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Child Arrangements Order
#1
Hello Everyone,

This is a very delicate matter so I will keep the background as light as possible.

I was charged with possession of indecent images of children in Feb 2016, the case was subsequently dismissed by the CPS as they stated my explaination was backed up by their forensic analysis of my computer. The pics were sent to me uninvited, they were stored without my knowledge and were not accessed after the date of them being sent. Also there were no other images found on other electronic devices that were analysed. No email/website/search terms/conversations/dark web software or anything.

The pics were sent to my Yahoo account (linked to my name/phone)

Social services implemented a Child Protection Plan to determine what danger I posed to my childred (using balance of probability) However despite a 12 month investigate and having sought the evidence held by the CPS they have decided that they cannot determine whether I am a danger to my children (so in terms of balance of probability it is 50/50) Social Services have also refused to conduct a finding of fact investigation in this matter.

They have discharged the CPP under the none legally binding decision that the children are safe with my wife and with me continuing to have supervised access to my children with my family.

I dispute that I am a danger to my children and do not accept the findings of the Social Services.

We are now going through a very toxic divorce (my wife said she would stand by me if I wasnt charged but I was)

She believes that I am guilty and that the Social Services recommendation is right (I have always had grave concerns that the relationship between my wife and Social Services has been to defend her wants and not the safety of the children, but that's another matter). My wife has also spoken of me lying in the past as a sign of untrustworthyness (though CPS found me to be telling the truth in relation to the arrest) and also made vague allegations of domestic mental abuse (again I wholly deny this)

I believe that my only recourse is to challenge the current arrangements through a Child Arrangements Order. I will for financial reasons have to represent myself. I believe I can sufficiently prove on balance of probabilty that the reasons for recommendation of Social Services does not meet the required balance of probability and therefore should not be considered.

Your thoughts on this matter would be greatly appreciated and I understand the social stigma of what I was charged with, however I am telling the truth.
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#2
I have private messaged you some info - all is not lost.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
Thanks I I
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#4
(02-08-2017, 12:24 PM)RMANIC Wrote: Hello Everyone,

This is a very delicate matter so I will keep the background as light as possible.

I was charged with possession of indecent images of children in Feb 2016, the case was subsequently dismissed by the CPS as they stated my explaination was backed up by their forensic analysis of my computer. The pics were sent to me uninvited, they were stored without my knowledge and were not accessed after the date of them being sent. Also there were no other images found on other electronic devices that were analysed. No email/website/search terms/conversations/dark web software or anything.

The pics were sent to my Yahoo account (linked to my name/phone)

Social services implemented a Child Protection Plan to determine what danger I posed to my childred (using balance of probability) However despite a 12 month investigate and having sought the evidence held by the CPS they have decided that they cannot determine whether I am a danger to my children (so in terms of balance of probability it is 50/50) Social Services have also refused to conduct a finding of fact investigation in this matter.

They have discharged the CPP under the none legally binding decision that the children are safe with my wife and with me continuing to have supervised access to my children with my family.

I dispute that I am a danger to my children and do not accept the findings of the Social Services.

We are now going through a very toxic divorce (my wife said she would stand by me if I wasnt charged but I was)

She believes that I am guilty and that the Social Services recommendation is right (I have always had grave concerns that the relationship between my wife and Social Services has been to defend her wants and not the safety of the children, but that's another matter). My wife has also spoken of me lying in the past as a sign of untrustworthyness (though CPS found me to be telling the truth in relation to the arrest) and also made vague allegations of domestic mental abuse (again I wholly deny this)

I believe that my only recourse is to challenge the current arrangements through a Child Arrangements Order. I will for financial reasons have to represent myself. I believe I can sufficiently prove on balance of probabilty that the reasons for recommendation of Social Services does not meet the required balance of probability and therefore should not be considered.

Your thoughts on this matter would be greatly appreciated and I understand the social stigma of what I was charged with, however I am telling the truth.

This is one for the Courts, no need for Mediation due to the allegations.

Fill in a C100, be very clear that there has been a Police Investigation and you will exhibit the CPS Findings as part of your Position Statement. You have no pushed the issue for contact as yet, as Social Services was also doing their own investigation, what has not found any evidence of wrong doing.

At this time, I feel that your best chance of getting contact in place, is to only seek typical contact along the lines of Friday till Sunday, every 2 weeks, and up to half school holidays. Perhaps indirect contact via telephone call on the week you do not have the child is best.

When you file the C100, Cafcass will be in contact to do a Safeguarding Statement for the Court.

How I expect things to do will be at the First Hearing, the Judge will order
a, Position Statements from both sides (you will get 2 or 3 weeks to do this)
b, A Section 7 will be Ordered, what will detail Social Services involvement with the children up to now
c, That Cafcass will be put in as a Guardian, to look after the Child's best interest
d, That Legal Aid will be granted for the Guardian, to put a Solicitor in for the Child.

You can ask for an Interim Order at that stage, but as the Judge has Duty of Care pending expert opinion, you might only be offered the chance for Contact Centre. Its important you do not offer that, as your agreeing its needed, but if the Court tells you its that or nothing, you can do it without accepting in law the need for it.

Whatever Cafcass, Social Services or your ex put in any statements/reports, you will be able to have them set down for a "Finding of Fact" hearing. Either they can evidence it happened, or the court can not consider it.
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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#5
Thank you Mark,

I have already asked for mediation through her solicitor so expect to get a no as a reply and I will go straight to the C100.

I totally agree with your comments about weekend/holidays/telepone and that if Contact Centre is offered then I should accept but not offer it myself.

It is their refusal to conduct a Finding of Fact that makes me (even in paranoia) believe they havent' completed a proper investigation.

Thanks again
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#6
(02-08-2017, 12:50 PM)RMANIC Wrote: Thank you Mark,

I have already asked for mediation through her solicitor so expect to get a no as a reply and I will go straight to the C100.

I totally agree with your comments about weekend/holidays/telepone and that if Contact Centre is offered then I should accept but not offer it myself.

It is their refusal to conduct a Finding of Fact that makes me (even in paranoia) believe they havent' completed a proper investigation.

Thanks again

Their Finding of Fact hearing would be be admissible in Family Court Action.

How it works is the person saying something has to evidence it to the Judge, who has to be shown beyond reasonable doubt that it happened.
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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#7
Mark,

Thank you again.

Social Services have said that they would conduct a Section 7 report that would support my wife, but I assume a judge would want a Finding of Fact as well?

Rob
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#8
(02-08-2017, 01:16 PM)RMANIC Wrote: Mark,

Thank you again.

Social Services have said that they would conduct a Section 7 report that would support my wife, but I assume a judge would want a Finding of Fact as well?

Rob

In my own case, they submited a 46 page Section 7 supporting my ex.
I filled my own 42 page responce to it.
Cafcass put a 3 page Position Statement in.

The Court went with what I wanted, suppered by Cafcass.

In your case, once you get the seciton 7, file a responce. Highlight how the come to form the opinion that they have, asking where the supporting evidance of fact is?
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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