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Judge Question I am making an application for an ongoing…

Thomas Judge QuestionI am making...
Thomas Judge QuestionI am making an application for an ongoing family proceedings and I have raised a C2 application. Please could you help me with 6) The Respondent is claiming financial abuse by the Applicant and yet the Respondent had her own single accounts throughout with large sum’s of monies being sequestered from the family joint funds unbeknownst to the Applicant. Was an equal Shareholder & Director in OCNR Holdings Limited and disclosure of these accounts since inception will clearly demonstrate that the allegation of financial control, is like all the others, completely without merit. Accounts : First Direct Current Account – XX XX XX – XXXXXXXX Xxxxxxxx Xxxxx First Direct Current Account – XX XX XX – XXXXXXXX Xxxxxxxx Xxxxx 7) All materials (Witness Statements, Transcripts, Orders, Applications, Video’s etc) in the case GU17xxxxxx are allowable to be disclosed in case GU17xxxxxx
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Answered in 10 hours by:
3/27/2018
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,884
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 3 months ago
Well I can prove she was an equal shareholder, director but unbeknownst to me she was sequestering monies into her sole account over the marriage. She is claiming financial control but having disclosure of these personal accounts will prove that at no point was she being financially controlled by me and that she had access to large sums of money which were being held in her own sole name. What I do have is the joint accounts from where the monies were transferred from. But these don't show the balances of these sole accounts or what she did with them

I would be concerned that the court may think that this is a fishing expedition. I would simply ask for them in the C2 - and say that you are seeking to prove this point and would invite the court to draw and inference if she does not provide them - namely that she was sufficiently wealthy. Please remember to rate 3,4 or 5 for the answers

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Customer reply replied 3 months ago
But she is claiming financial control. Could you help me with the wording in the C2 for this element please. Re the inference, how do I invite the court to draw an inference if she does not provide them ?

"The applicant would seek details of the respondent's bank accounts (put in the detail) for the period xx to xx when she claims that the applicant was financially controlling of her; if the respondent opposes same then the applicant would invite the court to draw an inference that this allegation is not true."

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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,884
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