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Legal matters

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Can this be correct??

8 replies

Ilovejonahhill · 26/07/2017 07:26

Long story Confused will try & keep it to the point!

My husband has a daughter with his ex, who has made contact with his daughter very difficult since finding out about me (I'm not the OW!) she cancels arrangements, rings the CSA saying she hasn't received payments (husband then had to prove that he has paid via bank statements) & generally makes things difficult.

He has recently recieved a letter from her solicitor regarding contact arrangements BUT in this letter I am named stating I have a severe mental illness & that they would be obliged to let them know how've closely monitored I am & whether I take medication daily! This is not true, I have never or do not suffer any form of mental illness.

The illness is named & there is no comments along the lines of maybe, I believe it says I have!

From what I can gather because this has not been widely published & is based on her 'honest opinion' there is nothing I can do about it. Can this be right? So therefore you can basically say what you like?.

Any advice please?

OP posts:
endofthelinefinally · 26/07/2017 07:29

Libel?
I think it is libel if you write something defamatory and untrue about someone.
You probably need legal advice. Maybe start with CAB.

prh47bridge · 26/07/2017 08:51

It is libel if you write something defamatory about someone and communicate it to a third party. However, in this case your husband's ex and her solicitor are likely to be protected by privilege which means any attempt to sue for libel will fail. If she makes these allegations to others that would be actionable and would not be protected by privilege. However, taking her to court would probably be very expensive with no guarantee you would get your money back.

At this stage the simplest thing would be for your husband's solicitor to write back stating that the allegations are untrue and warning her of the possible consequences if she repeats these allegations.

Hereward1332 · 26/07/2017 14:43

Would the OP's husband count as a third party to whom libellous statements have been made?

prh47bridge · 26/07/2017 15:52

Yes he would, but a solicitor's letter linked to legal proceedings is generally covered by absolute privilege.

MyKingdomForBrie · 26/07/2017 15:57

I'm pretty sure that wrongly stating someone has a mental illness isn't libel - it's not likely to make a reasonable person think less of you.

No bloody wonder the stigma against mental health conditions continues to be so strong with opinions like this!

QuiteLikely5 · 26/07/2017 16:01

In his shoes I would try to go to court to get a concrete access plan sorted - these women can carry out their games for yearrrrs

ThumbWitchesAbroad · 26/07/2017 16:06

I don't know the legal side of this but I'm pretty sure you can refute the allegation with a letter from your doctor, which will make her accusation look pretty fucking stupid!

Her "honest opinion" doesn't trump a medical diagnosis, so it's an easy one to knock back.

I'm assuming your DH has a solicitor - what has he/she advised?

rizlett · 26/07/2017 17:20

You don't need to refute any allegations - hurtful though they are - they are just ramblings from a vindictive woman.

You are simply wasting your time - every single second you spend even thinking about the rubbish she spouts.

Just inform the solicitor you will not engage in responding to any malicious allegations and your only focus is to get on with sorting out reasonable access.

She can and will say what she likes - anything and everything most likely to get your attention and make things difficult. Poor dc.

I find the more time you spend in refute - the more she wins - the more attention she gets - the more she will do it.

Put your suit of amour on in all dealings with her and Ignore, ignore, ignore.

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