ago.

Cafcass have recommended exactly what my son has asked for the children every other week, share school holidays, telephone calls Monday Wednesday and Friday', he picks the children up from school on Friday, takes them back to her mother's on Sunday, they are aware that the children are always crying and upset on Sunday's when the children go back because they want to live with their father, they do not want to live with their mother, this she has denied but she never picks them up from her mother usually until Monday night from school, her mother also wants to change this arrangement to take (some of the pressure off her) bearing in mind the traffic on the M25 can be very unpredictable on Sunday's and he has returned sometimes at 5pm instead of 4.30pm. He has had the children for 3 weeks during the summer holiday took them to a caravan holiday for a week, and will probably have them during half term in October. The final hearing is October 16th, but she has already changed these arrangements on her statement to the court, because she now wants the children dropped off at the end of her road, (the boyfriend has already threatened to beat up my son, and has said by txt he will set fire to their flat) she has already disconnected the email she let the children use to speak to their father, and has terminated all ways and means of my son trying to contact them by e mail, skyp etc..he has never been given an emergency number in case anything happened to the children he had no means of contacting her. What sort of a mother is this who uses her son's name to obtain loans, I think my son would be happy with the arrangements he has made, but I think over the past few months since he started court proceedings she is beginning to show how nasty she really is mean, jealous and I think he would like to have the children permanently either full custody or joint custody. Cafcass interviewed both the children and the results of these are very sad indeed as the girl of 9 wants to be loyal to her mother, but is torn between her father and mother, but the boy of 5 (6) today does not want ever to go home and live with his mum and her boyfriend. The boyfriend has a police record for assault on his wife and two police officers, and a drink problem but Cafcass wrote in their report that this was not a threat. My son did have a breakdown, and did start to drink, but all of the reports that were ordered by her solicitors, from DIAS, the GP and Probation (he was caught drink driving) have come back glowing he has over the past 18 months got his life back. Her statement to the Court is very damaging and nothing about her boyfriend and his problems and her problems with her depression she has had for years, and the times my son took the children back to the house only to find she is nowhere to be found taken them back to their flat in Cobham from Croydon only to have the police turn up on the doorstep she has accused him of taking them. Everytime anything goes wrong for her, she calls the police, and not once has social services ever been called. He is beginning to feel that the court are only going to listen to her and he is about to lose everything, she already lives in the house, gets all the benefits, and is trying her best to damage him, he is about to give up.

Expert:  Clare replied 2 years ago.
Hi
When is the next hearing?
Clare
Customer: replied 2 years ago.

16th October 2014

Expert:  Clare replied 2 years ago.
Hi
I do understand how dreadful it is when you get the statements made by the other side.
However from what you have said in fact CAFCASS have not believed his ex and are instead backing your son.
His ex will now face a problem with her Legal Funding - as it will not be extended to cover a final hearing if she does not accept the recommendations of the CAFCASS report.
I am afraid that her allegations of Domestic Violence were sufficient to entitle her to Legal Aid and there is no challenge that you can make to this.
Although her allegations are set out in the CAFCASS report - they have to be - that does not mean that they are believed.
At this point your son should stay calm.
The order which will be made will be called a Child arrangement order - to make it clear that the parents are sharing the care of your children.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
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 2 years ago.

Thank you very much for the advice it has helped me to try and calm my son down before the Hearing.

The other matter is what can we do about her taking out loans and getting into debt by using her son (6 years of age) to obtain these loans it is now over £800 and one of the loans has now a judgment against it.

Is there anything we can do and who can we contact regarding this matter, we have spoken to the loan companies but under the Data Protection Act they wont speak to my son. We contacted the Fraud Squad but have been told they can do nothing.

Expert:  Clare replied 2 years ago.
Hi
Please do not worry about this - it will NOT effect the child's financial credit rating when he turns 18.
Write to all the companies with a copy of his birth certificate and let them decide what to do next
Clare
Customer: replied 2 years ago.

Yes I am satisfied and would like to add a bonus, but my PC is not coming up as 'locked' and I feel vulnerable just letting you take money from my credit card, if there is another way of paying then I will be happy to use it, but it has to be a locked site.

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