[Solved] ++ False Allegation ++

http://protectingchildren.org.uk/cp-system/initial-assessment/s47-investigation/

I've provided a link to some info about an S47 report....it's quite a serious report to have ordered and I'm really glad that you have had a good result. I would say that it most definitely should form a part of court proceedings and as far as I know if you are already in the court process then the SS will file a copy of the report with the court as part of the case.

IMO I would most certainly reference the report and ask the court to consider the implications of such false allegations, now proven to be false, as far as the mothers ability to look after your child. The allegations must have been pretty serious for the authorities to consider instigating an S47 and with such hostility towards you there should be serious doubt about her suitability to continue to be the resident parent.

At the very least I would ask the court to make an order that she is to desist from making further unfounded accusations about you because of the distress that it has caused you over a protracted period of time.

Best of luck with it

Hi Nanny,

Extremely useful advice thank you.

Yes it was a serious and horrific allegation which placed this woman in a minority of women [censored] bent on excluding fathers from their children's lives for no other reason than cruelty.

I will certainly be referring to the report to help protect my daughter for the future.

Thank you again and keep up the good work and words of support.

John

...perhaps you could give the SS a call and ask them if the report has been, or is going to be filed with the court, if not then you could send a copy into court with a covering letter. It will then be on file as part of your case papers so that you are free to refer to it during the hearings.

If you do this it is court procedure to send a copy of the letter to other parties involved in the case.

Already sent a copy along with the C79 application to the court and relevant parties...

Thanks again.

Oh ok...I got the impression you were already in the court process, but you haven't had your first hearing yet then.

Best of luck and don't hesitate to ask if you need anything further.

Sorry Nanny,

My mistake, I should've been a bit clearer.

First hearing yes, but I have been back to court a few times already for her failing to follow then the contact order, now the chid arrangement order because of making false allegations and her just stopping contact.

This whole episode is another breach of the child arrangement order, but it's the gravity of what she has done which is the whole basis for (hopefully) the court putting a stop to her actions.

Thanks again,

John

Dear Nanny and Dads,

For your interest and comments...

Had the first hearing (again) whereby I made a C79 application for her breach of the child arrangement order. The reason for the breach and subsequent application was because of the false allegation she made, stopping contact (again) which an S47 report by SS was made. Completely exonerates me, BUT because I raised safe guarding issues in light of the very same S47 report, CAFFCASS are now back involved and have to perform safeguarding checks again!
I went through all this two years ago, but what it means is, because I have raised the concerns about the welfare of my child, she still stays with her mother while the checks are performed..!!
I mean, SS have said everything is fine, but now CAFCASS have to perform the checks because of what I said in the C79 application, which are concerns by me for my child. I guess this is another court process which delays re-establishing contact?!?

I hope I have made sense, but would appreciate any advice

Many thanks,

John

Is there any contact at all taking place - I would have thought that the court would order that in the interim.

Hi Actd,

Skype in the interim.

I already have a final child arrangement order in place, but because of the 'safeguarding issues' I have raised, CAFCASS have to perform the checks within a time frame then it's back to court in 4 weeks for directions.

It's bizarre how I make the disclosures and concerns and yet because I am the non-resident parent my child still stays with her mother!

Cheers

John

I agree, though I suppose if you look at it from another point of view, it might mean it was an encouragement to make false accusations if it was that easy to get a child moved. However, I very much hope that Childrens Services are keeping a good watch on your ex.