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Financial proceedings - Any advice for continued false dv allegations?
#1
Hi All,

Long story short - I have child contact through a court order. Throughout the duration of the court case plenty of false accusations have been levelled against me, all of which were successfully batted away and I have the contact I wanted and deserve. We have been separated for over 2.5 years.

I am now about to be served with papers for financial proceedings with an exemption from attending an MIAM due to domestic violence, specifically:

(j) a letter or report from a health professional who has access to the medical records of a prospective party confirming that that professional, or another health professional –
(i) has examined any prospective party in person within the sixty month period immediately preceding the date of the application; and
(ii) was satisfied following that examination that that party had injuries or a condition consistent with those of a victim of domestic violence;

This is all nonsense again but what is this likely to be? A letter from her GP stating she has anxiety? Im guessing this is also the crutch she will use to say why she cant work making me fight to not have to pay spousal maintenance...(she has a masters degree in teaching and our daughter is in full time school now, so could be working quite easily).

Will it have any bearing on the case? Im so tired of having to fight these ridiculous allegations over and over again......I am at my wits end.
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#2
(01-04-2018, 02:52 PM)ADTR_2014 Wrote: Hi All,

Long story short - I have child contact through a court order. Throughout the duration of the court case plenty of false accusations have been levelled against me, all of which were successfully batted away and I have the contact I wanted and deserve. We have been separated for over 2.5 years.

I am now about to be served with papers for financial proceedings with an exemption from attending an MIAM due to domestic violence, specifically:

(j) a letter or report from a health professional who has access to the medical records of a prospective party confirming that that professional, or another health professional –
(i) has examined any prospective party in person within the sixty month period immediately preceding the date of the application; and
(ii) was satisfied following that examination that that party had injuries or a condition consistent with those of a victim of domestic violence;

This is all nonsense again but what is this likely to be? A letter from her GP stating she has anxiety? Im guessing this is also the crutch she will use to say why she cant work making me fight to not have to pay spousal maintenance...(she has a masters degree in teaching and our daughter is in full time school now, so could be working quite easily).

Will it have any bearing on the case? Im so tired of having to fight these ridiculous allegations over and over again......I am at my wits end.

Sorry to hear that you're in this situation.

I don't really have an answer but my ex is also trying to secure legal aid.  She is claiming domestic abuse (no violence) and apparently her GP has given her a letter as required by the legal aid agency.  Whether she actually gets is or not, remains to be seen.

In my case, she has attended mediation (which isn't going anywhere as she wants everything), but still applying for legal aid based on DA allegations. 

As I understand, DA allegations don't have much relevance to financial settlement unless there are some exceptional circumstances.  As you've already dealt with similar allegations during your child contact court case, it'd be hard to bring anything new now given that you have been separated for and long time.

I'm sure that someone else with more knowledge and experience can provide a more helpful answer.
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#3
Thanks for the reply and sorry to hear you are in the same boat.

She has always alleged abuse rather than violence, I think its just the wording of the "Form A" required to start proceedings.

I have found the templates required to submit to legal aid and they are very vague at best, almost acknowledging that every condition under the sun could be consistent with domestic abuse and that a signed letter doesn't constitute evidence for civil or criminal cases. Link for anyone how is interested (https://www.gov.uk/government/publicatio...c-violence). It was kind of shocking to me how easy it is for something like to be obtained and then used against innocent people. It's criminal that so many of us can go through these torturous allegations at high cost, emotionally and financially with no implications for the people making the false allegations. I do understand why these systems exist, there are people out there who really need the help, but the misuse of the system is surely getting out of hand !?!

My guess would be that she is going to claim she can't work due to the alleged DA (anxiety or some such) and that's where I come in with spousal maintenance and a lump sum payment (i bought a house post separation completely on my own - there were not marital monies from the separation).

In reality, she is far better educated than I am and has the capacity to earn as much as I do but she just can't be bothered.

It really bothers me that she can accuse all this, use it as an excuse for not working and yet for the past 2 years I have worked really hard, provided for my family, paid bills, reduced debt and not missed a payment on anything and yet I am now supposed to give her money despite her allegations putting me through hell and potentially losing me my job?? It's infuriating!

phew....rant over.....
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