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[Solved] Fact Finding Help

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Posts: 39
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Topic starter
(@kierana001)
Trusted Member
Joined: 7 years ago

Hi,

So basically I broke up with my ex in January. Haven't seen my son since; the mother has been putting false allegations against me to stop me from seeing my son. Today I had my first meeting with Cafcass in which they stated it would be in my son's interest to get some contact arrangements made. However, the mother refused any form of contact in regards to me seeing my son; even in a contact center.

Long story short, I have dealt with the non-molestation order she had falsely put against me and the court stated no evidence of the allegations were found during the trial. e.g. Physical violence (slapping, punching, black eyes, cracked lips etc), drug use and I am being accused of being an alcoholic by the mother. So, I felt like Cafcass was actually on my side.

I went into the court room (as it was a safeguarding court meeting) and the two judges also agreed it might be in Kai's best interest for me to go to a contact center. I did try and push Cafcass for me to get my son to live with me, but didn't continue with this after the main lady (the one doing all the speaking and notes in the court room) stated I have to do a finding of fact.

I don't believe I have to do anything for Cafcass now and my solicitor is annoyed I have to do a finding of fact, as the court isn't letting me see my son until this is carried out. (just delays the process)...

Things I want to know is, can the mother stop me from indefinitely seeing my son, as I have heard even if the courts suspect the tiniest thing, that I won't see my son at all! I think this is a bit unfair, I am not sure how the fact finding works. Do any of you have any advice for me to get the best possible outcome. The mother essentially now has the bull in her court, as she can just throw a load of questions at me and put me on the spot; even if I didn't answer essentially wouldn't that go in her favor?

17 Replies
Posts: 1306
Registered
(@dad-i-d)
Noble Member
Joined: 14 years ago

As you have a solicitor that's something you have you can get legal questions answered.

With regards to "can the mother stop me from indefinitely seeing my son" if the courts decide there is no reason to stop you from seeing your child then legally no she cannot, however, that may not stop her from trying to if she's like my ex!

If she's that way inclined then it coud take a lot to get through to her that she's not doing whats best for your child if she prevents contact.

all you can do is keep your nose clean, jump through hoops and do everything to apease the courts, above all else be truthful and honest. the ones lying will be seen through eventually or straight away if you get a good judge and CAFCASS officer....those are a bit of a lottery if you read many of the members stories.
There are good results and bad results, just don't give up

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Posts: 39
Registered
Topic starter
(@kierana001)
Trusted Member
Joined: 7 years ago

Hi,

Thanks for your reply; do you know essentially what happens at the fact finding though, would I just get asked questions?

I just want to make sure I'm 100% prepared for everything she has to chuck at me!

I also tried to get Cafcass to tell the courts I think it's in my son's best interest for him to live with me, due to his mums alcohol issues, in addition my son's mum's mum is physically and emotionally abusive towards my son's mum. I told cafcass this as well, but it seems the court this time round favoured the mother over me! Is there anyway I can fight this?

Thanks 🙂

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Posts: 1306
Registered
(@dad-i-d)
Noble Member
Joined: 14 years ago

At a Finding of Fact there will be a list of alleagtions or points that need to be looked at as to what is true and what is not. Generally a list of items in dispute.
Your ex no doubt will have a list and you will too, someone will correct me if i'm wrong but these should be laid out in a Scott Schedule (there are previous posts on the forum with more detail)
you will get chance to challenge each one and either admit what the dispute is or deny it and offer proof or explanation as to what the truth is.

https://dad.info/forum/legal-eagle/49116-scott-schedule-finding-of-fact?limitstart=0
https://dad.info/forum/legal-eagle/49116-scott-schedule-finding-of-fact#87962

For some reason it won't let me search back further than a year, i know there should be more available as i asked these questions back in 2011 and 2012 and have seen several over the years

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Posts: 39
Registered
Topic starter
(@kierana001)
Trusted Member
Joined: 7 years ago

As far as I'm aware it's only my ex that does the scott schedule as the courts mentioned her allegations of domestic abuse are quite serious. I think this is unfair how the courts have automatically got my ex to do a Scott schedule on me and not vice versa. So She's essentially aloud to question me on her false allegations but I am not aloud to carry out a finding of fact on her.

I was told by my solicitor to send a response to each of the allegations just wasn't sure if this needed to be done on the Scott schedule I get back from mother?

I was also told to write a written statement out of my evidence setting out what I will say in court about the disputed allegations. Do I include screenshots, and stuff in my written statement or is this purely for my benefit only?

I think it's unfair how the mother could potentially get a witness such as a family member or mate to lie. I'm assuming this would still be on her favour? If she's evil as I know her to be she'll probably get someone to make a false witness statement. How would I fight a false witness statement written by a friend or family member?

When it also states the parties must send copies of any documents they wish to use in support of their evidence with the list and their statements. Does this just apply to the supporting evidence regarding her false allegations that she will include in her Scott report, or can I include other documents that show acts of incorporation as such.

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