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I need your help. I don't know if anyone here has any experience of this and can advise, I'm hoping so.
The Guardian is recommending a fact finding so the judge can decide if abuse took place and if so who the perpetrator was so she can then decide on what contact the children should have with him. The Guardian has decided the child can give evidence to the court, he's under 7. His barrister has terrified him by saying family court makes decisions differently and the threshold is lower. His ex and child are accomplished liars, although in the child's case this is because he's been expertly coached by his sociopathic mother, and everyone has believed them so far other than the police and CPS. The Guardian hasn't spoken to him, refused to in fact, since the allegations were made almost a year ago, the judge is a new one, he's never had the same judge twice in three years. His major fear now is if the family court decide he probably did abuse the child, I honestly promise you he did no such thing, could he then be rearrested? Given his ex tried to appeal the CPS decision not to prosecute I'm sure she would push for this if she could.
On the plus side, but I'm the only one who thinks this, there is evidence stacking up against ex that she is a liar and the boyfriend is a bully.
He's lost faith in everyone and thinks they are all out to prove he's an abuser, to be fair no one has ever given him any reason to think otherwise. Is it worth going on or should he stop this now and save his sanity. Can anyone help?
To be honest Harli I don't think it's as simple as just stopping... the court would have that decision and asking to withdraw now might look like an admission of guilt...if they decide to go ahead, the request to withdraw may be interpreted negatively.
The threshold is indeed lower in a private family case, I'm not sure if she would be able to pursue it through the criminal court again, as the threshold wasn't met before as far as that's concerned....I suppose she could take out a civil case, but my knowledge is sketchy with this type of situation I'm afraid.
I'm amazed they will be taking evidence from a child that's so young, it will probably be a chat with the judge in the judges chambers, rather than out in open court, but not having any experience of
this situation before, I could be wrong.
I really feel for you both, I know what some of these women are capable of, but ultimately the damage to the child can't be measured.
All th best
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