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Hi all, I received a call from the local constabulary today requesting I attend a voluntary interview in relation to an allegation of harassment towards my daughter, the allegation was made by my ex-wife. I am NRP, my only defence is that I have PR and there are no court orders which prohibit me contacting her. I have been attempting to communicate with my daughter via text message and the responses have not been encouraging. She is a typical moody 12y/o so I was under the impression this was just a phase.
Back story - I left the ex-wife almost 4 years ago and the divorce has been worse than acrimonious. CAFCASS were less than helpful and the family court system failed me. I have a CAO which prescribes contact "in line with the wishes and feelings of the children" (they were 7 and 9 at the time). I have been on the receiving end of epic amounts of parental alienation and my relationships with my children is almost non-existent, thanks to their mother.
I have agreed to a voluntary interview next week and I need to arrange my defence beforehand. Can anybody offer any advice (I cannot afford a solicitor) to counter these pathetic allegations?
Hi,
According to this, you can tell the police that you want a solicitor and they have to provide one
Good evening. All you need to do is phone up solicitors in your area and arrange a duty solicitor to attend the police station . Its free of charge. A voluntary interview is as good as being arrested and questioned although if they deem you no threat its a cheaper way for them inviting you to come in off your own free will
Hi
So I've been through the criminal justice system, long story but I'm at a stage where I communicate with the kids via text and Skype although I am starting to see them more.
I am always conscious around my comms to the kids to ensure that I cannot be accused of harassment as my ex wouldn't hesitate to go running to the police. Eg I messaged my eldest child 3 days ago to ask how they were now that they're back at school, I didn't get a response and so I sent another message yesterday and got an 'it was ok' and no more. At this point I could send a flurry of messages but I've been advised to avoid doing this specifically for the very reason you describe, in that I can't demonstrate comms is wanted or reasonable... (my situation is long winded and complex)..
In your case, I would imagine that you'd need to build a picture of ongoing comms, being a concerned, loving, caring parent, some of the challenges in the family courts and that your comms is not out of the ordinary and in line with how things usually are.. (with advice from your solicitor you may need to concede on something to avoid any further action)..
Ensure you take a duty solicitor with you, you may find they offer free 30 mins in advance to prepare you for it..
It may be nothing and just another way for your ex to manipulate the situation and frustrate contact further in future.. The police may direct you back to the family courts..
Lastly, have you reviewed your communications? Or got someone else to and looked at it impartially to see if it could be seen to be harassment? (unwanted behaviour causing distress, alarm etc, you can look up a better definition online).. Unfortunately having PR or court orders/no court orders are no defence which was clearly explained to me by my solicitor..
All the best.
Everyone is entitled to a duty solicitor for FREE to represent you when you are interviewed voluntarily or not at police station.
If you say the right things its highly unlikely there will be any further action
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