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to think this is wrong and maybe illegal?

(16 Posts)
MyComplicatedLife Thu 15-Nov-12 15:46:46

Will do my best to brief, but it's complicated, sorry.

DP has 2 DS (DS 1 & 2) that live with us and another 2 DC (DS 3 &4) that live with their mother (not same woman)

Recent problems with DP's parents have meant that they are not allowed unsupervised access to DS 1&2. This is not our decision, but that of SS. We support it though.

When DP's parents were told this, they caused a lot of problems and went to a solicitor to demand unsupervised access. We went through our solicitor and refused this, but offered for them to visit DS 1 & 2 at our home every week.

At the same time, mother of DS 3 & 4 suddenly says DP can't see them, no valid reason given. A letter then arrives from her solicitor to say that he is only allowed supervised access to DS 3 & 4 for 2 hours per week. Supervised by their mother.

Odd thing is, they both have the same solicitor - even the same partner in the firm! We suspected they were all working together, as mother of DS 3 & 4 is determined to cause trouble, but this seems loony. Can they do this? Will post in legal too.

(Reg under NC btw)

MammaTJ Thu 15-Nov-12 15:50:44

When I wanted to divorce my ExH for adultery, the first solicitor I went to said he could not represent me due to their being a conflict of interest, ie, the OW had used him for her previous divorce. So, no, I would not think this is allowed.

MammaTJ Thu 15-Nov-12 15:51:20

Clearly I meant THERE being a conflict..............Grrrr!!!

stinkinseamonkey Thu 15-Nov-12 15:52:25

That definitely sounds like not only a conflict of interest, but some sort of breach of confidentiality too??

wonderingsoul Thu 15-Nov-12 15:52:38

i think you may be right. if your dp has the same solicitor as mother of 3 and 4 i think it may be seen as conflict of intrests. so he cant support both parties.

i would ring and make anappoinment. make sure they he is repersenting both and question it!

KenLeeeeeee Thu 15-Nov-12 15:53:28

I agree that this sounds like a conflict of interest and shouldn't be happening. No idea on the legality though.

MyComplicatedLife Thu 15-Nov-12 15:57:22

Sorry, to clarify, the GPs and mother of DS 3 & 4 have same solicitor - DP has different one.

hazleweatherfieldgirldetective Thu 15-Nov-12 16:09:50

That sounds really odd. I work in human rights, rather than family law, and I would be allowed to represent, say, two members of the same family. But I would only be allowed to do so if their stories didn't clash in any way.

This sounds like a massive conflict of interest. I would put your questions to the Solicitors Regulation Authority, see if they have any guidance for you.

Not to mention, the mother of your DSS3 & 4 cannot just decide, for no discernible reason, that contact should be restricted and supervised. Do you suspect the solicitor has told her about the potential risk the GPs impose to DSS1 & 2 and has the same fears about her own sons? Would such fears be logical on her part?

IneedAsockamnesty Thu 15-Nov-12 17:22:36

I would think its more likely to be the grandparents who have told them other of 3/4.

With one of my divorces. My solisiter ( who had worked with me for donkeys) all of a sudden decided they could not act for me with regard to me giving my ex money to go away as they had once acted on behalf of my ex's casual gf despite her not being a interested party or involved in any way at all.

MyComplicatedLife Thu 15-Nov-12 18:58:24

Thanks all. IMO and our solicitor's opinion, there is a definite conflict of interest. Mother of DS 3& 4 is heavily influenced by the GPs. We suspect money is involved too.

Hazel - it seems that mother of DS 3 & 4 is being led by GPs - does that make sense? So no concerns about her own children.

Hairytoes Thu 15-Nov-12 19:15:46

I'm confused, forgive me!
The way I read it is that you DP has 4 children, and his parents are not allowed to see 2 of them? Have SS said that about the other 2 as well?
Are DS 1&2 yours too?

MyComplicatedLife Fri 16-Nov-12 09:07:57

Hairy, yes DP has 4 children. His parents are not allowed to see DS 1 & 2 unsupervised. SS have not been involved with DS 3& 4. Up until now his parents have had no contact with DS 3 & 4 - it's only since the issue with access that they have been going to see them. SS are conducting an investigation into his parents at the moment.

None of the children are mine. Complicated I know!

Justforlaughs Fri 16-Nov-12 09:16:00

Forget about "conflict of interest" or whatever, are there any grounds for the mother of DC's 3 and 4 refusing him unsupervised contact? If not then fight it. She needs to prove that there is an issue and that he is unsuitable to see them unsupervised.

IneedAsockamnesty Fri 16-Nov-12 09:28:19

But more to the point why would the gp's tell the mum given that its not your dp who is stopping them seeing dc's 1/2 its social services?

MyComplicatedLife Fri 16-Nov-12 09:37:34

No grounds at all Justforlaughs. She seems to be jumping on the bandwagon to make things difficult. Sort of like tit for tat.

Sock - why would GPs tell the mum what?

MyComplicatedLife Fri 16-Nov-12 09:39:04

The point is, if they both have the same solicitor, there must be another agenda.

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