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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33951
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If a solicitor takes it upon himself to instruct the mother

Resolved Question:

If a solicitor takes it upon himself to instruct the mother of a child to prevent the father from any form of contact with the child, is the solicitor guilty of violating the father's human rights?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I normally had agreed custody of my daughter (then aged 12) from 9am sat. till 8pm sun. This was a suitable arrangement as I worked overseas Monday to Friday and operated fine for about a year or so. The mother then began to fail to take custody back on Sunday evening and could not be contacted. With no other relatives or suitable persons to leave the child with I presented ourselves to the local police station in order to locate the mother. Remember I had to get a flight in the early hours of the next morning.
The police cautioned the mother about her behaviour and the mother duly went to a solicitor to complain about my actions. The solicitor then wrote to inform me that he had instructed the mother to prevent me from any form of contact with my daughter and suggested I seek legal advice.
I took the matter to court and was granted immediate custody of my daughter with a residence order. Nevertheless I feel my human rights may have been violated by the actions of the solicitor and wonder do I have a case to sue the solicitor for costs incurred in getting back contact with my daughter?
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
No I am afraid that the Solicitor did not breach your Human Rights.
Individuals cannot breach anyones Human Rights - only Governments can and do do that.
The solicitor gave advice based on the version of events given by his client - that is what he is required to do - and all too often, as in this case, a solicitor discovers that their client has not given the whole story
i am sorry not to give better news - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33951
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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