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Hello,
I just wanted to get some ideas about an incident that happened in the court room today in relation to my app for shared residence.
My ex has made an allegation about my wife and despite a clearnace check carried out by cafcass in the last hearing ( a month ago, which returned back with no welfare issues) the judge agreed to cafcass suggestion of requesting my wife completes a consent form which means she has to have an enhanced CRB check etc all because the ex has been pushing for this.
My question is does she need to comply given the following:
a) The allegation in question allegedly happened at school where my son apparntly said not very nice things about his step mum. Since then a clearance check has been carried out which has returned negative, the school was written to and didn't have any concerns.
b) The allegation that was made happened several months ago, no action was taken by the ex but to obstruct contact and since has actually offered several additional increases in contact. Surely if she had any genuine welfare concerns these would have been raised and contact would have been minmised not increased!
We're not concerned as we know she has never done anything wrong or harmed any child but she is quite understandably upset that the courts and in particular a spiteful ex are involving her in this case and questioning her. More so, a judge and cafcass can't look beyond their noses and apply a bit of common sense to these spiteful acts?
Hi,
I would have thought given that it's a consent to carry out a check, she could say no, what I would say though is that although it's insulting and i'm sure goes against the grain what would you achieve by saying no to the enhanced check?
As you say there is nothing in the alagation and the school have no concern, so why not bite the bullet and allow it or you will give reason for concern.
The best ever bit of advice is to choose you battles, you could battle against whats right on this and hinder/hold up your case or just comply and show you are open and honest and ready to do what is needed.
I know it will leave a bitter taste but is it really worth fighting this one?
I agree totally with Darren except his very last sentence - while it's frustrating and annoying to submit to the CRB, it will give an element of victory presenting a 'clean' CRB check to the court, and is one more argument you can then make that your ex is making false allegations - basically, by asking for this, your ex is shooting herself in the foot.
As Darren says, pick your battles carefully - but this is one you win by agreeing to it.
Thank you very much guys. I've spoken to my wife and although she's upset, has agreed to complete the consent forms and will send this tommorow.
However, another question has popped up in relation to the statement I sent to the courts. Whilst I argued my points in favour of shared resiedence, I have now stumbled on case law which i think could prove useful to my case.
I am however, worried, since the judge in the last hearing asked us whether we would like to provide further statements and we both said no. Is there anyway I can get the judge to agree to use these without infuriating him?
Not sure, yoji may be more able to answer this, but what is the case law you've found?
Just the usual: AvA, DvD etc. None of them specifically apply to the casse but would be useful to reference what judges were saying when granting these orders.
Hi Iron Man,
In reference to the case at the moment. Although a few sites i.e. Custody Minefield... raise things such as stating case law i.e. similar cases... its very rare that they are needed to be drawn on. In my experience its not needed.
As you have complied with all elements of Court, CAFCASS and the Mothers request... what more can the Defence possibly throw up?
I have a few more questions:
How old is your Son?
How long have you been separated?
At the end of the day imo you need to basically be able to have yourself in a position to say that you've jumped through all the hoops and there should now be no issue with Shared Residence going ahead. Your ex imo is behaving very irrationally and its common of Mothers to try and argue the "protecting" line. Hopefully your Judge will be more than familiar with the tactics to stall the order going ahead.
I had to have a ENHANCED crb check done, didn't agree with it, but it came back clear!!!! Let her shot herself in the foot. Those who shout the loudest have the most to hide!!... It boils down to jealousy. I took great pride in the court of having a clear CRB, almost smug!
An excellent first step - it won't be the last time probably that your ex tries this, but now you know how to turn a negative into a positive π
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