John knows because Jane is unstable and told him and showed him the letter when drunkHow does John know all this information? Isn't it all confidential?
The report given to the GP would be strictly confidential and not disclosed to anyone, so how could that be libel? Sick certs are usually generic in nature and do not disclose much detail. they would also be strictly confidential. So I don't see where there would be libel here either? If someone in the doctors office or HR leaked the contents, they would be sacked on the spot for gross misconduct.
Counsellors don't deal with establishing facts, just how Jane's experience of them is affecting her health. What exactly did the letter say?John knows because Jane is unstable and told him and showed him the letter when drunk
the basis of the letter is that John who returned to the family home in last few months due to Jane's drinking which is causing serious issues to their children is having a detrimental impact on Jane's health. Stating due to John back in the house is casing this stress. John agrees it is causing her stress that he is back in the family home but John is doing nothing in terms of abuse, just been there looking after his children is the issue.Counsellors don't deal with establishing facts, just how Jane's experience of them is affecting her health. What exactly did the letter say?
So the councilor wrote a letter saying John being in the house is causing Jane stress and John agrees it is causing her stress but for some reason you are asking if it is libel?the basis of the letter is that John who returned to the family home in last few months due to Jane's drinking which is causing serious issues to their children is having a detrimental impact on Jane's health. Stating due to John back in the house is casing this stress. John agrees it is causing her stress that he is back in the family home but John is doing nothing in terms of abuse, just been there looking after his children is the issue.
John has been accused of psychological and emotional abuse and coercive behavior which is false, the abuse is coming in the other direction from Jane, ie physical & verbal abuse witness by their children . John is not returning this abuse to Jane but rather he is staying quite in any confrontation that Jane instigates which is ongoing. Unfortunately Jane is irrational and this is acknowledged by her children and friends.So the councilor wrote a letter saying John being in the house is causing Jane stress and John agrees it is causing her stress but for some reason you are asking if it is libel?
There a much bigger story behind this and running to the courts threatening to sue a councillor for stating an opinion that John accepts is correct is only going to exasperate the situation and cost a small fortune.
That's very different to what you said was in the letter, but stating a person is accused of something is quite different to a stating it as fact.John has been accused of psychological and emotional abuse and coercive behavior which is false,
B) Is currently underway and chance hopefully not to go high court but only time will say, but I aware that is possibility especially in current climateJohn and Jane have some choices here.
A) enter mediation and hammer out an agreement. Cost will be less than 2k.
B) fight a full on divorce battle in the Circuit Court. Cost approx 20k and upwards
C) sue for defamation in the High Court. Cost approx 100k and upwards
Advice is hardly necessary.
Having been through a long and acrimonious divorce in which appalling allegations were made against my including child abuse and domestic violence I can say that it is an indescribably difficult thing to get through. I think that there must be a strong link between these situations and male suicide. All "John" can do it get thought it and maintain his dignity and integrity. In my case my children have little or no relationship with their mother and spend nearly all of their time with me. The older ones live with me and the youngest wants to. I also have an excellent relationship with my former in-laws. That is what matters and that is what people will see and they will form their opinions based on the facts.Not real names, divorce process started
If an ex partner Jane was seeing a counsellor for stress, depression , bereavement etc Jane is an Alcoholic.
If the counsellor put in writing to help Jane get a sick cert based on the things Jane said happened , such as psychological and emotional abuse and coercive behaviour by her ex John which was false and no garda or legal complaints ever made. All hear say from Jane.
Adult children aware none of this happened
If this letter was brought to the GP to help with getting the sick cert and therfore giving to Jane's employer. What grounds does John have in this matter.
Is this lible?
That requires two rational and reasonably reasonable people.John and Jane have some choices here.
A) enter mediation and hammer out an agreement. Cost will be less than 2k.
€20k each and upwards would be more like it.B) fight a full on divorce battle in the Circuit Court. Cost approx 20k and upwards
Pointless though because even if jane repeats the accusations under oath perjury doesn't seem to be a crime in this country.C) sue for defamation in the High Court. Cost approx 100k and upwards
Thanks for information and John will take onboard what you said and glad to hear a good ending in your situation.Having been through a long and acrimonious divorce in which appalling allegations were made against my including child abuse and domestic violence I can say that it is an indescribably difficult thing to get through. I think that there must be a strong link between these situations and male suicide. All "John" can do it get thought it and maintain his dignity and integrity. In my case my children have little or no relationship with their mother and spend nearly all of their time with me. The older ones live with me and the youngest wants to. I also have an excellent relationship with my former in-laws. That is what matters and that is what people will see and they will form their opinions based on the facts.
"Jane" needs her support network and needs to vent. She is still the children's mother and that should temper John's anger, understandable that it may be.
The Family Law courts hear this stuff every day and put very little store in it. They are interested in the financial welfare of the children and, where income and assets allow, an equal division of the loot. Jan won't get here "day in court" where she gets to tell a Judge what a terrible person John is. That only happens on Judge Judy.
Tks for very good pointsThat requires two rational and reasonably reasonable people.
€20k each and upwards would be more like it.
Pointless though because even if jane repeats the accusations under oath perjury doesn't seem to be a crime in this country.
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