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false allegations in lives with cases
#1
Quick question
In a case where child lives with mother and spends time with father, when mother makes (false) allegations, the protocol as far as I understand, is investigation by social services and/or police, and stopping contact in the meantime. Once allegations are dismissed contact is reinstated as per SS recommendations or back to same as before depending on the situation I guess. It seems authorities still have to go through this procedure even if ex has made several false allegations before 

What happens if mother does the same, falsely accuses dad, but theres a lives with both order in place? Can SS/police etc still stop contact between father & child whilst they're investigating, or they will need to allow the child to still be in fathers care whilst they carry out their investigation because child lives with father?
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#2
Anybody who might know the law or procedure on this?
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#3
I spoke about this potential scenario with the CAFCASS officer, their official line response was that, they don't recommend stopping the contact by one parent, instead go to court to vary the order. She almost implied that stopping the contact after the order is made will go against the parent who stopped the contact.
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#4
Well that never happens. Every time ex falsely accuses me social services tells her to stop contact whilst they investigate, which just prompts her to keep the allegations coming. Of course they tell her to reinstate it once allegations are dismissed, but this starting and stopping of contact is not healthy for my child and its frustrating to me how she can get away with it. I'm going for residency now and just wondering if the law is the same if its lives with both, as she can of course make the case that son made disclosures and its dangerous for him to live with me so that should be stopped whilst they investigate, just like now.

And of course, ex continues to stop contact when allegations are dismissed and social services say to reinstate it. When I pressure SS they say they don't have authority to force ex to reinstate it. So they have authority to stop it but not to reinstate? Isn't that convenient!!!
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#5
(08-12-2019, 07:57 PM)Tigre Wrote: Quick question
In a case where child lives with mother and spends time with father, when mother makes (false) allegations, the protocol as far as I understand, is investigation by social services and/or police, and stopping contact in the meantime. Once allegations are dismissed contact is reinstated as per SS recommendations or back to same as before depending on the situation I guess. It seems authorities still have to go through this procedure even if ex has made several false allegations before 

What happens if mother does the same, falsely accuses dad, but theres a lives with both order in place? Can SS/police etc still stop contact between father & child whilst they're investigating, or they will need to allow the child to still be in fathers care whilst they carry out their investigation because child lives with father?

It’s an interesting question.

https://www.familylives.org.uk/advice/yo...ur-family/

Families often feel anxious at the prospect of social services’ involvement because of experiences they may have heard from others, or just because they are frightened that social workers will remove their children from the family home.  
 
These fears are natural but a child will only be removed if there is very clear evidence that they are at risk of significant harm, and there is a court order in place too. If they consider that your child is in immediate danger, the police can take a child into ‘police protection’, but they have to return your child to your care within the next 48 hours unless the court makes an Emergency Protection Order (EPO). 
 
By that logic you’d think that if there’s a “lives with” order for both parents (so the child actually has two homes) then SS wouldn’t remove a child immediately from the care of one parent, before any investigations into allegations have taken place.
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#6
Thanks! Interesting indeed! I certainly hope thats correct . I will try to ask a barrister about this and will post an update once I know more.
Thank you!
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