Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I’m wondering if someone can shed any light or share their thoughts.
Someone close to me has separated from her husband. She had been unfaithful which has obviously hurt him.
After finding this out, he called social services accusing her of abusing their daughter for over a year (physically and emotionally) and then applied for emergency custody of both children. He has also accused her of all types of abuse against him.
No abuse of the children has happened except normal parenting and sanctioning (moving to room, naughty step, restraining in a tantrum etc).
MASH closed the case with no further action and the police, who were sent round for a welfare check, found no concerns whatsoever. The children are thriving and now that the couple are living separately, have two calm and stable households.
The judge awarded 50/50 custody at the first hearing and asked both sides to prepare statements for the next zoom hearing where he will decide if a fact finding is needed or if a section 7 report is required.
I suppose I just want to know: how much evidence do you need in a fact find to disprove false allegations? Could the judge suddenly change custody significantly based on a fact find if there is no corroborating evidence other than allegations and videos of verbal arguments?
Thank you for any views or advice. She has a great solicitor but the ex will not even speak to her via email about the children.
Although family court will investigate allegations.
1. The burden of proof is on the applicant, not the respondent.
2. The allegations might not be relevant or meet the threshold of abuse.
3. The allegations might not be relevant to future contact arrangement for the children.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.