[Solved] False Allegations - Any Advice?

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