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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My ex-wife keeps making malicious referrals to social services

Resolved Question:

Hi, my ex-wife keeps making malicious referrals to social services about me. Each time she claims I have abused my daughter.
I have been to family court and I have a contact order in place.
I have never been convicted or found guilty of any of the allegations. I work as a nurse and I am not subject to any restrictions upon practice or barring.
My ex has now made another safeguarding allegation and appears to have roped in a teacher and a counsellor. This is the 5th time I have had to go through this process.
My question is, what legal options do I have to prevent this from repeatedly happening? The allegations are often gross distortions or blatant lies.
Can I sue for malicious falsehood as her statements are often recorded in the various social services assessments I have to endure.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you reported any of this to the Police please?
Customer: replied 1 year ago.
Hi, no I haven't as I did not know I could. My ex is very skilled at depicting me as a terrible person and convincing others that I am an angry and aggressive person. Once they start to question her account she moves on to another audience.
It has been six years since we divorced and she remains as unpleasant as she was when I left.
I am unclear if I can proceed with a claim against her. A lot is hear say, but her comments about me in various 'assessments' depict me in a very poor light.
I have found it very hard to prove I am not the person she depicts. People just assume she is telling the truth.
In family court I spent years proving I had not done what she accused me of. This was extremely hard work.Any suggestions or advice?
Paul.
Expert:  Ash replied 1 year ago.
If she is pursuing a course of conduct which amounts to harassment then you can report this to the Police. They can warn her not to make direct or indirect contact and if she breaches it they can prosecute her. Or you can seek an injunction yourself under the Harassment Act in the County Court and seek an injunction.
You would need to complete forms N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would list the matter for hearing and decide whether to grant an injunction. If the Court makes and order and she breaches it, this is contempt of Court which she can be warned, fined or sent to prison. The Court can make an order preventing direct and indirect contact of any kind.
In order to claim for malicious falsehood this is under the Defamation Act and you need to issue High Court proceedings and show you have suffered serious harm. These type of defamation cases are very hard and expensive to pursue.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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