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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6617
Experience:  Barrister at law
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I am currently going through my divorce and just on with the

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Hello I am currently going through my divorce and just on with the finances but my ex-wife opened a police investigation into me and money from my business partnership with the ex-wife. My solicitor is now saying "I should not be acting in the finances with the police enquiry ongoing as I was at serious risk of misleading the Court." But does this mean I cannot get legal representation going forward? I thought you are innocent until proven guilty. I emailed the police officer dealing with this last year around September 2019 and they started there investigation September 2018 and goto know update. What am I suppose to do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: All papers filed just need to do section 25
JA: 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
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes in the ongoing children's case the child has been put into my care due to my ex-wife's ongoing behaviour. There is a Special Guardianship order been put in place by children services. It is becoming apparent that the child will remain in my care. Also, my ex-wife still lives in the former matrimonial home and me and my son live in rented accommodation, and I still pay the mortgage on the house.

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 look over this and come back to you shortly with a response.

OK. Is there something specific that this solicitor knows but has been asked or told not to disclose to the family court?

Customer: replied 2 months ago.
No nothing, I have disclosed everything.

OK, then this is slightly odd. Have you asked your solicitor for clarification as to why they feel they would be misleading the court if they continued to act for you?

Customer: replied 2 months ago.
This is what I got "The barrister was very definite last year that I should not be acting in the finances with the police enquiry ongoing as I was at serious risk of misleading the Court. As far as I am aware the police enquiry is still ongoing which means I am still in the same position."

Are they acting for you in the criminal proceedings too?

Customer: replied 2 months ago.
I have not been questioned by the police or asked to attend a police station and this so-called investigation will have been going on for 21 months, is there a time limit the police. In answer to your question, I have no criminal proceeding's.

OK. And presumably there is no teeth to the allegations that your ex wife has purportedly made?

Customer: replied 2 months ago.
She asked me to withdraw funds from the company and invest them. I set a trading account up in my name and moved funds to it and traded with a broker. After I found out it was a scam and lost the funds. I reported that to the police buy some guy is probably sat in the cayman islands having a cocktail at my expense.
Customer: replied 2 months ago.
I set the company up and used my house as a guarantee. She is not on the mortgage of the property but still lives in the house. Our son lives with me in a rented property. After she attacked the police and local authority and the court have put him in my care.

OK, so I may be missing something here, but you have reported the scam to the police - why are you being investigated?

Customer: replied 2 months ago.
My ex-wife is now saying i did it without her knowledge or consent

OK. I suggest you speak to another solicitor and you will find one with the link here: https://solicitors.lawsociety.org.uk/

I'd also push the investigating officer for an answer as to whether the investigation is still ongoing or if they have decided to take NFA.

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