[Solved] FHDRA today

Hi There,

It sounds as though things are going in the right direction.

I haven't been involved in false allegations, but by the sounds of things the judge is starting to see through yours, the fact that the ex supervised contact is a big tell that this is a false claim.

GTTS

Hi

I've helped at a lot of fact finding hearings and they are usually very balanced. Each side gives their version of events on paper and in person, and the judge makes a 'finding' of whether the event is likely to have happened.

It's good you've got a contact centre supervising and not the maternal family, so that is a positive step forward and somewhere to build from.

I would be very surprised if the court appoints a guardian at this stage as that is usually a last resort if proceedings are protracted or there are imminent safeguarding issues for the child.

You would be surprised by the amount of false allegations that get thrown around in the family court only for everything to turn out okay in the end. Have Cafcass been ordered to carry out a Section 7 Report?

Hi

You would be surprised by the amount of false allegations that get thrown around in the family court only for everything to turn out okay in the end. Have Cafcass been ordered to carry out a Section 7 Report?

No, only the original Cafcass report which details some concerns I have regarding exs mother trying to cause divide/disruption , her use of alcohol/medication. And also the 2 allegations made. No heard of section 7 report yet.

He has ordered my ex to pay for police disclosure, ABE and for my ex to make schedule of allegations.

It seems a favourable start to me, Getting a strong judge is key to a fair and thorough case, and by the sound of it you had that, I do hope that you get the same judge throughout, as this can change... perhaps an email to the court for the attention of the judge, requesting that, in the interests of judicial continuity, that the case remain within him for the duration of he case.

I find it slightly unusual that a section 7 wasn't discussed/ordered, considering that allegations have been made, but if the judge hadn't felt it was necessary, that's also a good sign. A section 7 report is a much more detailed welfare report and investigates in detail both parents history and current situation. Did the existing report make any recommendations?

Has the judge ordered that contact be supervised within the contact centre? This can often work well and helps to show that there's a good relationship between parent and child. With supervised contact, contact will be observed and there a report prepared by the support worker at the centre.

All the best

Yes ordered supervised contact at contact centre.

Nothing in cafcass report about section 7

The barrister is writing report for my solicitor so he may mention that.

The allegations being made are in detail and graphic by my daughter to social services , I was expecting the worst but the judge seems to see through it and pick up certain inconsistencies

Best advice is to concentrate fully on each step, focus on putting the best case forward. Don't try to think too far ahead and keep expectations in check. You've had a favourable start and I hope that this will continue for you.

Best of luck

Thanks, I was well prepared for the first step. lot of print outs of communications since 2015.

One blessing is that I contacted my solicitor by email, so it's on record 2 years before the allegation stating "I was concerned I was being alienated from my daughter"

re-reading the cafcass report I cannot see any mention of section 7.

Preparation is really important, please don't hesitate to ask if you need anything further.

Best of luck

Thanks, if police have NFA'd twice, and also completed a review with no further action. Does that mean my ex can still try and prove the allegations are true in court in front of the family court Judge? I understand criminal court need beyond all reasonable doubt but family court only need 51% to think otherwise?

So far so good with Judge, but my concern is how convincing she can make this. Also it doesn't help that during the Jan-Jun period there were no allegations then when I start making steps to court there is a fresh one with very detailed information.

Unfortunately yes, it's really down to the judge on the day, but if you can counter her allegations with evidence you're in with a chance... it's impossible to predict outcomes, and stressful trying to, just concentrate on the task at hand and don't think about what ifs.

You can make the point that fresh allegations surfaced only after you started court proceedings, and that the police investigated and reviewed with NFA.

As mentioned, your ex will have to provide and file a Scott Schedule, there's a section on that where you can respond to each allegation. She should provide evidence to back up each allegation and you can do the same. It's then a matter of the judge considering the facts and making a decision based on the evidence... as you say the burden of proof is less in family court, but hopefully you can provide enough doubt to persuade the court not to find in her favour.

Worrying about her case and how she presents it isn't helpful for you... as said, just concentrate on your own case and making it the best it can be.

Good advice thanks, Scott schedule that's the word I was looking for, thought there was a specific name for it.

Do we respond to her list of allegations before court and then those are discussed in court? also if disclosure interviews are obtained are they played in court or before the hearing.

The main allegation in Nov I can provide some form of counter evidence , which was already provided to police last year to backup my side of events.

The allegations this year are purely my daughters word said to daughters grandmother and mother and then to social services/police. Against my word.