[Solved] False Allegations

I’m not sure about Scotland, but here I think its possible to make a civil application for a Non Molestation Order, she may have asked for it in the criminal proceedings, but if it’s possible to bring a civil case for NMO in Scotland, it might be something to be aware of.

It’s absolutely crucial that you make every effort to avoid her so I think making arrangements for handovers through a third party is essential... a witness with you at all times is a good idea. CCTV helped you previously, if you’re forced to meet her, try and make sure it’s in a public place that is covered with security cameras.

Best of luck

Hi Mojo.

It may be the the same in Scotland, I've not looked into it or spoken to the family lawyer to ask more about it but I would assume the ex was expecting to be granted a non harassment order before things went back to court for contact which is in a few days. If that is the case with a NHO is it possible for myself to apply for one against my ex, at least that way I could go about my business seeing my child without constant fear of being victimised and arrested constantly with lies and here say.
It seems like the family courts dont take it seriously either where in the past I've made it clear I do not want to be anywhere near the ex as she is trying to have me arrested through false allegations. In order to see my daughter I had to pick her up from the ex's house. I have tried using third parties and again the judge ordered that only one person a family member could be used as a third party even though this wasnt possible as people work, have kids or other things going on in their life etc and cant just drop everything to suit me or my ex. The order left me in a situation where I had no other option but to essentially break the order and use someone else i.e a friend as a third party to return my daughter which the ex wasnt happy with so she ceased contact with my child.
In all honesty it just feels like it's one thing after another with my ex and I know she is only doing what shes doing to punish me but trying to prove that to lawyers and judges seems to be a lot more difficult than I first thought.

CCTV helped you previously, if you’re forced to meet her, try and make sure it’s in a public place that is covered with security cameras.

Again at the previous child welfare hearing this was mentioned to the judge about meeting in a public place like a store such as asda, Tesco etc because that they have CCTV and it was brushed aside by the judge and the ex was asked what she wanted and to no surprise she wanted anywhere that was within a few feet from her front door where there is no CCTV.
I spoke to my lawyer and said I felt the judge was being biased as nothing was considered on my behalf and everything was arranged to suit the ex.

I feel for you... I would bring up the issue of handovers at the welfare hearing, with the hostility that exists between you and the ex, it’s not in your child’s best interests to be put in a position that could flare up... could you suggest meeting somewhere public that is covered by CCTV, a shopping centre for instance. Her failed request for a NHO illustrates the hostility that exists, but perhaps you’re hoping to avoid mention of it.

As far as making a counter NHO, I think you would need to be careful that it’s not viewed as malicious or [censored] for tat... but certainly run it past your solicitor.

Hi Mojo.

Thanks for your reply.

All I can do is suggest what you mentioned but believe me I have tried to suggest handovers, third parties, places with CCTV and it seems to fall on deaf ears, previously we had a different judge who was fair on both sides and wanted what was best for our child but for whatever reason she was replaced by another judge and since then everything has been to suit what the ex wants and contact has hardly moved forward if anything its went backwards since the ex is now breaking the orders left right and centre when she doesn't get what she wants.

[censored] for tat is exactly how I see things regarding a counter NHO and it really isn't what I want but at the same time I feel let down by the justice system and completely victimised by the ex, I truly believe it wont stop until I give up persuing contact and that's not something I want either but I will speak to my lawyer about it and see what they suggest might be the best route but I would only assume they would say something similar to what you have said that it may appear malicious.
I was told by the criminal lawyer today to fully expect both my ex and her lawyer to mention the non harassment order at the child welfare hearing in a few days even though it wasn't granted as it's not the first time they have twisted facts and things that have been said in court in order to try and gain the upper hand with attempts to gain access to personal information like gp reports etc.