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Advice needed on false allegations and access to child

ok so she’s back at the house and has a spare car key. She might take the car. Although I know you have bigger worries but it wouldn’t help. Difficult time but I would keep away from her and try not to get into any discussions that could turn nasty. Don’t lose your cool - she might get out her phone and video you losing your cool.
 
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Sho said:
Yeah, she emptied the car too which had some work stuff in it. She is filing a DV case against me tomorrow and moving out. Child is 1.

How do you even fight back against false allegations? Surely, you can’t just do this because you ain’t getting your own way.
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I've learned to ignore it and ask her to produce evidence if she tries to raise it at court. Then stay focussed on being reasonable and doing what's best for the child.

I'm keen to co-parent amicably, if she wants to make herself look unreasonable, that's her choice.
 
Hi I have dad the MIAM and gained the certificate. Ex has completely stopped contact and I have no way of communicating. I have a strong suspicion that they have filed a Non-M and Occupation order last week. She will be trying to get free legal aid. Does anyone have any experience of this? How likely is that she will get legal aid? How long before the orders are granted and I am forced out of our shared house? I also suspect she has forged my signature to change my child’s legal name. I am filling in my C100 this afternoon. Do I just tick CAO for nature of application? Do I tick yes for ‘any form of domestic abuse’ ie against me? For who do the children currently live with do I have to put Mam and she hasn’t officially moved out but has stayed at her dads for the past couple of nights? I don’t have a solicitor yet but looks like I will have to get one after I have submitted the form. Sorry to bombard everyone but my head is all over the place.
 
Bit busy right now but this should help

www.dadswithkids.co.uk

How to complete the C100 Form

We thought a guide to completing the form could be useful. This is the C100 form for applying for a Child Arrangements Order, Specific Issues Order or Prohibited Steps Order. C100 form on .Gov website If you scroll down the page you will see...
www.dadswithkids.co.uk www.dadswithkids.co.uk

www.dadswithkids.co.uk

Sample wording for C100 application

Attached are two versions of sample wording for section 5b of the C100 form. The sample wording assumes it's for a Child Arrangements Application. One version is more of a straightforward application. The other version is more for if...
www.dadswithkids.co.uk www.dadswithkids.co.uk
 
Happy to look over it when youre done. What makes you think she has forged your signature to change child's name?
 
Hi there, similar situation to mine a couple of years ago.

She will very likely file a NMO, not much evidence is needed for this, if any. If it is ex-parte (without notice) then it will be granted and a return date in a week or two. It is unlikely she will get an occupation order in her favour as she has already left the house - this is what happened with me, ex left with kids and I stayed so no occ order granted. If she wanted an occ order she should have done it whilst living there but the fact she left shows she has somewhere else to stay. If she is granted a NMO then expect a knock on the door to be served with the order. If that happens then come back here for advice on the next steps - don't do anything in haste no matter how upset you are.

All the best.
 
Hi, just after some more advice. I have received 2 letters from my ex’s solicitor and i am not sure how to respond. Any idea how much a solicitor would charge to advise and draft a response? Also, any idea what I should be doing while waiting to hear back from submitting the CAO? Should I be prepping for the next step?
 
Don't worry about it too much. They are probably trying to intimidate you. You don't need a solicitor to reply, you can carefully respond with a brief response. If you do use a solicitor it is likely to run up a lot bills, with solicitors letters flying backwards and forwards arguing and not actually achieve anything. What do the solicitors letters say?
 
Just an update on my situation. I am busy prepping for my Cafcass interview later this week. My ex has cited domestic abuse on her c7 so I know that I will be quizzed on any allegations. I have not received the C1a form yet but I am expecting it any min. Our first hearing is then scheduled at the end of the month. With the X mentioning DA/DV what is likely to happen? Will the first hearing be postponed for fact finding etc. I was going to ask for an interim order but not sure how likely this will be granted. I am hoping for at least supervision in a contact centre, which I will need to pay for.

No doubt that allegations will slow the whole process down and I am assuming that I will need to contest them.

Has anyone got any advice or a heads up at this stage? Will I need legal representation at this stage? X has legal support, most likely through legal aid.

I still have not heard about a NMO although I was led to believe that this has been applied for. Not sure how long this takes to come back and if I fight vs it alongside the CAO.

Basically the x is throwing everything at me and still denying access.
 
False allegations of DV are so common it shouldn't delay the hearing. The courts have heard it all before.

She will have to list her allegations. You then refute them. The burden is on her to prove them, not for you to disprove them.

Regardless to allegations of dv the first hearing will still be needed.

The usual order is, first hearing. If necessary a fact finding then may be set a few weeks later, then a final hearing, again a few weeks after that.

At the first hearing you can request supervised interim contact. This could be a family member or friend. It doesn't have to be a contact centre.
 
Hi, all.

I have section 7 coming up. Any tips?

Fact finding was kicked out but the ex is not dropping her allegations. She got an occupation order so I am currently living with my parents, who she is also accusing of being abusive.

Do I prove her lies to the Cafcass officer and do I highlight that she is using our child as a bargaining tool? The ex is trying to reduce interim contact and constantly threatening to stop contact despite no safeguarding.

Any help would be welcome.

Thanks
 
Sho said:
Hi, all.

I have section 7 coming up. Any tips?

Fact finding was kicked out but the ex is not dropping her allegations. She got an occupation order so I am currently living with my parents, who she is also accusing of being abusive.

Do I prove her lies to the Cafcass officer and do I highlight that she is using our child as a bargaining tool? The ex is trying to reduce interim contact and constantly threatening to stop contact despite no safeguarding.

Any help would be welcome.

Thanks
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@Sho curious to know on what grounds was the fact find kicked out? Have you had any interim contact?
 
UkDad said:
@Sho curious to know on what grounds was the fact find kicked out? Have you had any interim contact?
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Judge said that none of it was relevant. Allegations were name calling and coercive control. The more serious allegations listed in the Cafcass report were not mentioned in her Scott schedule. I have weekly supervised contact. Hoping for more at the next hearing.
 
Sho said:
Judge said that none of it was relevant. Allegations were name calling and coercive control. The more serious allegations listed in the Cafcass report were not mentioned in her Scott schedule. I have weekly supervised contact. Hoping for more at the next hearing.
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Is that in a contact centre?
 
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