[Solved] False allegations of DV etc

Try not to jump to conclusions scotty you can ask for interim contact before the first hearing in your reply to her c100 ect and if they offer supervised contact take it as contact will always progress from there treat it like a starting poing the courts will just be wary as they don't know you from adam so they will be cautious at first.

The fact that she has offered supervised contact is a bonus my ex wouldn't agree to that for 10 [censored] months and at the end of the day you get to see your kids 🙂

Hi again Scotty

I have deleted your duplicate thread and therefore the attachments with it. Can I urge you to edit your long post to remove the identifiable information please? Anyone can view your thread, even if they are not a member. Court proceedings involving children are strictly confidential and judges take that very seriously.

You need to take some legal advice if possible before your hearing. If you can't afford a solicitor, you can try contacting Child Law Advice for assistance. You also have the option of using a McKenzie Friend to help you prep or attend court with you for support, they can't give legal advice or speak for you though. Families Need Fathers are a good place to go for support too.

You will need to prepare a short position statement to take with you to the hearing and let the court know that you oppose the need for supervision with your children. If you have any evidence to dispute what the mother is saying, take that with you but don't hand it in, you have to ask for permission to do that.

I would make clear in your statement what your wife and her sister's jobs are and that you believe their knowledge / roles have been used to manipulate this entire situation.

If they go for an occupancy order - sometimes people are ordered to stay in the same property but in different rooms or on different floors.

Let us know if we can help and how you get on.

http://childlawadvice.org.uk/

Does anyone here know how long it takes to obtain an occupation order and then for it to be enforced ? I'm wondering if it is as long as the court chooses, Just worried that i have nowhere else to go, I broke my back in February so cant sleep on sofas at my sisters. I don't know what and how the court decides. This use of DV is fraudulent i think the investigations should be done before these initial hearings.

Scotty,

As Yoda suggested - childlawadvice.org.uk/ (who are Corum) are your best bet for legal advice, they should explain exactly how the process works.

You need to change the children's names in your post. The Court will really hammer you if they find you have published them along with details of the case. Please trust me on that.

Hey, Solicitor helped me (for free draft a letter up regarding the Occupation order, she said after reading this, he will probably advise the applicant that she will not win this one in a court. too much has happened.

FAO *

Your Ref:*

Dear *

Thank you for your letter dated 18th October, It took me by total surprise as I also received a Child Arrangement Order by court personal at the same time.

You have asked me to vacate my home, please be aware that:

I have registered Home Rights (HR1 Form) With the Land Registry as of the 12th October
I am not Emotionally, Physically or financially in a position to comply with your request.
Low income, due to resigning from my role(Early September) with partners full support due to management issues, my partner offered to support until I was back on my feet, my savings were spent on the family/bills.
Benefits do not kick in until 26 weeks after resignation. I get no benefits for having cancer due to the short term I was on Chemotherapy(and with it not being terminal Stage 3/4).
When I will obtain a new job, save sufficient money I will move out after finding suitable accommodation as initially discussed with my partner at separation.
As per previous agreement upon separation with my partner(Late September) my moving into the loft space and creating a living environment for myself.

You may also may be aware:

Feb 2016 - I broke my back, I still have pins holding it in place which restricts me a lot with everyday tasks
Sept 2016 - I was Diagnosed with Testicular Cancer, currently in the rehab stage of recovery.
Oct 2016 - Main support (My Partner) decided to leave me without notice leaving me emotionally affected after promising my mother in Spain(Who is looking after my Step Father) to be there for me no matter what (Text/facebook message evidence - after separation).

Medication I am taking to help me during this time: (I can get my GP to write a letter to confirm if you wish, my partner has picked these drugs up for me from time to time so know the names)

Amitriptyline, Nortripyline, Gabapentin, Diazepam, Dyhicodiene , Naproxen, Tamfrex, Senna, Butrans Patches and Maxalt

These medications can make me sleepy and lethargic. They are all for my back pain which I have been referred to the Southampton Pain Clinic, as the Hospital and GP services think it is that serious I need more help.

My recovery process from Chemotherapy still leaves me with these issues reducing by the day: (Most of which have been witnessed by my family, My Partner and Partners mother):
Jaundice (Yellow, due to chemotherapy in system) (bilirubin levels high apparently) (Witnessed by Partner)
Vomiting Blood (Buckets, mostly emptied by Partner when she was here)
Blood in Urine
Blood in Stools
Severe Muscle Pain(Massaged by Partner when here)
Severe Joint Pain (Massaged by Partner when here)
Involuntary twitches in legs

In the last month I have received: (From the Hospital):
3 x IV Antibiotics (Mix bag of stuff)
2 x transfusions (AB Negative blood)
2 x IV Saline (Dehydration)

With all these severe conditions and issues my legal advice told me to reply to you and let you know that I cant comply with your request to leave the premises until I am back on my feet in many ways. I have nowhere to go, my Parents live in Spain, My sister lives about an hour away but has no room and with my broken back I cannot sofa surf due to this issue.

Since our amicable separation (Late September) I have been living in the loft, self contained room away from my partner with only a need to use the bathroom and kitchen as and when needed, and have no objection whatsoever to the children and wife returning at any time, which is what I have offered over and over again and will not interrupt or interfere with their peaceful occupation. I did not want them to leave or ask them to.

I would return to the previous status quo until a such time that I am employed and have savings to move out to rent as my recovery is moving along all the time. I have no issues with the flat going on the market as my partner wanted. As the quicker this all gets resolved the better it will be for our children and of course for both other parties.

I also again urge your client to use mediation (Financial and family) as also directed/advised by my legal council Dutton Gregory as there is not the equity in the home for these things to drag on which would in the end affect our children.

If an Occupation Order is lodged, * will be my legal council to defend my position.

Regards

When it came to the Solicitor and CAB(who were rubbish BTW) done. 2 x interviews done....got a load of forms to fill in as now i have to go on the offensive as to why she was unfit - off sick last 4-5 months.
Solicitor said that basically its all waffle(forms), and that i have to now fill out the same forms as her as she has been off sick with mega depression for months and come up for reasons why she caused me Emotional/Psycological damage
easy....shagged me on the 4th October left on the 10th because id harm her - she came up to the loft wearing next to nothing and enticed a guy mid chemo treatment yet the night before she asked me to look after the kids whilst i was puking blood in a bucket whilst she went to the cinema with pals leaving kids in my care. ive got lists now 🙂 shouldnt smile as its not funny.....she is digging herself holes
her mood swings ruin her case..solicitor said i should report her to the police about her making false allegations against me, it could ruin her job. as it would be at risk if she loses (as she is a detective)
anyway ive spent the last few days doing stuff, ive come home and relaxed for the first time in days and im suddenly exhausted.

So I have to raise a C1A now too, its really disappointing to me as I really didn't want this to go as far as it has, now I have to bring up items why she is an unfit mother, its crazy as we all make mistakes as we are people....I did and so did she, Solicitor said he probably will want to bang our heads together and sent us to mediation.

CAFCASS should be in contact before the hearing if they are not, the case will be adjourned because they need to carry out their safeguarding before any proceedings. Well there you are , up to date.... i feel a little better

for the first time in 2 years of being on this site I can safely say I literally have no words and if I do try and post a reply I will be banned so I'm well and truly out 🙂

Are you sticking with the solicitors or self representing?

By the looks of this, you have quite a case Scotty.

Self representing, as i cant afford the solicitor, as she said this is an initial hearing where I'm actually being offered more than i am already receiving, means i get to see my children. as i havent seen them in weeks.

so ill agree to it partially. And see how cafcass handles the rest.

p.s. Mr Slim (Ive sent you a PM, as i don't know if it is because i have said something out of place that you have made that comment on being banned if you comment, id really like to know why, as if ive said something out of place, please tell me)

Hi All

Court case was today....I think it was all positive by her solicitor visiting to greet us and incoming they are stopping pursuit of the occupation order.

Here you go:

Court Notes

Turned up with my brother in law, when we arrived we sat down and partners solicitor came over and introduced himself to us, and just wanted to know who he was and that he was now with Partner on this case. CAFCASS were there and spoke to Partner and I before the hearing, she was lovely. She read my statement, and told us that they havent had time to run their checks but believe an arrangement can be put in place between Partner and I as the Judge would probably adjourn the case because there isn’t any evidence, she said that Partner had spoken of the girls and that they miss me, Daughter 1 wants to see me and was very candid about saying it. Again before the hearing the solicitor came over and said could we possibly talk about the arrangements before the hearing so we can tell the judge we have agreed something in the meantime (4-6 weeks) that would be ok that both parties agree on temporarily until CAFCASS have done their bit. I agreed the children would stay with their mother, and that even though i wanted Unsupervised access we were at an in pass, but in the end we came up with I would have the children for 4 hours every sunday (not including travel time getting children to and from these things) The supervisor would be my brother in law and her brother (agreed) week 1 and 3 it would be bro in law and 2 and 4 it would be her brother, with me able to take bro in law with me anyway to the other weeks anyway (extra safety weeks 2 and 4).

We were called in, the Judge looked angry, he asked why the solicitor was here as he wasn’t anything to do with the emergency hearing on the 18th October, he was confused why it was granted seeing as their was no evidence, and still now there is no evidence, the solicitor bumbled (really weird for me to see as this is a good firm she has), The judge said, “if the parties are talking then why are we here!” the judge then spoke to the CAFCASS lady and asked how long it would take for her to do the checks, she replied 3-4 weeks, the judge then looked at me and said “Mr Smith , I see you are on your own, do you feel the need to have a solicitor”, which i replied “I had initial advice from one”, he asked “what did they arrive at?”, I then said “She said it would not go very far”, he said what would you like out of this, which I said “ I just want to see my children, if it cant be unsupervised for now then i will agree for temporary supervisory access just because i want and need to see them” The judge asked the solicitor is there anything else he just said “he would like a letter from my GP stating how my recovery is going, what meds i am on and if he feels i am able to look after my 2 children” which i have to get a copy to the court by the 17th November.

He told the solicitor as he was there he had to draw up that order and get us to sign, I added that the girls are able to contact me by phone or by FaceTime at anytime they so wish, which was agreed by Partner. So I have to go through my texts and get all my evidence disproving her just over the last week before she left with the children will be enough, and be prepared for the CAFCASS report, my GP letter and then a ruling on what is to happen on the 24th. Partner looked awful, I actually felt sorry for her, as she is suffering Depression and this has got to her and maybe regrets some things, but hey ho, its happened it cant stop now CAFCASS are involved as it is about the children, not about a break up. now to prepare for the 24th and hopefully relax and talk about normal stuff to people for a while and not let it consume me. I just hope I get the same judge.

There you have it........it wasn't as bad as i thought although i was sh*tting myself from Monday until the time i was called in front of a person that was sitting above me, in a place that i had have been in before....Do all courts look this way....crazy.

Anyway roll on the CAFCASS findings and next hearing.

Thanks for all your support

Thanks for the update and glad to hear things are sounding more positive. Solicitors can often make things worse but it sounds like the judge was very strong with moving things along for you all.

Keep posting and we will do what we can to support you.