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Hello all,
I've found myself in a bit of a situation lately, let me explain.
About 3 years ago myself and my Ex adopted two young boys, they are both now in Primary school.
During the adoption there were lots of anonymous phone calls to social services alleging everything from my ex being mentally unstable to me driving to work drunk in the morning, obviously I wasn't and medical test and investigations found the torrent of accusations to be baseless at the time, then my my Ex did something really stupid whilst involved in an ongoing legal matter that was happing with her work, she committed fraud to avoid attending court and was sentenced to prison. (She is self employed)
The children were placed with us at this point and I did everything I could to make sure they remained with us, including taking 4 months off work unpaid to ensure the children had constant support and their needs were met.
Ex gets out of prison about 3 months later and the adoption process continues, the adoption orders are made after lengthy proceedings and psychological assessments etc.
Because the adoption orders were made social services involvement started to reduce to the point where we would see them very little.
I took voluntary redundancy from work to look after the children full time over the summer months, Wife is self employed and has plenty of money, we had a very nice life style whilst together and she continues to do so.
Then things started to change and my Ex started going on lots of nights out with friends I'd never heard of and coming back at all hours (bet you can see whats coming here :p )
I asked her what she actually up to, was she having an affair? obviously she answered no,
Eventually it was obvious and I confronted her, she said Either I leave or she leaves and would leave the children with me.
Panic set in and I just couldn't see how I would manage having the children on my own just started a new job which involved strange hours and me being on the road quite alot.
I agreed to leave the house and rent an apartment around the corner on the condition that I would come back to the family home every night after work and bath and feed the children and put them to bed (big mistake) two days later she changed the locks.
With all my possessions still in the house and her refusing me access I'm a bit upset at this point, I decide not to break in and air on the side of caution.
We argued about the situation on the phone, she calls the police, and then the usual you cant go near the house or we will arrest you spiel comes from the police.
I'll spare you all the details I'm starting to waffle.
Ex has done everything in her power to stop me seeing the children, she has gone on a campaign of trying to make me out as some domestically violent ex husband, these are just groundless allegations and completely without merit.
Anyway situation is, I have found out she has forged my signature on the two Form A58 (applications to adopt , both forms) she has also, forged my signature on the Form TR1 and transferred my equity in the house into her own name ( this happenned whilst we were still together years before but only come to light now)
As you can probably tell, its now turning into a bit of a mess, She won't let me see the children, I cant get access to the house as its now in her sole name and re-mortgaged and she is living there with the guy she was having an affair with throughout the adoption.
Obviously I have reported the matters of the forged documents to the Police who are investigating as slowly as they possibly can. ( Now been about 6 months and she hasn't even been interviewed yet)
Social Services wont get involved because as they see it there is no immediate danger to the children, even though they were led down the garden path by her during the adoption. Social services did tell me that even though she has sent me a solicitors letter saying she wont let me see the children I still have the adoption order giving me parental Rights and I can go and see them.
Getting up to date, she found out from the Land Registry that I am applying to get my name back on the house and then went straight to the Child maintenance to have my wallet made a bit lighter. Now bear in mind here, she has forged the adoption paperwork which is being investigated by the police, stolen my half of the house about £100,000 equity and she is a millionaire.
Obviously I'm trying to get out of paying it, I've been the victim of her crimes and now she wants some more so I cant afford legal representation.
Anyway, CMS are now going to take £700 quid a month from my wages as they don't see any of the above as being a problem.
I've just had spinal surgery and i'm off sick recovering, I'm going onto half pay next week so they wont get the full 700 but will still take 40% of what I get pre tax.
So i'm down to just over a quarter of my normal salary and let me assure you that will just about pay my rent never mind the food and bills.
On another note after speaking with social services, I went to see childrens school head mistress as they haven't been in touch for a couple of years,She was busy and we made an appointment to have a chat the next morning, on the way out , I noticed my children in the garden of the after school club, I knocked and went in and seen them for 10 minutes, It was great , I hadn't seen them for about 6 months, I asked the eldest to ask mummy if I could take them out this weekend and to get her to call me, I put my telephone number in his school bag.
Next morning on the way to see the children's head teacher , I knocked at the house which is on the way and asked my ex if I could walk the children to school, she said no, I then asked her a question about the ongoing process with the land registry, we now both have the opportunity to negotiate before it is referred to a 1st Tier Tribuneral, I asked her if she was willing to negotiate, she said she wasn't because I wasn't playing by the rules. lol Anyway, I didn't stick around I said goodbye and left, I was very pleasant in our small conversation.
Well low and behold I was yesterday served with and ex parte anti-molestation order and a prohibited steps order.
It only turns out she has lied through her teeth to get it saying that I have said I'm going to abduct the children this weekend and she fears I will be violent towards her, I was shouting abuse at her etc I'm sure you know the script by now.
So now I can't go near the house or the school.
I will be attending the FHDRA and asking for it to be revoked as it is based on lies,
Am I also right in assuming I will be able to bring up the fraud at this hearing as that is the biggest bone of contention between us. She is using the children as pawns in her silly games.
I really hope they will take a very dim view of her in court as I have plenty of evidence to back up my position and the frauds she has committed.
I'm just going to lay it on the line with the court as I have no idea what is the best thing for these children as I have rarely seen then in the last 2.5 years and I only had them for a year before that., but one thing is for sure she is guilty of some serious crimes.
Anyway just getting that off my chest, Its a very abridged version.
Any advice please feel free to chime in.
I don't know what to say after reading this really. I don't have any answers for you but think you have done all that you reasonably can to deal with each and every situation as it has decended upon you.
I just wanted to respond and say that I hope that the court sees the light and gives you a break.
Very Machiavellian - sorry for the problems.
You need to have a plan and need to see CAB.
What do you want to happen at the FHDRA?
Contact with Children, non-mol order and pso removed?
If so, make a Child Application for contact with your children - FORM C2.
This form allows you to join a party in existing family proceedings under the Children Act 1989.
On the form I would mention all issues relating to the Children only - parental alienation, misleading court about ex-parte non-mol and pso - the lies that the CM has told.
You would ask the court for CAFCASS (Court Officers for the Children) to produce a report into contact and you could address your concerns about CM there.
Have you filed for divorce? If not, start.
Once you have done that, I would file for ancillary relief - financial settlement...from the matrimonial assets you are entitled (to start off with) with 1/2 the share.
Start the ball rolling...we're here to help.
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