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court aftermath
#1
hi everyone hope all is well. i posted a few times before and the help was massive so before i start just want to say thank you .

I attended my first hearing a few days ago representing myself. Everthing went well upto the point where she start bring up accusation of abuse. now the court set another date in which  she has to make all her accusation to the court and then i have to answer to the accusations. can anyone shared some light on this and what is my next move. thnaks
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#2
Normally courts will direct Cafcass to undertake a sec 7 assessment with their recommendations. Nothing to worry about at this point . I self represented right through as a resident parent but got shafted at the final hearing. My mistake as I couldn't get anyone legal to represent me at short notice.

Best to start to keep a diary of everything , phone call etc . As it will all help.
Keep a note to what has been discussed with Cafcass as the report may not read to well.
Hopefully your get a picture of what direction the case will go at your next hearing.

Good luck.
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#3
Did she disclose any of these in her C1 also which type of abuse DV?
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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#4
(01-28-2018, 09:19 PM)invisibleintellectual Wrote: Did she disclose any of these in her C1 also which type of abuse DV?

yes she tired getting me done for rape last year and also DV with no evidence so the judge had thown the case out now she is trying to used it again so i can see my daughter. 

(01-28-2018, 08:42 PM)asd1270 Wrote: Normally courts will direct  Cafcass to undertake a sec 7 assessment with their recommendations. Nothing to worry about at this point . I self represented right through as a resident parent but got shafted at the final hearing. My mistake as I couldn't get  anyone legal to represent me at short notice.

Best to start to keep a diary of everything , phone call etc . As it will all help.
Keep a note to what has been discussed with Cafcass as the report may not read to well.
Hopefully your get a picture of what direction the case will go at your next hearing.

Good luck.


what happened at the final hearing ? if you dont mind me asking
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#5
I'm in the same situation as you. Applied to court to have my child returned to the home she's known since birth after being missing for the best part of a month with no contact.

ONLY upon receipt of my application to court, in which the court actually ordered the child be returned to the care of both parents forthwith and the home they had known since birth did allegations of DV finally appear.

Unfortunately this seems to be the norm for mothers looking to deny contact with the child, turning the poor child into a possession.
What will happen next is they will have to produce a Scott Schedule of allegations, which you will have to respond to.

The burden of proof is on the mother here. While they can SAY anything they want, it is up to them to prove it - otherwise the court will treat it as false.
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#6
(01-29-2018, 03:10 PM)jono Wrote: how to i send the respond to the Schedule of allegations do i just email it to the court



I'm in the same situation as you. Applied to court to have my child returned to the home she's known since birth after being missing for the best part of a month with no contact.

ONLY upon receipt of my application to court, in which the court actually ordered the child be returned to the care of both parents forthwith and the home they had known since birth did allegations of DV finally appear.

Unfortunately this seems to be the norm for mothers looking to deny contact with the child, turning the poor child into a possession.
What will happen next is they will have to produce a Scott Schedule of allegations, which you will have to respond to.

The burden of proof is on the mother here. While they can SAY anything they want, it is up to them to prove it - otherwise the court will treat it as false.

how to i send the respond to the Schedule of allegations do i just email it to the court
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#7
(01-28-2018, 11:39 PM)kbmsylvester Wrote:
(01-28-2018, 09:19 PM)invisibleintellectual Wrote: Did she disclose any of these in her C1 also which type of abuse DV?

yes she tired getting me done for rape last year and also DV with no evidence so the judge had thown the case out now she is trying to used it again so i can see my daughter. 

(01-28-2018, 08:42 PM)asd1270 Wrote: Normally courts will direct  Cafcass to undertake a sec 7 assessment with their recommendations. Nothing to worry about at this point . I self represented right through as a resident parent but got shafted at the final hearing. My mistake as I couldn't get  anyone legal to represent me at short notice.

Best to start to keep a diary of everything , phone call etc . As it will all help.
Keep a note to what has been discussed with Cafcass as the report may not read to well.
Hopefully your get a picture of what direction the case will go at your next hearing.

Good luck.


what happened at the final hearing ? if you dont mind me asking
 The magistrates and Cafcass totally ignored all points raised by myself infact my own welfare check list incorporated in the position statement was so child proof that a monkey would have agreed that father is to remain resident parent.

However sadly the magistrates who are not experts in what is in the best interest of the child. they rely on Cafcass who do a 1 hour home visit to summarise you as a parent. 
The dodo court failed to even consider that my views of promoting the best interest of the child, given I have been an (expert of 25 year and not just 1 hour) to make appropriate recommendations was not good enough??? I am a Social worker working with safeguarding.

I found it totally disgusting that the system does not consider the childs best interest.
you do not place a child with a parent that has genuinely cause of concern especially if that child has been subject to Dometic violence or any other form of abuse. The mother in my case was the perpetrator and look how the courts dealt with that , They didnt .

I recommend if anyone is a resident parent (father )at the time of court proceeding get some legal counsel.
it will save you thousand as I have spent to appeal the final order and get a retrial. which is some consolation to the fuck up the courts had made making the order. The magistrates have no clue. seriously . They dont. They rely on the legal clerk.  The stress it has caused me and financially is hard to explain in just a few lines.

Just remember you are a parent and not them. U hold the argument of what is best fro your child. Be fair, considerate as both parent are as important to a child, regardless of parents disagreements. Again as long as it is safe to do so for the child.

When dealing with cafcass. Keep it short n brief and child focused, No need to blab on about lengthy historical stuff or he said she said.
that will only give them more fuel for the report and your end up getting a lazy officer not completing the checks that they should be doing.
read up on the welfare check list and make points referring to that. 

keep a record of everything EVERYTHING, telephone calls , texts , etc,
get a diary ,
Not any changes your see in your childs behavour following separation ,sleep and eating patterns, Before and after contact. Take pictures if needed or your child before contact and after. I have as when he goes to his violent mothers home for overnight (yes overnight as the order is fooked up until the retrial) he comes back looking like a zombie. bags under his eyes like he has had no sleep.


The courts are interested in one thing EVIDENCE IS THE KEY.

so keep a log of everything. If there is any marks or bruising which is unexplained after contact  take a pic. even if you may think it was probably from play. but  could be more serious so dont just settle thinking its ok. It may be something more seriously .ie neglect ,abuse.etc , I took a pic of my son with a swelled up eye socket. this was a year ago and reported it to both social and doctors.
mother stated it was an accident from him falling etc. ok fair enough accident happen.
I now have 6 other pic follwing that over a period of time, Like finger size bruising and red marks like when you slap a person. 
when I put all the pictures together it is SHocking .but when its just the one picture we all tend to brush it aside.

sorry for rambling,
I just hate when incompetent professional bulls up on something as important as keeping children safe.
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#8
I don't know the process after allegations are made, but asd is right in saying evidence is the key. And that can work for you too. Made sure I had letters, documents, all sorts showing certain allegations were false. Any document you can get to have to hand, to show what she claims can't be true. For example if she says on 6th May last year you hit her and you were working away from home that week - get a letter from your employer confirming you were away from home that week. Don't send these things to her Solicitor - keep them for your evidence. Anything you knock on the head at this stage, she will just find something else to accuse you of. If she says you have a history of alcohol and mental health problems and you haven't - get a letter (or medical history) from your GP showing this isn't the case. At a final hearing, she can be questioned on these false allegations and you have the evidence to show you're telling the truth. Because a lot of it by then is about the Judge trying to decide who is telling the truth. That is why evidence is key. Sadly they do not punish false allegations, because it's a family court not a criminal court.

Honestly they should change the law so no-one can make allegations like this without evidence up front. And if it needs to be investigated and nothing found, there should be a punishment for making false allegations. They should get a police record for it and a very hefty fine, or even a month in prison.
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#9
Thanks guys for all the help so far and I am sorry for all that you have been dealing with. I am at the point now where I have to submit all my evidence and my position to the court. Anyone has a idea how I go about doing that
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