Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I have just seen this news article and it has huge ramifications for those going through the courts fighting PA
It is a trial that is being ran via CAFCASS that if is parent alienates or "coaches" a child into resenting the other parent it is now considered an offence.
The big point there is it only a trial, this will probably then be subject to a review of it's successes and failures and that MAY then be implemented/changed or scrapped.
I for one welcome this particular change, but there are a number that are going through a consultation period atm that will have drastic effects for dads myself included. The main one being below
Including if domestic abuse is claimed (Only claimed remember, no proof required) then the "victim" is not going to be cross examined on their allegations, to protect them from suffering the memories of the abuse again. I for one believe this to be a horribly one sided decision. How are you supposed to proved claims false or holey fabricated with no way of cross examination...this will lead to more false statements of domestic abuse because it makes the "victim's" case a lot harder to argue against.
I do get part of the reasoning behind them bringing in this to prevent an alleged victim being cross examined if they truly were a victim as yes the abuser could be seen to be using that to further abuse the victim.
However, i have to agree with Ironman, how can you then disprove allegations when you know the other party is lying and making false allegations if you cannot afford a solicitor to speak for you?
This will be a serious problem for anyone being accused of something they've not done and not having representation, and in my opinion will lead to way more false allegations being made.
You only have to see the rise in allegations of DV since legal aid was cut for contact disputes without DV / DA having been inthe relationship!
I agree - I can see the reasoning behind this, but it does make a mockery of innocent until proven guilty.
There will have to be a way of questioning, even if it doesn't come directly from the alleged abuser.
Abuse cases aside - cross examination undertaken directly with the other party is often a disaster in my experience as it regularly ends with the parties arguing.
I brought this up with CAFCASS today who confirmed that they are aware and what will now entail is an additional hearing to decide if/how the applicant would answer the questions if domestic/sexual abuse is claimed.
This can be the accused pre-writing the questions and a judge asking them, the "victim" answering them from another room/behind a screen or in worst cases not answering them at all at the courts discretion.
Just another blow in the face of innocence and more time to get through court
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.