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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a case regarding my 10 years old son since 2010. Cafcass,

Customer Question

I have a case regarding my 10 years old son since 2010. Cafcass, social services, guardian involved. On the hearing the Judge made an order stating which parent the child should live with for 4 days in a week and which parent the child should live with during the rest of a week.
Next day the guardian's, child's solicitor sent me the written order what was sent to the Judge for approval. I spotted, that the solicitor changed the order stating the child lives with one parent, and he just visits the other parent. Actually the solicitor stated that the child lives with that parent where the child spends only 3 days/week.
I made my concern straight away, and requested the solicitor to make the correction in the order, and send it again to the Judge for approval. They refused it stating that the Judge ordered as it was written. Next day they informed me that they do not change anything, cause the Judge approved it already.
I recorded the hearing, so I sent the recording to the solicitor. 10 minutes later they sent me the amended, corrected order and informed me that they sent ti again for a new approval. This time they changed and corrected the order how it was really ordered by the Judge.
They want to against me and threatening me with custody sentence, because I recorded the hearing.
My question:
1. How can I protect myself? (I done the right thing I know, they forged seriously and order from one day to the other)
2. What is the exact word or definition for this what was done by the solicitor changing , falsifying and order by the Judge? So on this way I would be able to state what the solicitor done breaching his rule.
OTHER:
A psychologist was involved to make an analysis helping to the Judge to make decision where the child should reside permanently.
In the report what the psychologist sent already to the Court,
1. the psychologist hides 3 very important information what the child complained and shared with him, what could lead the case to a very different direction.
2. The psychologist is lying that the child has broken down in tears when he was with him.
Of course I recorded the whole visit of the psychologist, and I can prove all of these.
My questions:
- what is the word or definition for the action of the psychologist hiding important information and lying?
- how and where can I against him for this, and how can I make it right?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I will do my best to help you.Recording the Court hearing is a serious offence and one which could well lead to a custodial sentence.You MUST write to the Judge immediately and apologise and say that you did not realise that what you were doing was wrong.Do NOT point out that it is a good job that you did - the hearing would have been officially recorded anyway and you could have solved the issue by asking for an urgent hearing.The word for what the solicitor did is "mistake" and you cannot prove otherwise - so do not try.With regard to the Psychologist your chance to deal with this was in the hearing by calling him to the stand and cross examining him . If you did not do that then the chance has passed.However since it is now public knowledge that you recorded things you should not have done you can if you wish send a copy of the recording to the Psychologist for his comments I am aware that this is not the news you wished to hear - but what you have done could cause you serious problems in the future and you need to minimise the fall outPlease ask if you need further details
Customer: replied 1 year ago.

Hello Clare,

Thank you for your answer, however I am very disappointed.

how is it possible under the law that a solicitor can officially break the law for purpose changing words and facts in a court order, but if an individual proves this cheat with a recording, it turns out as custodial sentence and serious offence? That is absolutely unfair and gives officially freedom to solicitors to cheat under the law? I am sure no one would agree with this, and I am sure there is something what stops solicitors to do so.

What is it? I know it is weird to ask it from a solicitor, but who else could I ask?

I understand your answer, and I will apologise, what else can I do then? Seems to me nothing has changed since middle ages...Power, king, queen and justice kills individuals with no rights.

Anyway ...

I did not tell to anyone that I recorded the psychologist's visit.

But I complained that he has been hiding very important information and lying about a serious thing. Of course I could prove it.

I called the psychologist, and he refused to answer any of my questions.

He said that I need to discuss it with my son's solicitor.

Why my son's solicitor - the same - is acting on a psychologist's side? It is very ridiculous.

After nearly 6 years, and 30 hearings I am not going to ask further more hearings just to ask the psychologist to stand out. I can not sleep for months, I have got stomach ache 24/7 for months, and I want to leave the whole world, it is more then enough ruining out whole life.

Honestly I would just simple take a music player to the court, turn on the recording, and let them listen that 1 minute what the psychologist is hiding.

Once I would ask him for to stand out it would be refused, not dealt with as I experienced it many many times.

Expert:  Clare replied 1 year ago.
HiI do understand your frustration.However remember the solicitor is just a human being - as fallible and selectively deaf as anyone else.Sadly we are also just as prone to stop listening to people we may view as a nuisance - please understand I do not consider any of this acceptable - but it is about realising that there is no conspiracy - just ordinary humanityHe did not record the Judgement correctly - it happens, and is one of the reasons why there are more "tick box" orders available for Judges to fill in - and why it is always always better to get a handwritten order approved by the Judge before you leave the CourtHowever the rules about recording Court hearings are there because it is too easy to tamper with recordings - which is why there is a double recording process in the Court recordings - and why you can always seek an Order that the recording is released for transcription by an accredited transcriberAll you can do at this stage is apologise - and sooner rather than later - so get the letter off to day and make it sincere and unambiguous - no justifications just sorry.In fact the Psychologist was no legally allowed to answer questions that you put to him in a phone call.All questions have to be sent via the lead solicitor appointed by the Court to deal with instructing the psychologist. However you were entitled to have him called to the hearing so that you could cross examine him.This is a matter of you not understanding the process because NO ONE explains it properly Frankly it can be frustrating to negotiate when you do understand the system - expecting individuals who are anxious and worried to do it is inhuman
Customer: replied 1 year ago.

Thank you. Sad.

This is waht I have sent then to the court minutes ago:


Dear Madam,



I apologise for recording the hearing. I didn't realise that what I was doing was wrong.


My son's solicitor and the guardian informed me that it was not allowed. The mistake


what was in the 1st version of the order could happen in any human mistake, and the seriousness of


it was not that important at all. The weight and the pressure is so great in our case, and in that


moment I was surprised about that mistake. I apologise for accusing anybody for falsifcation of the


order.

Expert:  Clare replied 1 year ago.

That is an excellent letter

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