How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 1 year ago.

she is 8 years old

Expert:  Clare replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Hi
She is unlikely to get legal aid at all - unless there is police evidence of abuse
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice