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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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I was reading this thread about assault and wish to ask you

Customer Question

Hi I was reading this thread about assault and wish to ask you a question.
My ex husbands girlfriend assualted my daughter at least 5 times and I reported it to police when my daughter returned from holiday with them. The cps would not take it on as my girls where only witnesses aged 5 and 8 at the time. The girls were interviewed and we went to court but my ex had immediately got social services involved claiming I was abusing the girls (because I called the police). It was a mess and my ex lied in court stating he was present at every event and no assaults took place meaning he was in the ladies loos at the time but the judge didn't even look up. His girlfriend denied everything and my girls have been forced to see her ever since by their dad. I was devastated that this had happened and more so that the girls were still in this persons presence on a weekly basis. My daughters are older now and I've discovered that the one who was mostly assualted has been writing in her diary about it all and sating her dad lied. There was other evidence which I wasn't allowed to produce - mobile phone conversations between me and my ex from a year before where he states he knows she is a nasty bitch, hurts her own kids and has them hurt our kids (they had split up at this time and we were trying to stop her kids hurting ours at school and nursery). And also I have a letter from my exs doctors referring him to mental health. The judge just wouldn't listen even thought my counsel said it was clear that my daughter had been assualted - I even had photos of scratches on her neck and a bruise she said was a finger poke. This eats away at me everyday and the girlfriend is walking around with a big smile on her face. I've been branded a lier and so have my daughters. My ex continues to slander me to local people - mostly mums and dads school (i previously had a non mol because he used 3rd parties to harrass me) The whole thing nearly bankrupted me as he had already taken me to court 14 times in 12 months during the divorce and to claim I was abusing my children. I couldn't afford to appeal.
I just want to know will I ever be able to get justice for my little girl? And how? Please tell me straight if there is nothing I can do.
Regards
Melanie
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

So the court returned a verdict of not guilty?

Customer: replied 1 year ago.
The judge said she was not a threat and he could only conclude the girls had made it up. It was all done in family court but I had to have a barrister
Customer: replied 1 year ago.
I don't think she was ever charged with anything
Expert:  Jo C. replied 1 year ago.

You said you made a report to the police? Are you asking about that?

I won't know anything about the family matter. I could refer it to somebody who will.

Customer: replied 1 year ago.
I did report it to the police but as I said next thing I knew I had social workers camped in my house. We went to court and judge said she was not a risk. The police videos were viewed by my side and other and judge that's all I know.
Customer: replied 1 year ago.
Can I bring a civil case against this woman for assaulting my child??
Expert:  Jo C. replied 1 year ago.

Yes, you could. I wouldn't suggest it. The findings from the other courts so far have been a fairly resounding rejection of these allegations I'm afraid and she will rely on those findings. There is a different standard of proof at the civil court from the criminal court but the family court shares a fairly low standard of proof.

Also, unless there was some substantial injury that has a lifelong consequence it is not usually worth suing in the UK. The benefit of a claim being under £1k is that costs are not such a huge issue though.

To be wholly honest, even if you succeeded, it would not stop the contact that is taking place at this stage.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
No thank you
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

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