How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Hello Claire, its Sean As you already know, I received the

Resolved Question:

Hello Claire, it's Sean
As you already know, I received the Police disclosures. I was looking forward to getting the transcript of the taped interview from 1994. It is not there, all there is, is a "summary" of the tape. There is not one single direct question about my sister's statement. I needed the full detail of the interview because I know for a fact that no serious allegations were put to me. What is alarming also is that they have named a Solicitor that was present at the interview. I know for a fact that I did not have a Solicitor present, because when the Police phoned me at the time, they said they wanted an informal chat with me. The voluntary interview form is here saying that I was not arrested, I could leave at any time, and that I did not have to answer any questions.

I have phoned at least 6 Solicitors in the Highlands and absolutely none of them has heard of this Solicitor. My sisters statement at the time is here and it is much much worse than her recent statement to my ex. Due to the very very serious content of her statement....I cannot understand why Police asked me only for a voluntary interview. One small part of this statement would be enough reason for immediate arrest. I do not know why Police have mentioned a Solicitor that does not exist!! I believe this Police disclosure is falsified for reasons unknown to me!!
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Please stop worrying - this happened a long time ago and it is unlikely that the tape was kept - nor that a full transcription was ever made.
Putting it bluntly this works for you rather than against you - at the time the police who investigated these "serious allegations" did not think the evidence stood up enough to take it further.
Equally the solicitor issue is simply not one - it was an error - either originally or in transcription - it happens and the court will read nothing into it at all
Claire
Customer: replied 1 year ago.

OK. the Police evidence was put to Department of the Director of Public Prosecutions. I have it here.


They replied "I direct no prosecution" "There is no evidence to support sisters allegations" "This is not a suitable case for prosecution".

Expert:  Clare replied 1 year ago.
HI
Excellent news!
Claire
Customer: replied 1 year ago.

Just wish I knew where all of this started from and why nearly 20 years later she wants to destroy my chances with my daughter, over something that never happened...other than the fact that I was seen as Dad's blue eyed boy!! Her and my evil brother hated me for this reason!!

Expert:  Clare replied 1 year ago.
Hi
Sibling jealousy is always a problem I am afraid
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Claire, I feel disheartened. My solicitor has read all the Police disclosures, statements etc etc and says that my sister appearing at Court will be a big problem for me! (unless she loses her temper).


I asked what my chances are regarding contact with my daughter and she said...."I cannot say" also your ex wife has heart failure and that would be in her favour if she said it would be too much for her to cope with, if you had contact.


 


It makes me think back to when I asked you "when would a Judge deny contact and you said something like "if it was too much for the Mother to Bear", and something else regarding the child?

Expert:  Clare replied 1 year ago.
Hi
Is there a medical report regarding her illness?
Is she well enough to care for the child?
Claire
Customer: replied 1 year ago.

Hi Claire, I haven't seen any medical report, just her statement that she has heart failure......and that she states that I caused it, which is rubbish because when I first met her she was always getting breathless and I sent her to my GP and they strapped a monitor on her for one or maybe two nights.
It was only when she was giving birth about a year and a half later that she had big problems and had emergency section due to pre eclampsia. From the birth she slowly got worse and when our daughter was 4 she had really bad heart failure and almost died.


 


She slowly got better and her heart pump action went up to 48% (normal is 55 to 65 %) The Consultant total us that it was a miracle as she was so ill and just hours way from the heart transplant list.


 


When she had heart failure the Doctor told me never ever to cause her stress because that would affect her heart badly.


 


The miracle improvement period to 48%.......is the very same period of time that she claims I abused her including choking her. I did no such thing and would not even argue with her....in case it damaged her and I would feel guilty. This is a point that I have raised with my Solicitor, because if I had been bad to her, her heart would certainly not have improved as well as it did.


 


As far as I know, she fine fine looking after our daughter. All I know is that the soles of her feet turn navy blue because of bad circulation. As we have been split up for more that a year....I don't know what her health is like at present.

Expert:  Clare replied 1 year ago.
Hi
I think your barrister is being pessimistic - which is usually fair enough but not coupled with your anxiety!
Your sister will not keep her temper and there is the issue of why the police did not go forward with it - and the fact that you were not living at home when she said you were.
There will have to be a medical report about your ex's heart if she wishes to argue that that should be a factor
Stay strong.
Claire
Customer: replied 1 year ago.

Hi Claire, I just received letter from ex's solicitor with index to trial bundle.



It has 99 sections!!! On reading through it there is a Police report from Brazil 04/06/2009 a letter from our GP 08/03/2013 (none of which I have seen) and attached is a very damaging letter from Parish Priest who never visited our home nor did he bother to visit ex when she was in hospital in 2008 with heart failure.


 


I have to go to solicitors office to pick up the bundle

Expert:  Clare replied 1 year ago.
HI
What do these letters say?
Claire
Customer: replied 1 year ago.


Hello Claire. Just took bundle to my Solicitor. So sorry but I over reacted a bit. The GP letter is actually the nice one that he done for me saying that I was under a lot of pressure representing myself etc etc. The Police letter is from Brazil it's in Portuguese so i don't know what it says.

 

The priests letter says that he is aware that I treated ex very badly throughtout marriage and that she is a wonderful person and Mother and that my behaviour affected our daughter (who goes to his primary school). This is complete rubbish and our daughter is always around the top of the class. I have her last school report here.

 

He goes on to say that I need treatment for manic disposition!!! Is he a Priest or a Doctor? Things being thrown at me from all directions as usual!!

 

The trial bundle is so big....because all of my stuff is in there also, which I was told it was because I was representing myself

 

Expert:  Clare replied 1 year ago.
HI
Thought so!
The letter from the priest is irrelevant - as it the letter from the police unless there is a certified translation
Claire
Customer: replied 1 year ago.

The letter from ex's Solicitor says to let them know if I want to add anything further to the bundle.


My good sister is doing another letter as to why she is terrified to be a witness for me.


 


My brother who is married to ex's best friend (this is the one who told ex all the stuff about what bad sister said) says that he will do a letter also stating that my bad sister has never ever said anything to him about me abusing her. He is also saying that his wife denied to him that she had said some of the things that ex has put in her statement.

Expert:  Clare replied 1 year ago.
Hi
Well in so far as she is putting in letters there is no reason why you should not do so!
Claire
Customer: replied 1 year ago.


Thank you Claire and we speak soon, Sean

Expert:  Clare replied 1 year ago.
HI
I am thinking good thoughts for you
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Claire, as you and I both know, all of this started when I refused to sign over the big house in Brazil. I was thinking of printing a letter with the address of it etc etc and making it like an agreement that both parties on the title deeds agree to sell the property and split the proceeds on a 50/50 basis.


I would ask my Barrister to present this to my ex in Court and see what her reaction is.


 


If she refused, would it look bad on her part?


 


What do you think?

Expert:  Clare replied 1 year ago.
Hi
I am afraid it is totally irrelevant so far as the Court is concerned and they would regard your bringing this up as frankly odd since as far as the Court is concerned the two are NOT connected and never can be!
Claire
Customer: replied 1 year ago.


Ok. Mediation was set up for approx 6 months. At very first meeting ex pulled out because I would not sign over house. Things got worse and worse from then onwards.

 

Can I at least mention that? And we were divorced on two year consent with no sex or physical abuse, then all of a sudden all the abuse allegations started

Expert:  Clare replied 1 year ago.
Hi
Yes you can certainly mention that as the beginning of the problems!
Claire
Customer: replied 1 year ago.


Can't wait to get back to Plumbing.....I'm not making much of a job at being a Solicitor!


 


Just about every thing has been thrown at me from all directions and I don't know how I'm going to cope during 29th and 30th April.

Expert:  Clare replied 1 year ago.
Hi Sean
You are doing great - much better than I would do if I tried to fix a tap!
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Tee hee! Nice talking Claire and we speak soon. Sean

Customer: replied 1 year ago.

Hello Claire,


 


My solicitors secretary just called and said that a conference has been called for Thursday afternoon.


 


I have to be there and she said my Barrister would be present and to bring photo ID with me.

Expert:  Clare replied 1 year ago.
Hi
That will be useful for you
Claire
Customer: replied 1 year ago.

Am I right in thinking that this meeting with the Barrister is to make her more familiar with the case?


 


My son phoned me on Saturday to say that ex's solicitor phoned his Mother ( my ex wife ) to ask if she would make a statement against me!!

Expert:  Clare replied 1 year ago.
Hi
Yes it is meant to make sure that the barrister has addressed any issues with you.
Your ex is clearly scraping barrels!
Claire
Customer: replied 1 year ago.

My son said that his Mum told him that solicitor had phoned her, but he didn't say when. He said solicitor already had some information about me. Probaly harrassment notice or injunction or something! I know I drank way back then and I can't remember much, except that I never was charged with anything.


 


My son said that his Mum did not make a statement and I haven't recieved anything from her. They really are throwing things at me from all directions since I wouldn't sign over the house and then much worse, when I took out prohibited steps order to make ex remain in UK, until things are sorted.

Expert:  Clare replied 1 year ago.
Hi
Then stay strong!
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Claire, I had long meeting with the Barrister on Thursday and went through everything. It's too much to print in here. Firstly she said that the Judge was wrong to allocate 2 days saying she needs 3/4 days as there are 9 witnesses. She asked ex solicitors for adjourment, but they said no. She asked for just the statements only, from some of the witnesses to save time by not calling all of them, they said no. She said she was very confused by the Police disclosures saying the allegations were very very serious and couldn't understand why I was called for a "voluntary" interview and that one line was enough for immediate arrest! She doesn't know why there is only a "summary" of the tape and no transcript and a named Solicitor....that was not even present! She said the letter from my GP was very good and showed that I have no mental concerns. She is not happy with the way ex's solicitor presented the case and said it was quite brutal. She said it was remarkable that I got this far, on my own ( I thought of you at this stage and how good you have helped me) She was very upset that my statements and my good sister's statement, were sent to my other sister and found it unbelievable that my bad sister then made a statement about my good sister's statement.


 


She then closed the big file and said " now if everything in this file was to stand up in Court, for which it will not......there is still light at the end of the tunnel.....and you will see your daughter". "likely it may be supervised".


 


She chose four of my witnesses. Late yesterday afternoon my Solicitors Secretary phoned me to say that the opposition do not want 3 of my witnesses to attend Court and named the one I have to bring on Tuesday. Monday is just me, my ex and my sister. I asked Secretary how many witnesses opposition were bringing.....but she said she did not know.


 


Kind Regards


 


Sean


 

Expert:  Clare replied 1 year ago.
Hi
I like the sound of your barrister - she thinks the way I do!
Let me know how it goes
Claire
Customer: replied 1 year ago.

Claire, I am in total shock!!!!!!!!!!!!!!!!!!!

My Barrister spoke first and got about 3 of the "scott schedule" dismissed.

 

Ex's Barrister could not attend due to some other case taking longer. They got new new Barrister and things were held up.

 

Other Barrister stood up and said "there are 2 new allegations, my client believes that the Father has groomed his daughter and that he will abuse her and that he will KILL his daughter!!!!!!!!!!!!

 

I nearly dropped in the Court. My Barrister said this was outrageous and that my ex had made 3 lengthy statements and never ever hinted on any form of abuse to his daughter. Opposition asked for an adjournment and the Judge agreed. He stood up said nothing and walked out.

 

My sister was there in some other room and my Barrister said that she would have to fly back home.

 

I then asked my Barrister if Police are now going to be involved. She said she hadn't a clue what's going on. She went on to say that she now fully believes that me taking out the prohibited steps order caused a major upset from my ex and that Brazil is the big issue. She said that she would contact ex's Solicitor and get ex's and my daughters passports surrendered to him.

 

Whats going on here Claire? Sean

Expert:  Clare replied 1 year ago.
Hi
What is going on is that your ex is getting more and more desperate as she knows she is going to loose.
Just sit back and wait!
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.


These are two very serious allegations Claire!! What does "Groomed" mean? I haven't seem my daughter since 6th Sept last year and to say that I was going to kill her is totally unbelievable!! I wouldn't and haven't hurt a single hair on her head. My public funding now stopped because it was only for the FOF, and that ended yesterday. My Solicitor can do nothing for me other than she said she has applied for funding again.

 

I can't believe that this popped up totally out of the blue yesterday!! I so worried that she is going to run to Brazil!

 

Don,t know if this is working right cause it says finished

Expert:  Clare replied 1 year ago.
HI
"Groomed" means preparing for abuse - the court will also wonder why this has suddenly arisen - she cannot run to Brazil as you have a Prohibited Steps Order in place
Claire
Customer: replied 1 year ago.

I certainly haven't prepared her for anything. Haven't seen he since 06/09/2012. The very few times that I did see her last year was just the normal things a parent would do....pocket money, birthday presents and meals out etc etc.


Brazil is a member in the Hague Convention on child abduction, but it clearly states that the authorities there do not like returning abductors to the UK, because the authorities here always prosecute. They say that is unfair. My ex will show no respect for prohibited steps order because she already told me about Hague Convention over a year ago.


 


I have not heard from my daughters school in over four weeks ( I usually get newsletter info every week) There is no stop on ex's passport and my Solicitor will do nothing, because my funding has stoppedd because it only covered the FOF....and that stopped abruptly!!


 


My solicitor has applied again, but I have to wait. My Barrister asked for the same Judge at the next hearing in June, and he agreed.


 


I think that happened on Monday because they were losing.


 


I think my ex may "run" and I don't even know if my daughter is in this country, because I have stuck to the orders and stayed away....thus I know nothing about her. Saw my GP today. He is same GP as my ex and all he could say was " I don't know what your ex is up to".

Expert:  Clare replied 1 year ago.
Hi Sean
I suggest that you speak to the charity Reunite (www.reunite.org) who will help you with some practical steps for ensuring that this doe snot happen
Claire
Customer: replied 1 year ago.


Ok Claire, I will do that.


 


As you know, my sister and her Police woman friend (who is also a counsellor) were here for the FOF. I think that these terrible allegations were said to my ex by them. They are trying to make me out to be a pedophile!!!


 


Why would my ex say that "she believes I am going to kill my daughter"?


 


and what kind of a statement could she make regarding this terrible allegation?


 


I am stuck for words and cannot believe that something like this could happen, weeks after all the statements were filed!!


 


 

Expert:  Clare replied 1 year ago.
Hi
As I said she is desperate - and her credibility with the court is falling!
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Claire


As you know at the FOF ex's Barrister said about me grooming and going to kill my daughter and the case was adjourned.


 


My Barrister wrote out the Court Order etc etc asking for the same Judge.


 


Ex's statement about this was to be with my solicitors by 4pm on the 13th May.


 


Nothing has arrived. My Solicitors secretary just phoned and said sometimes this happens and she can't do anything for me because my legal aid has not been sorted.


 


Why do you think that they have not replied? My GP thinks that the Police may now be involved because my ex made such a very serious allegation.


 


Regards Sean

Expert:  Clare replied 1 year ago.
HI
I think it is incompetence and desperation - just wait it will arrive
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Claire. Ex's statement final arrived this afternoon. The Scott schedule has been changed and there are now 18 allegations. 1-16 are much the same as the original, except there are more details and more allegations within them. I don't have her full statement so I can't compare it to the original dated 03/01/2013. Here are the new ones:17, The applicant has touched his daughter with his hand under her pants in her genital area, whilst she was watching tv. Date; on a weekly basis in 2008 and 2009 until separation!!!!! ( we were living together at this time).18, The applicant drank very heavily through the marriage. He drank 12/13 pints every day from 2002 until 2006, when the amount reduced. (thats 91 pints a week and I fathered our daughter in 2004!!!!!)During this time I built the house in Brazil and worked 7 days a week to pay for it....and I certainly never ever drank. I think I need to pull a specialist into Court to see what drinking 91 pints a week would do to a person, over a four year period.All of this is totally ridiculous and a lie. I'm sure 91 pints would have killed me in the very first week!!!I am very alarmed at number (1) because to me this is a very serious CRIMINAL allegation, and the very first time that anything like this has ever been mentioned. I know for a fact that I never ever "touched" my daughter and if I had....my marriage would have been over immediately!!Her statement (which is very short) says " The applicant can also kill his daughter and then kill himself afterwards.I am sure he is very angry and revengeful because I dared to expose him and his behaviour towards me and other women in his life, and let me stay alive and suffer for having dared to make all his sordid story public!!To me all of this should have been number "one" in her statement 5 months ago!! Regards Sean
Expert:  Clare replied 1 year ago.
Hi
I think the Judge will find it very strange that this is the first time she has mentioned it - it is not going to assist her case at all
Claire
Customer: replied 1 year ago.
This is very serious about my daughter and absolute lies!!!

Should I go to the Police about this?

I think she is saying things to my daughter for her to make a statement like this!!
Expert:  Clare replied 1 year ago.
Hi
There is nothing that you can or should do at this stage.
However the wild accusations she has made is likely to cause the court to be worried about HER mental health and whether or not your daughter should be left in her care
Claire
Customer: replied 1 year ago.
There are now 18 allegations in her Scott schedule. I remember reading somewhere months ago that they should be kept to 5 on each side.

This has been nothing but a slaughtering match from the start. I just wish that there was some way that I can make everyone realise that all of this happened when I refused to sign over the £220,000.00 in Brazil?? I had a divorce, two year by consent with absolutely no allegations.....until I took out the prohibited steps order!! Sean
Expert:  Clare replied 1 year ago.
Hi
I think that the reason for these allegations will come out at the hearing - her accusations are becoming wilder with each set back and the court is able to see this clearly
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29062
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
 
 
 
Chat Now With A Solicitor
Clare
Clare
Solicitor
12998 Satisfied Customers
25 years experience of all aspects of family law