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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am wanting to know if a case can be made against my partners

Customer Question

Hi, I am wanting to know if a case can be made against my partners soon to be ex wife? They have a daughter together that my partner loves more than anything but over the past 18 months it has all gone wrong. They have been split up for many years and his daughter, who is now 11, was very used to seeing her dad once every other weekend and for a summer holiday with him. She loved him and coming to visit him and I saw this on several occasions. Then my partners wife stopped contact as his daughter no longer wanted to see him so we went to court. Both the court and cafcas has reported that his wife has brainwashed his daughter and exposed her to adult context for example, 'your father doesn't pay for you' your father cheated on me that's why we broke up' not only has she damaged her daughter by exposing her to these situations they are lies. The court only is interested in repairing the relationship between father and daughter instead of addressing the faults of the mother. My partner has gone along with exactly what the courts have suggested and the situation has got worse over the past 18 months. Cafcas have said there is nothing more they can do. Do we have a chance of custody?
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Are court proceedings on-going, and has there been a previous order made regarding the child arrangements?
What he is doing to the child amounts to emotional and psychological abuse and CAFCASS should be referring to this in their reports so that the Court is aware. Such concerns can influence the court's decision on who the child should live with.
If no court proceedings are on-going, then she will need to pursue a new application for a child arrangement order for the child to live with her, and raise these allegations as concerns.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for 30 years.Sadly you are right - the reason for the problem (parental alienation)is rarely addressed at all.When did your partner last see his daughter?What are the school saying about her?What "Contact activities" have actually been tried to date?