Court 3: False Allegations, Cafcass and Representing Yourself

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Court 3: False Allegations, Cafcass and Representing Yourself

False allegations in family court

False allegations can occur in child arrangement disputes. They range from exaggerated claims about parenting to serious accusations of abuse, violence or neglect. The family court takes all allegations seriously and investigates them. How you respond matters regardless of severity.

Stay calm. Reacting with anger or making counter-accusations will rarely help your case. Focus on evidence and let the court process work.

Gather anything that contradicts the allegations. This might include text messages, emails, photos, medical records or witness statements. Organise materials by date and consider keeping a log of relevant incidents with times and any witnesses present. If you have evidence that directly shows an allegation is untrue, make sure your solicitor or the court sees it.

Do not try to contact the other parent to argue about what they have said. Always check the most recent court orders to confirm what contact arrangements and restrictions apply. Breaking them will damage your position. Communicate through solicitors or the court if needed.

Perjury means deliberately lying under oath and is a criminal offence. Someone proven to have lied in court can face prosecution and a prison sentence. In practice, perjury charges in family cases are rare. Proving a deliberate intent to deceive, rather than a difference of memory or perception, is difficult. Courts also tend to prioritise resolving family matters over pursuing criminal proceedings.

If you believe the other parent has lied, raise this with the court through proper channels. Point to specific evidence that contradicts their claims. Avoid accusing them of perjury directly unless you have clear proof. Judges are experienced at weighing conflicting accounts.

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Working with Cafcass

Cafcass stands for the Children and Family Court Advisory and Support Service. In contested child arrangement cases, the court will often ask Cafcass to prepare a report. Whether Cafcass becomes involved depends on the nature of the case and the court's discretion. A Cafcass officer, sometimes called a family court adviser, will speak to both parents and often to the children. They may also contact schools, GPs or social services.

The Cafcass report carries significant weight. Judges rely on it to understand the family situation from an independent perspective.

When you meet the Cafcass officer:

  • Be honest and straightforward
  • Focus on your child's needs rather than criticising the other parent
  • Provide relevant documents if asked
  • Stay calm even if you disagree with questions or feel the process is unfair

If you believe the Cafcass report contains errors of fact, you can raise this with the court. Write down the specific points you dispute and any evidence that supports your position. You can request a directions hearing to discuss these concerns before a final hearing. The judge can decide what weight to give different parts of the report.

You can complain to Cafcass directly if you feel the officer has acted improperly. Details of their complaints process are on the Cafcass website. Disagreeing with conclusions is not the same as misconduct by the officer.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Representing yourself in court

Many parents in family proceedings do not have a solicitor. If you are representing yourself, you are called a litigant in person.

Courts are used to this and will usually make some allowances. Judges may explain procedures and give you time to respond to questions. You are still expected to follow court rules, meet deadlines and behave appropriately.

Prepare thoroughly for each hearing. Read all the paperwork in advance. Know what orders you are asking for and why. Bring spare copies of any documents you want to refer to.

Speak clearly. In the magistrates' court, address magistrates as "Sir" or "Madam". In the county court, address the judge as "Judge" or "Your Honour". Do not interrupt. Take notes during the hearing.

If you are unsure about procedure, ask the court clerk before the hearing starts. You can also get guidance from the Citizens Advice website or Support Through Court, a charity that offers free practical and emotional support to people facing court without a lawyer. They do not give legal advice but can help you feel more prepared.

Legal aid is not available for most private family cases. It may be available where there is evidence of domestic abuse or child protection concerns, subject to means and merits tests. Some solicitors offer limited help, such as reviewing documents or advising on specific points, without taking on your whole case. This is sometimes called unbundled legal services.

Useful resources

The GOV.UK website has information on family court procedures, including the CB1 form for applying for child arrangements orders and guidance on what happens at hearings. Cafcass publishes guidance for parents explaining what to expect from their involvement.

Support Through Court operates at many court buildings and can help you understand what to expect on the day.

Keep records of everything. Courts rely on evidence, not impressions. The more organised you are, the better you can present your case.

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Ask Separated Dads a Question
Any brown 31/03/2023 at 4:35 pm
I see Curtis booth has made enemies! God forbid if I see the 4 eyed freak about
Gazza 29/06/2021 at 4:03 pm
Hi Anyone going through similar my wife soon to be ex was controlling situation with my 5 kids for 4 months supervised visits blocked phones alienated the older kids I tried MIAM mediation she refused back in April also the last time I spent time & had face time with the kids because i applied for Court no other option by the way as she stopped all contact as prior I was having supervised & phone contact, I was on the verge of seeing them on my own & I have a email from the wife saying this, But her mother caused a issue not the first time in the 4 months she had interfered, this caused the direction of court but my point being my wife was on the verge of coming around to me being on my own with the kids, But now she has made allegations of domestic abuse & something about my mental health & treatment, I have found out my 11 yr olds twins have told the School they don't want to see me, strange as I have not had any contact with the kids since before she sent the email? & all the kids prior that email had asked their Mum if the could see me on their own so seems strange the twins have changed their minds & my wife was coming around to the idea then because i take it to Court she starts the dirty tricks allegations? Do you think a District Judge will see through her game?
murdo 16/05/2021 at 5:48 pm
hi. 1st cafcass hearing is on Tuesday. My son is trying to get parental responsibility for his son. He was born last November and non of us has seen him.

His ex has claimed he is a drugs dealer. Totally false.
Will she have to prove false allegations?

My son has stuck to the truth throughout. He only wants contact with his baby boy
Craigo52 17/04/2021 at 7:43 am
Hi
I had a C79 application hearing against mother other week, and gave a 2nd amendment of 5 further breaches going into court.
I was left in shock of how representing yourself due to costs, even as a good father to your children , by remote hearing, the judge come on, said ge needed to adjourn case as defendent mother wasnt represented today as she didnt receive application papers and her solicitor couldnt make it, she told judge she chased it up and incorrect address was given for herself, it was a lie , address on C79 application on checking was correct, then week before I had returned kids after school hols 9 days and nights with myself, mum agreed they had a good time,
the judge then established ongoing access until her upcoming c100 hearing asking for amendments, to limit access further based on false allegations, where evidence in my c79 applications proves to be false, he actually quoted for her, intentions clearly send to him ahead my C79 application hearing, stating all the intentions and false allegations mothers making in her upcoming hearing, and used this as s bias yo set on going access contact for myself until her hearing!which ended up offering me 4 hours daytime conta t when you take drive time out of the six hours to and from my home, I had to decline this, as stating this would devastate kids, who dont like returning to mum as it is and wasnt prepared after just having them finally as per contact order, for a long period previously too to destroy particularly my oldest mentally and emotionally by accepting this contact it wasnt in their best interests and goes against current court order and the basis the judge led the defendent on was from evidence and allegations she is making in another upcoming hearing.Barely allowing me to speak but allowed mother to rattle of so many lies,these poor children they have have conta t constantly breached by mother since last year when made, now got same judge who made order, allowing mother to hijack the hearing I had waited 4 months to be heard to show how malicious shes been and affecting the boys mental and emotional health so badly mine too preventing us having the loving relationship we have together, which was supposed to be adjourned, to use the court hearing to put her own upcoming case forward in it, clearly led by the judge reciting for her what her solicitor had sent yo him pre hearing,
So only have phone contact now until then.
This, having clearly a biased hearing, the children left in huge emotional turmoil, having had their dad ripped away from them again, it's been 7 times since last year shes done it yo them, al, unfounded allegations, I finally defend myself by self representation with family help as I'm dyslexic, to ensure the boys rights and needs are met in their best interests and I'm trampled all over in a hearing that wasnt used for purpose and a judge clearly led by her solicitor who reckoned had to adjourn cae as her client wasnt represented.
Lost faith in
Equality 04/02/2021 at 12:47 am
I would like to thank the individual/s who run this website. You make a real difference!
Thank you for taking the time to assist those who’s only resource may be you.
Corruption investiga 02/01/2021 at 8:42 am
Has anyone lost their children/ baby at the hands of Croydon family courts. Socicial workers and cafcass workers?? from Sutton , Merton, kingston, Richmond, Bromley, wandsworth, have any of these social workers been from Zimbabwe, Ghana, Nigeria, South Africa, kenya.
Corruption investiga 02/01/2021 at 8:32 am
Katie stay with the truth, dont lie for someone else
Isla 05/10/2020 at 9:55 pm
I have recently had a case with my brother for Deputyship Order for an elderly relative but the Social Worker involved with my aunt has totally fabricated information to the courts but was backed up by my proof showing her lies. Where do I now stand at having her prosecuted for liable, malice, slander and deformation which has caused me severe distress and heartache etc?
Chels 26/09/2020 at 7:08 pm
My x is taking me to court for full custody of our son he got took to court by his father with a 2 year restraing order against him so my grandparents whom I lived with and my son took him in but most of the time he was at my grandparents he was abusive and a bully i left and went to my mum's it happened quiet alot he then moved out got his own flat and has applied to the courts for my son to live with him saying i live at my mum's i moved back when he left i thought I could not look after my child as he commented on everything I did when he had gone my relationship with my son is great ive got my confidence back and a really good mam but he is saying i live at my mum's still also ive got learning difficultys i have been assessed but he has its just lies ive told my ex he can have him anytime but not over nite as i think he would be at risk as he sometimes doesnt wake and has nearly hurt my son when he has nightmares not remembering but he said he wants full custody
Pinhead 11/06/2020 at 9:44 am
I have my first court hearing next month I would like too know one I need too send me opening statement too the court but do I also need too send it too my exs solicitor.
Many thanks
Chris 08/06/2020 at 3:10 pm
I have a court order in place where my children live with me due to their mother's emotional and mental abuse. When this was decided by the court and social services she appealed and it was rejected due to the evidence of abuse. She then cut all contact with them for 3 months. She was ruled to only be allowed supervised contact in a contact centre and supervised phone calls which were only permitted by myself and social services after discussion, she was again abusing the children during these calls so social services and myself decided in the best interest of the children they should be stopped. She has now put into court for a child arrangement order which has been given a date. Is there any way to avoid this going back to court and putting the children through all that again. Social services are aghast at this and I feel the court has not shown due diligence and checking the case records previous to setting a date for hearing. What can I do?
Mike 24/01/2020 at 11:17 pm
I need help & tips relating to repping myself in a final hearing.Cafcass has messed me around so much I’ve had to adjourn the case twice due to them not submitting a full S7 report, they cost me £1809 for a barrister which was listed for a final hearing only for them not to show up and get the case adjourned. I need tips to get the best result as I’m now skint. From what I’ve seen so far it’s more about getting magistrates on side n kidding arse but I’d love to hear from anyone that’s repped themselves in court.
Pakpak 16/10/2019 at 1:22 am
I have been in court battle since January 2018. My ex husband the step father of my son was abusing us he stole all our money we suffered tremendously including almost drowning me. And cafcass recommended for him to have PR ever since then he began to manipulate my son to live with him. He is an alcoholic confirm by lab report all of that cafcass still transferred my son to live with him in January 2019. Since then I have not spoken to or see my son. He has given me no contact with my son what so ever and keep saying the child doesnt want to see me. The child has not seen any member of my family also since then. This is a black child am black and the step father is white
I feel so lost I cry a lot I pray someone will hear my cry.
chriso 17/06/2019 at 11:45 pm
@concernednanny.after reading your post i see a lot off similarities with your story to my own story but the[ best advice you told your son] was get a [solicitor }.i didn't when my daughter was 5 and i myself have had orders on me witch makes it [extremely] hard then .but my daughter is grown up now big teenager with her own life[ the gods truth is she wouldn't even remember me]. that is how long its been years fly bye .but i think she would have turned out alright .so yeah good luck to your son bye the sounds off it he's going to need it i know from experience i have walked in he's shoes many years ago .tell him stay calm and let the solicitors work it out its the only way good luck .
Concerned Nanny 17/06/2019 at 11:21 am
My son was in a relationship with his ex for a coupe of years, resulting in my grandaughter who is now 5. They have been separated for 3 years. 2 years ago, she stopped my son from seeing his daughter and they had a huge fall out, resulting in my son going to the property and it all getting a bit heated. She blew things out of proportion and my son got arrested and ended up having a restraining order on him for 12 months, which he abided by. During that time, it became apparent that the mother was in an unsafe relationship and the children were put on an child protection plan. My son was then having his daughter for 3-4 nights a week during the last 12 - 18 months. The children are now off the plan. My son recently had cause to believe that someone with a violent past - being imprisoned twice for violence - was visiting the family home. My son went to speak to the mother and it all kicked off again - she recorded him being threatening and abusive. I have heard this and to be honest, he did get very angry but no physical violence was used. My grandaughter was not present at the time. She has now stopped my son from seeing his daughter again. He has now been served with a non-molestation order which has quite a few statements in it which are not true. I know that this time, she is trying everything she can to keep my son out of his daughters life. He is a good Dad and Him and my grandaughter love each other very much. I have advised him to go to the solicitor. Can any one help me with what happens now? All the way through this, I have been allowed to retain contact with my grandaughter and am allowed to continue this. Thanks
DD 22/03/2019 at 8:13 pm
My ex claimed I abused her to obtain UK visa after an 18month marriage. She has given 3 different statements, one saying I threw her out the house, others saying me and my family would beat her up most days and treat her like a slave.

Only constant thing in all 3 statements is that she said she was thrown out, in the family court when I mentioned the safety of my mother as my ex had ran off with my keys, she later on the spot changed her story saying she took the house keys...you don't get thrown out the house and then given houses keys, passport and suitcase.
Unfortunately in the family court my solicitor failed to write up any evidence and requested and comeback date which was denied - I was furious at my solicitor and had to accept, but denied the charges.

I have screen shots/text of 18/24 claims she made on her statement. One major claim was that I sent death threat to her, but because she lost her phone she lost the email. Any email I send to anyone gets tracked/ I get notification. She accessed 2 emails whilst IN the court waiting area, I also have record of her reading my 4-5 emails I sent almost 100 times ( case was I harassed her)she also later resigned the amended statement agreeing to the changes of me allowing access to a part of town.

The Home Office has allowed her to stay, but I wish to represent myself in court/high court. If I can get a criminal record put on her, she cannot stay permanently, whereas for now she can stay until the end of 2019.

Can I represent myself on this claim? I am not entitled to legal aid, but I cannot afford lawyers etc
AlWith2Kids 16/03/2019 at 7:00 pm
What should you do if a Cafcass officer has put a claim in her report about a previous report which is clearly and absolutely untrue? The report is available and not only is it not a safeguarding check on the individual in question, it barely refers to them. I am going to report this to the police but I get the impression that they will wriggle to avoid doing anything. (The officer has gone to considerable lengths to avoid any safeguarding on this person.)
Helen 29/01/2019 at 4:29 pm
My ex lies about me trying to stop seeing our I have text to prove it cafcass and court all believe saying I'm not trusted with money my bank details sat in the 7 year's of our son life he's paid to get of pay maintenance for our son he's very angry but he goes awayon holiday and leave here out he say i he never call son apart from hes birthday and Christmas he abusive to mensure and the kids x
Chez 25/12/2018 at 10:14 pm
My husband has been accused of abusing our granddaughter, he was arrested and bailed. But 4 days later the police after investigating said there was no evidence of abuse so NFA. That was over two years ago. Our grandchild has never said anything to anyone but the mother, my sons ex. We have not been able to see our granddaughter in a private dwelling for over two years. My son had been estranged from me, his dad, his sister and his niece and nephew for 3 years before the allegation. His ex tried to stop him from bringing the children, she has another daughter who is not my sons, but who he loved like his own, to see us. So when the allegation was made we had only seen the girls 6 times. On each of these occasions we were all together, my husband had not been left alone with either of the girls for one second, not for any other reason than we were so happy to have our son back that we spent all our time together. She has lied on several occasions but the court don’t seem to want to know. My husband is a broken man and it is now breaking our family to bits. My husband sees our other 2 grandchildren whenever he wants even picking them up from school and they are of similar age to our sons daughter. Please can someone give us advice, I am on the verge of a breakdown. My husband is a good man and doesn’t deserve this.
Emma 27/11/2018 at 9:42 pm
My husband has been in and out of court since 2010. He's meant to have 3 kids, 2 live with us, they moved in, in 2014 because their mother was abusing them. Now, since 2010 the kids mother has all 3 are his, she has even told the courts this. My husband hasn't seen his youngest since 2016, tonight she informed my husband (in a very mocking tone, almost gleefully) that his youngest isn't his. I've got to be honest, I personally think she has known the whole time. Where does my husband stand, she's lied to the courts, lied to cafass, and social services (who have investigated her 27 times in 6 years). There is a court order for the 2 children( one is 14 and suffers from ptsd the other is 11and suffers from attachment disorder because of the abuse @ their mothers house)to have contact with their younger sibling and their maternal grandmother but now they know their grandmother knew they don't want to go. Where do we stand with everything
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