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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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Me and my partner do not have any relationship with his mother

Resolved Question:

Me and my partner do not have any relationship with his mother for numerous reasons. Some of his post was sent to his grandfathers house recently and she opened it all (very private information regarding our mortgage etc). I know it sounds petty but she is such an horrendous and vile human being I want to show her that she cannot continue to invade our lives and our privacy in this way. Should I report to the police? What realistically is the outcome of something like this. It was clearly addressed to me and my partner and I took a photo graph of the envelope before I actually opened it once passed onto me.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If the extent of this is that she opened post then the police will say it is no offence.
There is an offence of withholding post under the Communications Act but usually you have to show that the person acted maliciously with intent to gain for themselves. The other problem is that usually they just say that they did intend to pass the post on rather than withheld it forever.
Therefore, realistically there is not much to be gained in reporting this. It is one of those things which are anti social but doesn't amount to a criminal offence.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Ok thank you. She is a discussing human being. She gave up her own son at 7 so she could enjoy her social life and has recently sent us a solicitors letter threatning to take us to court over access to my children (that she has no relationship with because of her violent behaviour and terrible lies). I just wanted to let her know she cannot continue with this destructive behaviour and get away with it. I did though think it was an offence to open mail not addressed to you? Is that not the case then?
Expert:  Jo C. replied 2 years ago.
There is actually an offence covering that under S84[1] here
http://www.legislation.gov.uk/ukpga/2000/26/section/84
that is little known of. Usually the police will not be interested unless S84[3] applies.
Usually also the suspects just say it was an accident.
Customer: replied 2 years ago.
A bit off the subject but in the content of a Will can I exclude this woman from my children's life? I am adamant in life just as in death she should have no contact with them. Can I make this request via my Will? My partner is in agreement but obviously my own mother is worried that if anything should happen to me this woman will start fighting for access etc which I explicitly do not want.
Expert:  Jo C. replied 2 years ago.
I am not a family lawyer and wouldn't know anything about that I'm afraid.
You can post another question in our family department on that point. If you are on subscription then it should not cost extra.
Please remember to rate my answer.
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