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xoxo88
Jan 14, 2013, 04:10 AM
Hi hope someone can help me,I wanted to no if my ex could find out threw a solisiter

ScottGem
Jan 14, 2013, 04:12 AM
You really need to give us more info than that. What court are you going to? What info are you referring to.

Discussions between you and your solicitor are confidential,

Fr_Chuck
Jan 14, 2013, 04:32 AM
Is the case about him ? What type of case ? This is family law aourea?
He can ask for discovery of evidence about things you are going to present in some countries,
He can ask for various information and data to be provided?

What exactly do you want to know about this

xoxo88
Jan 14, 2013, 06:02 AM
He hasn't taken it to court yet,that's if he even does. I just wanted to know if he could find out were me and my children are living now thew a solicitor. The reason I left him was because of violence and which my kids witnessed once. After them seeing that,that was it I went to council and spoke to someone the day after me talking to her she had sorted me a place out in a refuge which me and the children moved into. I kept my daughter in the nursery she was attending which was around the same area were he lived. The reason why I didn't change her nursery was because I wanted to keep everything as normal as possible for them,with the move and everything its a lot for children there age to take on and to get around the fact they saw there daddy hurt there mummy. So I thought I was doing the rite thing as she had all her friends there she knew the teachers,she liked it there. I think it was coming up to a month that we had been moved out from his when,I went to collect my daughter from nursery and we were walking to the bus stop she was holding on to the buggy and I always took the back roads to get to her nursery were I thought we would never bump in to him. I was wrong because he snatched her I grabbed her foot as he got her but he yanked her from me and started walking across the road with her she was screaming mummy and crying her little heart out,I shouted to him give my daughter back look at what your doing to her,listen to her scared voice think of her not yourself,give me back my baby. He saw someone walking down the road and he began to walk back across towards me and gave her back.I just grabbed her and said go do one before I ring the police. And I walked of with my daughter and my son who was in the buggy who was luckily asleep threw all of that. We got the bus back to the refuge and all that way back I just didn't let go of her,trying so hard not to cry in front of them.I then spoke to my support officer about what happened and I told her I want to move completely out of the area. And a few weeks later I did. He knows what area I'm in because of my sisters friend who my sister said didn't know he knew my ex,doesn't no were abouts or anything and it is quiet away from were he is I'm just worried that IF he was to see a solicitor would they be able to find us and try and take it to court? My kids are so happy and my daughter has settled nicely in to reception and I really don't want to be up routing the children again,we are so very happy and settled were we are.This is are home and I really really don't want to have to move again. They have been threw enuf.

ScottGem
Jan 14, 2013, 08:51 AM
Ok, now we can answer you, but the answers is going to be maybe. If you can prove to a judge that he is a danger to you and the children, then the court can and probably will protect your whereabouts. But you have to convince the court. You should have called the police for the incident you described.

It would also help to know, were you married? Did you file for divorce? Is he on the children's birth certificate?

I would talk to the people at the refuge and ask them what you can do.

xoxo88
Jan 14, 2013, 09:27 AM
No we were never married,but his name is on the birth certificate. What would happen if I did get a letter to go court and I didn't turn up? My children have both said they don't want to see him. And there is noway I would ever force them to do something they didn't want to do.My son is to young at the moment so he could just be copying my daughter. My ex is a paranoid schizophrenia and wasn't taking his meds at the time and that's why they moved me in to a refuge so quickly.

ScottGem
Jan 14, 2013, 10:31 AM
What would happen if i did get a letter to go court and i didnt turn up?

NEVER ignore a summons to court. If you do, he will, in all likelihood, win by default. And then you could be prosecuted for parental kidnapping.

What you need to do is gather evidence. You need proof that he has paranoid schizophrenia. You need to get affadavits from the caseworkers who placed you in the refuge. Where the police every called for domestic violence? If so get the police records. Your children are probably too young to make any decisions.

But you have to build a case, in case he ever goes to court.

xoxo88
Jan 14, 2013, 12:11 PM
Kidnapping?even though I've been the one bringing them up since birth,and took them away because of the situation between me and my ex regarding the violence several times and the children saw him do it once!And I am there main carer! And the only way for me to get proof of him being a paranoid schizophrenia is by contacting his doctor and they can't give out information. No I didn't ring the police as I didn't want my children having to see that as I no what its like having gone threw that as a child myself. What courts deal with this sort of matter?If magistrates court,isn't that for civil matters?

dontknownuthin
Jan 14, 2013, 12:27 PM
What country are you in? It sounds like the UK or Australia or Canada?

I think what Scott's trying to convey to you is that the courts will generally do the right thing for parents and children, but they can't just take your word for everything. You must report problems to the police and maintain records so that you can demonstrate and prove what you are claiming, or at least be more pursuasive that it's true than that it's not.

The thing is that a lot of parents lie to keep children away from the other parent for revenge or whatever other reasons. So, the courts can't just believe everything people claim.

Scott's advise will help you to provide the needed proof to the court that the father is paranoid schizophrenic, acts in a frightening way, is a danger to you and the children and so on. If you haven't reported his behaviors yet, visit the local police and do so now. If more things happen, call the police right away.

Also, you must appear in court of served papers to do so. It's kind of like a soccer match - if you and your team don't show up, you forfeit the game. You have to show up and state your case. You can certainly advise the Court that you are afraid of him. Contact a solicitor and he or she can notify the court of your concern that coming will be unsafe for you, and they can work out appropriate arrangements to keep you safe.

ScottGem
Jan 14, 2013, 12:36 PM
A parent who hides the children from the other legal parent can be found guilty of parental kidnapping. No it doesn't matter that the kids witnessed what they did or don't want to be with him. If you hide them from him in violation of a court order, then yes, you can be prosecuted for kidnapping.

Don't shoot the messenger, I'm just trying to make sure you understand what the law says. As dontknownuthin said, you have to prove to a court (if he files) that he is a danger. If you don't have his medical records you can subpoena them. But you will need proof.

xoxo88
Jan 14, 2013, 01:09 PM
Yeah I'm in the UK,I would never stop my children from seeing there dad unless I had good reason to which I have. And yeah I totally understand about parents just saying things just to keep them away from there dads but that's not the case with me. I stayed with him for years getting pushed about,abusive of him and I stayed because all I could think about was my children not having a daddy around and I was so scared of what he would do to me if I did try and leave him.But after them seeing him push me about that's when I went to see someone and left the net day to go into a refuge and I knew I was doing the rite thing by them both.I know he wouldn't go for full custody but if it was to come up I think he would try and get visitation. And I wouldn't begrudge him seeing them but when I did leave he also threatened me threw text by saying if I do ever get to see my children again,I'm going to do to you what youv done to me,see how you like it.How am I suppose to react to that?there was no way I was ever going to hand them over to him,ever. So I guess this would be better to go threw court because at least I could do a PSO. Can I still go to the police even though its almost been a year since all of this has happened?

JudyKayTee
Jan 14, 2013, 01:13 PM
I doubt the Police will take a report a year after the incident(s) when a case is pending or about to be filed.

xoxo88
Jan 14, 2013, 01:15 PM
Sorry Scottgem not shooting the messenger just in abit of shock that by me trying to keep them safe that I could get done for kidnap.

JudyKayTee
Jan 14, 2013, 01:17 PM
If you keep them safe by legal means you won't have a problem. At the time of the abuse why didn't you go to the Police?

ScottGem
Jan 14, 2013, 01:29 PM
Judy is right, if you work within the law you should have no problem. But you asked what would happen if your ignored a court summons. No one here is doubting what you have told us, but we aren't the people you need to convince.

I would wait until he files something.

xoxo88
Jan 14, 2013, 01:38 PM
I didn't want my children seeing it,I no you probably think it sounds stupid but they didn't no it was going on at the time until they saw him push me about. And he never punched me or kick me,he use to slam me against the wall,push me to the floor with great force and strangle me several times.And when I did threaten to call the police if he doesn't let go,or if he done it again he use to say they won't do anything you silly cow you have no marks they won't believe. So I never did. It was hard I was sh**ing myself I didn't no what to do. I only knew what to do when my kids saw him do it,and that's when I actually had the guts to do something about it and told someone at the council. I wish I had done that sooner but I didn't.