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Contact being revoked after false accusation of abuse
#1
Hi,

I'm new to this completely so please bear with me.
I split with my partner a year ago, and after a brief spell of no contact, ended up having my 4 yo daughter every other weekend.
This was on the basis that she could see me whenever she wanted and that any sleepovers were up to her - not an issue for me.

Recently, she'd started expressing interest in staying over and seeing me more, and that is where everything went wrong.

In the past few months, I've been falsely accused of violently abusing my daughter. Social Services got involved (the mother denies contacting them), and my daughter was interviewed. During he interview, she'd stated that I hadn't hit her, and that her mother is making her tell people lies.
Social Services are not going to pursue the complaint any further due to this information.

My Ex is now refusing access and any contact with my daughter until a discussion regarding what happened takes place.
I'm fairly reticent to do this in a non professional environment as she has proved herself to be untrustworthy, and more accusations will inevitably follow.

I want to get a legally binding agreement in place whereby my access and contact is reinstated and protected.
I don't believe that she would stick to anything that wasn't enforceable in court, so I'm fairly sceptical of mediation.

Can anyone advise of how I would go about this, and what processes I would need to follow?
I understand that all cases are different and things will change, I just don't know where to start and feel swamped ny the whole thing.

Any help would be appreciated.
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#2
(10-21-2016, 04:03 PM)ezeepete Wrote: Hi,

I'm new to this completely so please bear with me.
I split with my partner a year ago, and after a brief spell of no contact, ended up having my 4 yo daughter every other weekend.
This was on the basis that she could see me whenever she wanted and that any sleepovers were up to her - not an issue for me.

Recently, she'd started expressing interest in staying over and seeing me more, and that is where everything went wrong.

In the past few months, I've been falsely accused of violently abusing my daughter. Social Services got involved (the mother denies contacting them), and my daughter was interviewed. During he interview, she'd stated that I hadn't hit her, and that her mother is making her tell people lies.
Social Services are not going to pursue the complaint any further due to this information.

My Ex is now refusing access and any contact with my daughter until a discussion regarding what happened takes place.
I'm fairly reticent to do this in a non professional environment as she has proved herself to be untrustworthy, and more accusations will inevitably follow.

I want to get a legally binding agreement in place whereby my access and contact is reinstated and protected.
I don't believe that she would stick to anything that wasn't enforceable in court, so I'm fairly sceptical of mediation.

Can anyone advise of how I would go about this, and what processes I would need to follow?
I understand that all cases are different and things will change, I just don't know where to start and feel swamped ny the whole thing.

Any help would be appreciated.

Apply direct to court, claiming exempt from Mediation due to a False Allegation made to Social Services, who have already investigated.

You want a Child Arrangements Order.

At the First Hearing the Judge will decide what reports/statements they want. In your case, it will be Position Statements what you will have 2-3 weeks to do, and a Section 7 Report from Social Services, what will show the Judge their involvement and findings.

If your not contesting Residency, then for information typical orders are
Friday till Sunday, every 2 weeks.
Up to Half school holidays, if you can not do 6.5 weeks, I advise along the lines of 1 week Easter and Christmas, and 2 weeks in the Summer. Other school holidays are only 1 week, so there would be a normal weekend at the start or end of them.

More towards shared care would involve mid week contact, what might be a visit for play and dinner, or over night.

You would be considered as being reasonable  if you wanted 1 visit on the week you have the child, and 1 or 2 on the other week (perhaps 1 overnight).

The main areas a Judge looks at, is are you being reasonable and does it leave your ex "Quality time". Orders are made considering your availability, and your ex partners preferred times have no bearing on it. Its up to her to make any child care arrangements outside of your contact time.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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