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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am going through a family case and am a domestic abuse victim.

Customer Question

I am going through a family case and am a domestic abuse victim. I fled to a refuge to escape ongoing abuse. Ex husband didn't like this and filed a case against me, citing me as mentally and emotionally unstable. Two particular hearings followed where my ex was granted contact with our son (which he had regularly prior to my fleeing to a refuge) and I was ordered to return to my then six year old son to the school he had previously attended. The judge did not believe me when I explained the domestic abuse, preferring to believe my ex's denial of any knowledge of abuse. (Evidence was later submitted to the court of his assaults upon five minors, four of them are my children). The ex husband made undertakings to the court to facillitate my returning to the former matrimonial home, should I decide to return and notified my ex husband's solicitors of my intention to do so. I did not want to go back to that abuse. The house is owned by my ex husband. My name was never put on the deeds to the house. I never owned nor part owned it. It was my ex husband's property. I refused to return. I did not want to live anywhere near him, my son had started a new school and intended to settle and choose a new home near his new school.
At the next hearing, because I refused, despite my clearly being given a choice in the wording of the order, a penal notice was attached to the court order, so forcing me to under threat of imprisonment to return to live on my ex husband's property and back under his control. I have since discovered that the judge has done something that is prohibited in law and has lowered my status to that of a serf by having me live in servitude, so changing my situation to such a point that I cannot change it. He cannot force someone to live on a property owned by another person. I was given no choice. I had to move back or I would have gone to jail and lost my son. I now cannot move out of the area, I cannot choose my own residence in a location of my choice away from this abusive ex. I cannot choose a school for my son and the ex is now creating problems as to which high school my son will attend in 2018. I feel trapped. Like I'm under house arrest. I broke no law. I have never broken the law. I just want to live my life where I choose. This case has dragged on since July 2013. I have studied law from law books and the web ever since to find a way to have my truth believed. I have my medical records which show I reported domestic abuse to my doctor and proves beyond doubt that the expert psychologist who did a psych evaluation on me, lied in his report of me, and further lied about me in his report on my ex husband.
There is a hearing today at 1pm. I want this case thrown out. I just need to know how to do it today. What has happened to me is prohibited under Article 4 - Prohibition of Slavery and Forced Labour. Specifically, Article 4.1: No one shall be held in slavery or servitude. Under Article 4.16, Servitude for convention purposes, what is prohibited is "particularly serious form of denial of freedom". It includes, "in addition to to the obligation to perform certain services for others (in my case, to keep the home in a sellable condition and carry out repairs and maintenance to the property), the obligation for the "serf" to live on another person's property and and the impossibility of altering his condition".
I know this is more of a legal issue, so if you cannot help me, can you pass this on to someone who can? Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
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 much is the house worth and how much is outstanding on the mortgage?
How much will an alternative two bedroom property in the same school area cost to buy?
How old is your son now?