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I really need help , my son has sent off c100 & has a court hearing this coming Tues, carcass has spoken to the ex & she has raised safe guarding issues on my son & going over old ground on the non mol order that she placed on him , the non mol was discharged & my son took an undertaking , carcass will speak to my son on Tues b4 the court hearing but in her summary she is now claiming my son raped her on 3 occasions & is on going police matter , this was never brought up in the non mol 3 months ago & my son has never been interviewed by police regarding this , she is trying anything from stopping my son seeing his son ,
Should I be worried ? & he won't have solicitor either as we both thought it would be a straight forward case
Hi there
I’d like to move your post into its own thread, if that’s ok. Tagging onto another members active threads can be confusing, with two different streams of discussion going on at the same time.
I’ve had a quick look back at your previous posts, the information I gave about preparing for the hearing is still relevant... did your son prepare a brief position statement?
The fact that his ex didn’t raise these allegations during the recent MMO proceedings should be raised by your son, either in his position statement, or verbally at the hearing.
With the seriousness of the allegations, the court will have to take them on board, which will most likely mean that the court will order reports from the police and a more detailed welfare report.
The court have a duty of care to investigate all allegations, whether they believe them or not. It will be up to the court, once they have gathered all of information to make a decision, but it’s unlikely they will grant contact until then.
Your son could ask for supervised contact in a contact centre, it’s worth a try, but he does need to tailor his expectations at this stage in the proceedings.
If your son decides he wants legal representation, in light of the seriousness of the new allegations, he can ask for an adjournment whilst he seeks to instruct a solicitor.
All the best
dean, this sounds very serious because of rape allegations. it will be tough but your son should definitely have a solicitor or barrister. barristers are cheaper. better to knock out these allegations at early stage.
you can search on the official bar council site, for direct access barristers:
No he hasn't put in a brief position statement as of yet , I'm still in shock at the allegation as I know it isn't true , the judge at the nmo said in his statement that she had nothing to back up her stories where my son had witness statements & text message print outs , I feel as if my son is on trial yet again just for wanting to see his son
... he can take the position statement with him to the hearing, as long as he takes extra copies for the other side and cafcass.
I know how hard this must be for you all... it would be great if the same judge was at the next hearing, do you have any idea if it’s the same judge?
I’m going to move your post and the following replies into its own thread, I shall give it the title - False Allegations - Any Advice?
Best of luck
I'm not sure if he will have the same judge as this is at magistrate court & not the law court where the nmo was
, in the cafcass statement on what the ex has claimed & also the there summary , there is non truths in this should he address these in the position statement & then go into detail when the judge asks, also my son when filling out the c100 form he said that he had no safe guarding issues with the ex but now he wants to raise some regarding the ex , does he put this in the position statement or just tell cafcass on the day
Btw he does have a Mackenzie friend issued by a local community service
Ah not a judge at all then, magistrates aren’t legally trained, so due to the seriousness of the allegations, it might be felt that the case should be moved up to district judge, which wouldn’t necessarily be a bad thing.
He would need to keep the position statement brief, no more than two pages really, but he could say something like there are inaccuracies that he wishes to address in more detail at the hearing... whether they will give him an opportunity at this point though, is debatable.
Again, raising safeguarding concerns with the CAFCASS Officer is ok as long as he avoids bad mouthing her. He doesn’t want to come across as [censored] for tat.
Hopefully the MF can advise him and at least give him some moral support in the courtroom, the MF may not be able to speak for him though. Perhaps he could speak to the MF about asking for the case to be moved up to district, due to the seriousness of the allegations.
I’m going to edit out the reference in your post to where you live, it’s advisable to remain anonymous on public forums.
Just thought I would give u an update , cafcass has issued a s7 report , my son has to get a gp report to see if he has taken any meds on his anger issues ( just like to point out that my son is a very laid back person that rarely get angry & has been to drs about 3 times in his entire life ) she also has to report on her health regarding on looking after a child . With the allegations the police will be asked to see what's going on with that , like I said b4 my son has had no visit from police on this matter at all . We are now going to seek proper legal advise for the next upcoming court date . Just like to thank you for your advise on this matter
You’re very welcome D.
I think it’s just as well that your son is going to get some proper legal advice, but only due to the seriousness of the allegations. Did the McKenzie Friend give adequate support? I’m surprised that the magistrates are continuing to deal with the case... lets hope they’re experienced, but I would bring it up with the solicitor and get their take on it.
All the best
I thought the MF did ok , not sure if the solicitor could have done any different, looking at the cafcass report she did say more than likely it would go to s7 report. Cafcass had recommendations on the back which the court is now following through. I still cant understand if the ex did go to the police why haven't they followed it up & been round . I think they are going to also look into the NMO as well as she agreed to no admissions on my sons part & therefore got the undertaking
in my last hearing, there were magistrates. they had a legal adviser sitting besides them. so maybe they can come to good decisions.
Yes I hope so , spoke to his solicitor today , game him a quick run down on the situation & he even said that the allegations were squashed on the NMO due to the undertaking ,
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