• Page:
  • 1

TOPIC: Clare's Law

Clare's Law 2 years 10 months ago #90513

Just wondering if anyone has had Clare's Law used against them in NMO . I say this as the allegations made by my ex are so weak due to her own admittance in court saying im no threat to her or child and have never shown or threatened her in any way in the 7 years together and the 2 years we been split.

The only thing that i am concerned is bringing up my passed of 10 - 20 years ago as it wasnt good back then , Nothing we never talked about during our time together and our relationship wasn't abusive or violent in any way. (to this day we have never had a row or slagging match) nor raised our voices towards each other.

I have spoken to the courts and police regarding iv received no paperwork from the court to be told by the court the judge is seeking advice from another judge regarding this case and ill receive the paperwork in due time. When i contacted the police concerning them giving out my personal information is when they mentioned clare's law.

Now after researching this law it comes across anyone can make inquiries about a partners past to help them make a decision whether to leave or have a relationship with them. police can if feel required disclose certain information. But the person inquiring must have good cause to apply for a full disclosure.
Now considering we had 9 years of knowing each other and with her own admittance in court that im not a threat to her or child or ever have, this law doesn't really come into it.
Her main witness is a police report she told the court regarding an allegation apperrently made against me 20 years ago. (this i know for a fact the police has miss-informed her) she seemed to know something I didnt know about me on the day, but after talking to me ex wife she filled me in and it wasnt me the allegation she made against me back then but in fact my brother as i was in hospital at the time.

But reading up on this clare's law does worry me abit as I am applying for contact with the boy on my next court date. My only real defence is that I got full residence for both my children including PR for my stepdaughter.

Surely clare's law cant be used on its own for an NMO more so in this case?

Cheers

Please Log in or Create an account to join the conversation.

Last Edit: by cantbelievethis.

Clare's Law 2 years 10 months ago #90525

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
I wish I could allay your worries, but it's just too difficult to have an opinion on this....the best thing to do is to wait for the paperwork to see what you're dealing with.

As far as your previous history, if it was so long ago the court should consider it as historic. I can't see Clare's Law being used in this way, but she t would be up to the judge what they take notice of.

I think you should concentrate on the positives, your current position is important, you have turned your life around and can argue you were a different person back then. If you can get some character references, from professional acquaintances rather than friends or family, that may help too. I would hope hat her own admission that you have never been a threat to them should also carry weight.

Best of luck

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Clare's Law 2 years 10 months ago #90544

Cheers again Mojo, yes it is a strange case for a NMO even the court person i spoke to couldn't get her head around just what happened in court after reading the judges notes ect.

I personally think the police report is going to be regarding the hassle i had with ex wife 10 years ago for which she threw many allegations around to police and the courts but I do believe that as they all went to a finding of fact hearing back then and was dismissed therefore I believe none of if can ever be used against me in a family court as its already been dis-proven? (i can remember the judge explaining this to ex wife) either way still got to be a good defence ?

One thing the lady from the court said was that I must abide to what was said in court regarding the standing of a "Statement of Truth" and thats is due in on the 12th.
What a statement of truth is i don't know, Ii thought I had to wait till I receive everything off her to which then I need to respond to. So this is news to me!!

I don't know what to do now at all and was relying on having everything sent to me in writing by the court.

cheers again

Please Log in or Create an account to join the conversation.

Clare's Law 2 years 10 months ago #90594

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
Im not clear in what context the court want a statement of truth, it's simply a sentence that goes at the end of a statement to say .... "I joe bloggs believe that facts stated In this statement are true."

Here's a link that explains it

www.familylaw.co.uk/system/uploads/attac...1/8861/FPR_PD17A.pdf

What they're asking for doesn't make sense to me to be honest. I would try and get some legal advise on this. Some solicitors offer a free initial consultation, or you could try Child Law Advice line... there's a link in the stickys at the top of the legal eagle section. If you google free law clinics you may find one in your area err you can get advice from.

Best of luck

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Clare's Law 2 years 10 months ago #90620

Cheer Mojo again,

Im a bit peed with myself tbh, Where the judge kept shutting me down on the day on just about everything thing i was asking for in a witness and the kept changing dates then mentioned that as we are both self repping that the statements must be worded correct and submitted in on time ect and how important it all was when she mentioned that she will send out to each party on just how she wants it all laid out and what she expect from us I turned off thinking no point making notes any more as it's all going to be sent to me.

Judge asked for us both to provide a statement of how we both saw the relationship and the last couple of years since we been split. I guess the judge just couldn't get her head around on what has just been said in court. I mean she just heard us both agree that in over 7 years we have never had a row or cross word with each other, a non abusive, violent and perfect relationship in a way. and even the same over the last 2 years since we been split.and there no risk of harm towards my ex or the child. ie not what she normally hears in a NMO case. It did seem the judge wanted to see this police report though or the allegation I kidnapped my own child once, even though i tried to explain what that could have possibly been about I was shut down again by the judge with the word ill have my say soon enough.

I have spoken to a few solicitors now and all have said pretty much the same. ie the ex parte order should have been dismissed on the day and because it wasn't they want to see the police report to see if it carries any weight to the allegation of kidnapping before making a decision if the case can carry on as atm there just doesn't seem to be a case. All have said also that this is a NMO with notice case should the ex wish to carry it forward.

Like I said the lady that read the judges notes couldn't really understand just what was going on and even said that a statement of truth is normally were one party sends the other there statement and the other party is given time to respond so the judges notes say we must both submit such statements on the same day doesn't sound right.

One solicitor has mentioned that maybe the judge has made a mistake and not dismissed this on the day and like someone has said on her because of the kidnapping allegation the judge cant remiss it.

Only my ex could confuse a court and solicitors as this is how she has been the last 2 years. the one answer I would love to hear from her is Just what have I done to deserve the way she has treated me the last 2 years after all I have done during this time and that's been a decent bloke to her and the boy to what many friends and family say I've just been a total mug for excepting her crap.

Iv decided now that I'm just going to wait till the courts send out the paperwork and come Monday if still not heard or received anything email the court explaining this.

cheers again

Please Log in or Create an account to join the conversation.

Clare's Law 2 years 10 months ago #90678

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815

cantbelievethis wrote: Cheer Mojo again,

Im a bit peed with myself tbh, Where the judge kept shutting me down on the day on just about everything thing i was asking for in a witness and the kept changing dates then mentioned that as we are both self repping that the statements must be worded correct and submitted in on time ect and how important it all was when she mentioned that she will send out to each party on just how she wants it all laid out and what she expect from us I turned off thinking no point making notes any more as it's all going to be sent to me.

I think the confusion could stem from this, I think the judges notes were muddled and the mention of the statement of truth was in the context of getting your statement right and to make sure that you both included a statement of truth.

Judge asked for us both to provide a statement of how we both saw the relationship and the last couple of years since we been split. I guess the judge just couldn't get her head around on what has just been said in court. I mean she just heard us both agree that in over 7 years we have never had a row or cross word with each other, a non abusive, violent and perfect relationship in a way. and even the same over the last 2 years since we been split.and there no risk of harm towards my ex or the child. ie not what she normally hears in a NMO case. It did seem the judge wanted to see this police report though or the allegation I kidnapped my own child once, even though i tried to explain what that could have possibly been about I was shut down again by the judge with the word ill have my say soon enough.

I see this as your opportunity to consolidate what the judge heard about the last 7 yrs, a strong statement at this point will work well for you. You can explain yourside if the anMo/kidnap too, but I would dwell too heavily on it

I have spoken to a few solicitors now and all have said pretty much the same. ie the ex parte order should have been dismissed on the day and because it wasn't they want to see the police report to see if it carries any weight to the allegation of kidnapping before making a decision if the case can carry on as atm there just doesn't seem to be a case. All have said also that this is a NMO with notice case should the ex wish to carry it forward.

Like I said the lady that read the judges notes couldn't really understand just what was going on and even said that a statement of truth is normally were one party sends the other there statement and the other party is given time to respond so the judges notes say we must both submit such statements on the same day doesn't sound right.

Its not always the case that one side is given time to respond to the first statement, I've known cases where statements are asked for at the same time, it prevents the party that is responding from having prior knowledge that they can set their own statement on. As I explained, the statement of truth is just that you're stating that what you have written is the truth... that's it.

One solicitor has mentioned that maybe the judge has made a mistake and not dismissed this on the day and like someone has said on her because of the kidnapping allegation the judge cant remiss it.

Maybe she's just being thorough, if she doesn't take account of it it may open up the possibility for the other party to appeal on the strength of that

Only my ex could confuse a court and solicitors as this is how she has been the last 2 years. the one answer I would love to hear from her is Just what have I done to deserve the way she has treated me the last 2 years after all I have done during this time and that's been a decent bloke to her and the boy to what many friends and family say I've just been a total mug for excepting her crap.

Iv decided now that I'm just going to wait till the courts send out the paperwork and come Monday if still not heard or received anything email the court explaining this.

As I've said before, I would use the templates and info on writing statements and prepare yours so that you have t to hand. No point being on the back foot of you don't need to be.

All he best



cheers again

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Clare's Law 2 years 10 months ago #90692

Clare's law and how a freind used it if this any help..Ex and his child live with a man with a host of violant convictions. He wanted proof,police came round and told him that they will check under Clare's law and if there is nothing they will contact him within 28 days if there is something they only contact her to warn her He never did get any contact back but then in court regarding a child arrangement order when he raised it she denied it, he said in court to the Mag that you should have the results of her partner's criminal record check and they said that cafcass said it has no bearings on this case !

Please Log in or Create an account to join the conversation.

Clare's Law 2 years 10 months ago #90696

davebasketball. Seems anything that goes against a woman cant be used or its deemed no bearing on the case in hand. Every witness my ex asked for she was allowed to use but when I asked for pretty much the same I was refused, being told if its needed then permission will be granted.for at another hearing..

No one iv spoken too understands just what this nmo is all about be it solicitors, friends or family. For the last 6 weeks now Iv been racking my brains and all I can come up with is this clare's law.. its almost as if the ex doesnt have a good enough reason and its a last desperate attempt to prevent contact between the boy and me.

Mojo - Iv decided to wait till I hear from the courts now, deadline is today, Im just going to send an email to the courts explaining that no paperwork has arrived ect.

The ex this week sent a message via my brother to my son explaining that due to my behaviour lately she wishes to break all ties with herself and her son with my son. Claiming now they are both finding the situation very scary. This goes totally against what she said in the court room.. She told my brother she didnt want to tell my son face to face ( he looks apon her as his 2nd mum) as she was scared of how he may of reacted. But still it took 5 days for her to message and call my brother since my son popped down last. The message im hoping will go towards my defence in that her mental health is playing a major part in all this.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: Samantha Downes