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plclegal, Barrister
Category: Law
Satisfied Customers: 4899
Experience:  Barrister at law
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I would like some help please, my ex partner is taking me to

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Hi there I would like some help please, my ex partner is taking me to court about my children saying my current partner is violent to them but my ex partner is making false accusations, can you help me please as I’m worried he will try take the children from me permanently
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I haven’t done anything as of yet as my court date is feb 11
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Doncaster
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Basically it’s all because I won’t sign a divorce as I’m scared because I’m scared of him trying to take half of what I own once we are divorced and I was seeking help due to this matter so I haven’t signed the divorce papers until I know he won’t be allowed anything, also it’s all due to jealousy, social services are basically on his side as when I spoke my story she wasn’t interested
Hello there, I’m Jak and I can help you with the matters you raise. Is there any extra information you would like to add? Please provide as much as possible and I will get back to you this afternoon. Thank you - JB
Customer: replied 15 days ago.
Not that I can think of other than he has caused me stress since me and him split in 2015, also whilst I was pregnant with my current partner and I’m pregnant with twins and now getting hassle again
Customer: replied 15 days ago.
There is probably more information

Hello there, thank you for bearing with me, it's been a very long day indeed. Let me just go over the facts here and I'll outline my opinion.

Ok, so there are three main issues here, one the matter that your ex-partner is making false accusations against you and two you have concerns about signing the divorce papers and fear you may lose 50% of your assets to him. finally, you're worried that the children will be be taken out of your care. Please could you answer the following questions: what kind of action is your ex-partner taking against you? What exactly is he claiming? What evidence is he relying on? (there may be a case for defamation), have any of the allegations been made in a permanent written form such as on social media? Do you feel harassed by your ex-partner in what way (you may be able to obtain an injunction). In terms of divorce and assets, could you tell me how long you have been married, please? Have you written your account of events to the social services concerned?

Customer: replied 14 days ago.
He has said I can still see the children but my current partner isn’t allowed to be there, although previously social services and my ex partner has said my current partner is a good parent to my children, apparently the children said it to him but I know 110% my ex and his partner can twist things around very easily, what it is too my child (to my ex) had marks on his neck which I noticed when I bathed him Friday (the day they came to my house) he said he didn’t know where they came from but all of a sudden there saying my partner did it which is all lies my ex said my partner strangled him but there only lines on his neck not strangled marks plus I wouldn’t allow this, he did message my partner about the divorce and said everything is going so well the last thing I want is anything to happen with the boys, why did he say that when he was talking about the divorce , we got married in 2014 and split up in 2015 social Services arnt interested in anything I have to say basically
I’m really sorry about this, I’ve become so busy, rather than keeping you waiting I will free this up and another lawyer can jump in and advise you ASAP!

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I will come back to you shortly with a response.

If your ex partner is making allegations in the family court about your current partner, then if they insist on pursuing this, there will be something called a fact finding hearing to ascertain whether there is truth in the allegations or not. The court will decide if your new partner does pose a risk and if so decide on the best way forward for contact. Presuming you can prove that they are not a risk and this is all fabricated, then this would be the end of the matter in terms of restricting contact.

How old are the children that you have with your ex partner?

What is the current contact arrangement?

When were these allegations made - before proceedings started or very recently?

Regarding your divorce - you were married a very short time before separating obviously.

What assets are you talking about here?

Customer: replied 13 days ago.
How can I prove to court my partner isn’t violent against my children and that these are just false allegations as I wouldn’t allow any of this especially due to me having another child to my current partner and pregnant with twins, they seem to give me stress when I’m pregnant my children are 6 and 8 I was due to have my children on the 10th jan me and my ex partner agreed that I can have on that date and agreed my partner could come with me due to me can’t drive due to pregnancy problems my ex agreed on this on Wednesday I think it was but next minute they rang social services saying the children doesn’t want to come although we all agreed I’m not allowed to see them till court date but was seeing them fortnightly they have only just started saying things but in the court papers they said September but everything was all good and happy in September I own my own business Only recently started but scared when it picks up he would be able to claim half of the money

1. the burden is not on you/your partner to disprove the claims, the burden is on your husband to prove the allegations are true. If you have evidence to the contrary to strengthen your case, that's great. However, if he can provide no evidence, then you/your partner have what is known as 'no case to answer'. 2. in terms of your personal business assets, you have a strong chance of being able to demonstrate this is completely separate from the marriage. Is it a ltd company? In this case, you should be able to persuade the family court to impose a financial order that keeps the business separate from assets to be distributed, generally only the marital common property (including cash), will be split 50/50 following the 'yardstick of equality', but in some cases, a financial order can be made to split this unequally, e.g. if one partner takes on responsibility for bringing up the children, or can demonstrate in some way that a portion of the assets was not part of the marital property.

You can rate my initial response, this will mean that the question stays with me and any subsequent follow-ups will be answered more quickly. It also means that Just Answer will pay the expert for their time, otherwise, they retain it until the customer rates.

Customer: replied 13 days ago.
There was marks on my youngest neck at the back, like 3 scratch marks I asked where these came from and he said he didn’t know and my ex partner said my partner picked him up by the back of his top but I was there and he picked him up like a baby not by his t shirt as these marks was already there, I said to my partner ‘if someone is picked up by the back of there shirt the marks would be at the front of his neck due to the top pulling from the back’ my littles one do lie and my ex partner is easy able to twist words as my children have lied to me previously I just don’t know where I stand in this matter as there was marks but not strangle marks as like I said my partner only picked him up normal not by his tshirt they looked like 3 scratch marks I can forward you the image
Hello, again, no need to provide any images. I don’t think your ex has compelling enough evidence based on the facts you’ve provided me, but be aware I can’t say for certain what a court would think about that matter and it would be unprofessional for me to do so!
If you rate me, this will stay with me, and I can answer your follow ups quickly. Best - JB :)
Customer: replied 13 days ago.
what happens if the court thinks the marks are from my partner when in fact they arnt ? How can I fight against a judge ?

Thanks for your patience and apologies for my colleague jumping in and out of the conversation, I appreciate it's confusing when they said they couldn't help you!

If the case goes before a judge, and they have all of the evidence to look over, they will make a decision on the "balance of probabilities" which means they decide which version of the facts they think is more likely to be true. It's not like a criminal case, when they have to decide beyond all reasonable doubt.

But, even if the judge decides they think your partner did cause the marks, that's not to say you would not have contact - in many cases even with findings against someone they go on to have good contact - it's about whether there is any ongoing risk to the children and if there is a risk, how this can be managed.

So it's not going to be the case that if this goes against you/ your partner (and to be clear the allegations are very minor anyway), that you would not still have a fair amount of contact.

I hope this reassures you.

Do let me know if I can clarify anything,

Customer: replied 13 days ago.
The social services asked me if I could see the children alone without my partner been there, but I’m unable to drive to collect the children due to pregnancy issues and me collapsing, am I wrong in declining what the social services as asked? Also on my paper work from court it asks if I have been in touch with a solicitor what do I put for this

You haven't instructed a solicitor yet, we are just here for general advice and are not working for you directly.

If you have been asked to have contact on your own but have issues with the logistics there has to be a way around this.

Is you partner able to drive you? Did you ask if social services were able to help with transport?

Customer: replied 13 days ago.
It will be hard for transport due to me having a 8 month old and carrying twins who will be arriving soon after the court hearing apparently my ex doesn’t want my partner there at all, my mum can’t drive me as there isn’t enough room in her car for 3 car seats never mind when the twins arrive

As I see it your ex cannot dictate how you get to contact, and cannot insist that your partner does not take you.

Customer: replied 13 days ago.
But how would the judge see it

Oh - the same - your ex cannot dictate how you are transported to contact!

Customer: replied 13 days ago.
This is the marks that was on his neck that was apparently done from been strangled from my partner

OK - I cannot give an 'expert' view on a photograph, nor a guarantee as to what a judge will see in the photo, but if I were arguing this in court I would say that they are nothing more than scratch marks and not proof of physical abuse.

Customer: replied 13 days ago.
Exactly what I thought, but how do I fight it if my child has lied and said my partner did it

My view is that even if the child is saying your partner caused these marks, the evidence does not stack up to the allegation. So perhaps they are being coached by your ex to say this.

is impossible to say how these arguments will play out in court.

Customer: replied 13 days ago.
That’s exactly what my ex does, he’s good at putting things in the children’s head, it’s like he’s trying to make them dislike me

It's a surprisingly common tactic, I have to be honest.

I hope this has assisted.

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

Customer: replied 12 days ago.
Thank you, I’m just wondering how would I cancel my subscription?

Of course. If you could rate for me I'd appreciate it.

You can either contact customer services here: http://ww2.justanswer.com/en-gb/help

Or follow the link here to turn the subscription off manually: http://ww2.justanswer.com/en-gb/help/how-can-i-cancel-my-subscription

You can come back to us at any time if you do need further assistance.

Kind regards, Peter

plclegal, Barrister
Category: Law
Satisfied Customers: 4899
Experience: Barrister at law
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