Defamation of character?

[PerverseConverse]

I'm over 5 years into a long drawn out divorce with my stbexh delaying whenever possible. Throughout this process, and before we actually split, he claims I am mentally ill. He would say I'm psychotic during the marriage and now tells social services and the courts that I am mentally ill. He was abusive physically, sexually and psychologically during the marriage with some financial abuse too. I have consistently reported this abuse since we split and is now subject to a police investigation. There have also been concerns about the children since splitting and I have reported these to social services. He says all allegations are false and claims concern for me due to me making these allegations.

I am not mentally ill. I had depression as a child/teenager and had PND after my children were born. Recently I've discovered I'm likely on the autistic spectrum although the GP said if I've coped so far in life then no point getting diagnosed. I'm professionally qualified with a degree and two post graduate diplomas, look after my three children of which I have residency, and elderly mother who needs daily care. Surely if I was mentally ill I wouldn't be able to do this? He has me wondering if he's right sometimes and then I remember the years of abuse and the ongoing coercive control.

Is there anything I can do to get him to stop saying these things? Is it defamation of character? No professionals have ever expressed any concern about my mental health except to be concerned about what he is doing.

Unless he’s a psychiatrist, I doubt the courts will take any notice of his allegations. Just ignore him.

Not easy to ignore when it's been going on for years and brings into question my ability to look after my children. It's part of his emotional abuse of me.

Sorry, I wasn’t clear.

You have residency of your children, so the courts clearly don’t believe him.

I know it must be frustrating for him to make these allegations, but actually it probably works in your favour, judges hear this kind of nonsense all the time. Unless he can prove that your “so-called “ mental problems are adversely affecting your children, he looks like an idiot.

Suing for defamation of character is expensive and very difficult to prove. So ignore it and let him demonstrate what an idiot he is.

Stick with it op. Look after your health so you have the strength to keep it together. My exh told all who would listen I had mh issues..
He told the dc I was a prostitute.
Took me 4 years but I won and he doesn't see my dc.
Our shared ds's went nc with him once the hit early teens.

You can't take action for defamation over comments he makes in court. Those statements are protected by absolute privilege. Statements he makes to social services are likely to be protected by qualified privilege so, in order to succeed with an action for defamation, you would have to show that he was acting out of malice. If he is making these claims to other people you may have cause for action, but even then I would agree with the other posters that you are best leaving it alone.

To OP

During my divorce Ex made accusations in writing to the Courts that my parents had hidden money on my behalf. My parents considered taking action, but were quickly advised not to do so as accusation had not been made public and neither myself not my parents could demonstrate that we had lost out in anyway. Ignore and move on even if it is annoying.

Good luck with your Divorce. Judges are usually good at working out who is the troublemaker.

Ah ok, yes that makes sense. He doesn't say it in court but to social services and in official statements. The judge is very tired of him due to the amount of times I've been dragged to court over the children and the divorce. He gets told he's wasting the court's time on a regular basis.

If he’s making repeated applications, you could consider asking for a 91.14 order. This means for any future applications, a judge will decide whether to allow the application to progress to a proper hearing.

Have you sought any counselling/therapy for support? You cannot stop what he does but you can learn to handle it better. Having false allegations made against you for years is exhausting. It’s important you get the support you need.

He gets told he's wasting the court's time on a regular basis

It may go against him as Courts have the power to award costs if one partner has been obstructive during the proceedings.

His obvious hatred for you wil go against him when getting access /whatever you want to call it sorted.

I'm afraid to tell my GP that I probably need antidepressants again in case he finds out. I've signed a consent form for the police to access my medical records and don't want any recent prescription on there. I wouldn't need them if it wasn't for him though. I've asked my solicitor about the 91(14) and am awaiting his response. I've also said I'd like to claim costs for the divorce proceedings as have had the decree nisi for 5 years now and he keeps delaying. We've exchanged form Es but his is missing information and full of lies. Money being transferred into another account several times a month but won't give statements for that account. Says he doesn't live with his gf but does. Nothing adds up with his finances. He was supposed to request his pension information in February and says he had but still hasn't provided it. We have a hearing in a few weeks and he'll have refused to answer any questions my solicitor puts to him. He's done it before. Says it's none of my business where his money goes or where he lives but I think it is if he's lying for financial benefit. He says he won't give me a single penny of his pension which is worth 4 times mine at least or was two years ago. He's a bastard.