Solicitor letter?

[Marvelfan300]

Advice

my husbands ex wife has sent a solicitors letter and is stopping him from having his child unless we divorce background myself and my husband have been together 5 years we have a 3 year old together aswell as his DC with other relationship who we both love dearly

ex wife has never been keen on me and really kicked off when DH proposed to me and when we had our DD… she used to use their DC against him unless he listened to her had fo update her on everything and their where abouts when he had her started harassing him and me at work numerous reports later we’re now receiving solicitor letters and I’ve never known a professional to be able to produce a letter which simply no evidence and heaps of lies? They’ve deemed me dangerous around DC and that my partner cannot have his DC unless he divorces me basically (letter states new wife not to be present when seeing DC.)

what can I do?

No expertise, but I think that you can ask a solicitor to write whatever you like in a letter, it doesn't really hold any more weight than writing a letter yourself.

If she is withholding access to
their shared child, he needs to go to court for access.

unlike in a letter, in court, she will have to back up her claims with evidence.

There are rules about what can go in solicitors letters. They need to be correct as far as the law is concerned, and on the face of it I suggest that the letter may be in breach of the relevant codes of conduct.

I suggest contacting the Solicitors Regulatory Authority and sending them a copy of the letter.

Perfect thank you for that advice.

the letter contains no ‘evidence.’ But states a lot of ‘certainty.’ On the allegations made against myself and my husband things that HAVE NOT happened yet she has told the solicitor that they have? One being police made allegations and that she has a document provided by them with my name on - upon calling the local force to ask they couldn’t tell me if there was a report but they can confirm that no documents ever get given in circumstances and that she is lying.

This is absolute nonsense. The solicitor has done nothing wrong. The solicitor is setting out their client’s position. That is quite proper. It is you to the father to respond appropriately.

If solicitor is letters needed to be correct as far as the law is concerned how would we ever end up in court in dispute about what the law is

My exh had his solicitor write to demand I remove my new blinds as he could no longer see into my new home.. Obviously a judge didn't order I do so. . Your dh needs to get access confirmed via a court case.. Do not spend money denying her claims as she needs to prove them.. Let her crack in. A judge will take a dim view I imagjne. She won't win.

Its not what you can do, you have no standing in this, its what your husband can do. He needs to go to court and get a child arrangements order. A solicitor will generally write what they're paid to write, it doesn't have legal power just because a solicitor wrote it. The letters a red herring, and it really doesn't matter what she says. He needs to shut these threats down by getting child arrangements sorted through court. It's not expensive, he can self represent and there's just a fee for the application.

Your husband needs to wake up and get himself to court. He absolutely DOES NOT need to even respond to a solicitors letter . They have absolutely no power to dictate how you /your husband behave. The only document that does this is an order from the court. Let her waste money getting her lawyer to write pointless letters . You can safely ignore them.

First he needs to fill in the application for a child arrangements order .
Follow the steps here

apply-to-court-about-child-arrangements.service.justice.gov.uk/steps/opening/start?

It costs £255 . He doesn't need a solicitor. Most people self represent unless he has a history involving criminal activity, violence and /or there is evidence of him being abusive. Which could make the application harder .

If there is no reason why he should not have a relationship with his child then just go ahead and apply. I am presuming he is named on the birth certificate ? He will be obliged to request mediation with ex but that can be signed off if she refuses.

There is no reason why your husband should not do this - in fact I would be pretty disappointed in any man who didn't fight for a relationship with his child. (In the basis he is a decent father)
If the fees are off putting just fill in the 'help with fees' form on the website.

By the way. No judge will make an order for a father to divorce his wife ! This is completely ridiculous.

In the worse case scenario - if the mother could produce irrefutable evidence that YOU have abused the children and were a risk to their welfare - then the order could require him to have contact at a place on his own - but in the normal scheme of things where you are just a normal non abusive partner - no judge will direct your husband to exclude you during his contact time.

What he does with the child, who he allows his child to have a relationship with, who he allows to spend time with his child is entirely his business in his court ordered time.

Honey, you've got a 'husband problem'. A big one.

Court to get proper access then you send a solicitors letter to her for defamation if what you say is true.

https://www.sra.org.uk/consumers/problems/fraud-dishonesty/legal-threats-solicitor/#:~:text=You%20should%20expect%20correspondence%20to,of%20intimidating%20or%20harassing%20you.

In particular

Allegations without merit
Solicitors should not be making allegations without legal merit. That means making claims that have no basis in law or would stand no chance of being successful if heard in court.................

Exaggerated consequences
We have had reports of solicitors threatening exaggerated adverse consequences or making threats of consequences which are not legally valid, for example threatening imprisonment in a case where this could never be an option, or making claims of cost consequences over and above what could be claimed.

Thank you that’s been so helpful - the only ‘abuse.’ I’ve been involved in is his ex going through myself to tell my husband hes a rubbish dad and a waste of oxygen… in which I responded pulling another parent down doesn’t make your light shine brighter your both good parents. Where she then told me to ‘not get involved and I’m going to block you.’

but as for DC never she is a radiant little ball of sunshine always and I’m so very disappointed in her mother because our DC whom we share misses her big bubbly sister and always have wanted her part of her life. But it’s devastating to hear that she states I’ve been ‘abuse.’ To DC, yet when his ex was talking to me she told me how DC loves me and enjoys spending time with me and that she’s thankful for all I do but then she blames me when things don’t go to plan and I always try hard

And to add I don’t want to speak badly of his ex’s new partner but he did get arrested for being aggressive towards DC mum and was issued a warning DC has also said that he has hit her mum etc

I just don’t see how he is quite evidentially a danger from proof and yet I’m being punished for things I have never ever ever done?