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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son's ex partner is accusing him of domestic violence and

Customer Question

My son's ex partner is accusing him of domestic violence and is using this as reason as to why she left the country to set up home in the USA, we had to take the case to court out their and the judge issued a return order for their daughter, the mother has decided not to come back with her but we have been told we then need to go to the courts here in the UK to ensure his daughter remains in the UK.
My question is what impact will these false allegations have on his case here in the UK?
Also before she left she apparently lodge a complaint with social services but told them she didn't want to carry it through and then left the country without us knowing she had gone
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.
How old us the child?
Clare
Customer: replied 2 years ago.

she is 8 years old

Expert:  Clare replied 2 years ago.
Hi
For clarity his ex is letting the child come home to live with your son and doe snot intend to come with her?
Clare
Customer: replied 2 years ago.

At the moment the mother does not intend to come with her, the return order issued by the US federal court states that she will reside with her father from the date returned to the UK until a further order of a court of competent jurisdiction in the United Kingdom

Expert:  Clare replied 2 years ago.
Hi
There will have to be a "Finding of Fact" hearing within the Uk proceedings to address her allegations - if she choses to repeat them.
This will have to happen BEFORE there can be a hearing about the long term arrangements for the childSo the only real effect is to add an extra layer to the proceedings
Please ask if you need further details
Clare
Customer: replied 2 years ago.

If she choses to repeat them and a finding of fact is initiated what will happen to his daughter will she still reside with him or will she be taken into care whilst the case is on going.

What time of evidence / exhibits would be require for the finding of fact

In your experience what is the time scale for this are we talking weeks or months?

Expert:  Clare replied 2 years ago.
Hi
The child will remain with Dad - and it is likely that it will be a matter of oral evidence only - and months rather than weeks
Clare
Customer: replied 2 years ago.

Sorry another question, she has been in the US since June 2014 and married in June 2014 (marriage of convenience), will she get legal aid if she comes back just to go to court as her intention is to remain in the US

Expert:  Clare replied 2 years ago.
Hi
She is unlikely to get legal aid at all - unless there is police evidence of abuse
Clare