[Solved] help please my ex partner has put false allegation

...Making false allegations is a serious matter and the judge should act upon it.

i have the children with me now and i've voiced my concerns to social care and they said to keep them but my ex partner thinks she'll be handed them back after the direction appointment on the 11th, does any 1 know the chances of that happening ?

The way I'm reading this is that you kept the children after a contact visit because you had raised concerns with Childrens Services and they had told you to keep them. Both you and your ex quickly submitted applications for a Residency Order but she beat you to it. Is that right?

You know, even with the full facts of a case, its nigh on impossible to second guess what the outcome will be. Judges are so different and each one deals with a certain situation in their own way. I dont have the facts or the history of your case so I cant say too much, but if Childrens Services have advised you to keep them then I would imagine there are some serious risks to the children involved here.

How old are your children?
Can you talk about the reasons why you kept them? If you dont wish to thats ok 🙂
Have you received a letter from CAFCASS, have they interviewed you yet? If they have, did they indicate to you what recommendations they will make to the judge?
Have Childrens Services said they will support you in keeping the children?
Have you got a solicitor representing you?

Lots of questions I know but it helps if we have some background, otherwise it makes it very hard to comment in any constructive way.

i only got the court papers friday and cafcass hasn't spoken to me yet. was trying to get a solicitor all last week but no free legal aid yet and they was closed by the time i got the letter. basically my ex left my just 1 year old with a friend he doesn't know over the weekend just so she could go to work and keep him from me with next to no nappies and left in his buggy. thats when i first contacted social they told me to go get him but the police couldn't help i asked coz the mother had agreed.so on the 3rd day i was getting my daughter back off holiday thats when my ex out of the blue said i could have my son coz she was going shopping but i think she thought she had to just so she would get our daughter back anyway i pick my son up with her saying he needed his [censored] because it not been change for 4 hours when after 2 min walk home i found his nappy to be leek poo it was bad thats where i rang social again and told then what i should do and they said keep them. the social have closed the case with no further action coz i have them and the've past me on to a family care group to help with finding housing and money to take care of children.

my children are 13 months and 2 years old. i've been the stay at home dad while she worked and she has bouts of depression and she took herself off her tablets about 3 weeks back and not spoke to her doctor to let him know. i do everything for the chrildren i even take her 5 year old son to school and school parant meeting and all the doctors appointments

Ok so you have a 1 yr old and a daughter and no solicitor....the bad news is that Legal Aid for Family Law cases has been stopped as of 1st April, so you wont be able to get Legal Aid I'm afraid. If your ex is entitled to Legal Aid ,and she got her application in before the 1stApril deadline then she will be covered.

Its not the end of the world, you can do this without a solicitor...we will help you all we can.

Social Services may have closed the case but they will still have everything on file, which CAFCASS will be able to see before they make their report for the court. As the hearing is on the 11th I doubt that CAFCASS will be able to do their report before court, but they will be there in court and you can tell them everything that has happened.

Once the judge knows that there are safeguarding issues and Social Services told you to take over their care, he/she should leave the children with you, and grant whats called an Interim Residency Order to you so that you can continue to look after them and the mother cant take them back. The judge will also order reports to be ready for the next hearing. There are no guarantees this will happen, but lets hope they take their lead from the Social Services. it wouldnt hurt to phone Social Services tomorrow and speak to them about what might happen and if they will support you in keeping the children.

When you go to court, get there nice and early and ask to speak to the CAFCASS officer as soon as they are available. Appearance is important so get your best clothes on, shirt and tie etc. dont bad mouth the mother and just stick to the facts and speak from the heart.

Best of luck 🙂

I've only just seen you last post....Being the stay at home Dad is good as it shows the court that you have had responsibility for their day to day care anyway!

You should mention that she is on medication for depression that she doesnt take and request that the court asks for a medical report as well.

Thanks for the advise I'm truly great full because I'm so scared. Love my kids early and I would do any thing for them. I've lost touch with my friends just because I love my kids so much. I'll blog in about coz I'm struggling to do so on my phone

on the C100 form where it ask on question 7 where it asked your reason for bringing this to court she says because that i asked for two hours contact with my son with no explanation. in text at 12.03 she said come for him now then and bring back later with daugter. bare in mind she knew wasn't coming back til about 18:00. she then text at 13:13 saying don't let son go to sleep after 15:00 as he slept better last night. thats already more than two hours she not expecting son back. so isn't that a false statement ?

I would say so! Will you be able to download the txts from your phone and get them printed off, or send them as an email so you can print them off? If not just save them on your phone as proof. 🙂

yeah im just trying to now.

I used Texts, I took photos (screen shots) of every text message in the conversations with my ex….i also used the emails…..and had a diary of events…..my ex forced me to do this after an argument where she threatened to do anything in her power to stop me seeing my child including having her bothers sort me out!….i was very concerned at the time and I went to the police about it they said without proof they would not do anything….and I should basically man up!

The texts and emails all backed me up….i used them to show just how the ex had been….threats, abuse, telling me I’d not see my child….all sorts of rubbish but the judge did take this in to context of arguments that were just that! Arguments by a bitter ex.

Take 3 copies of these with you to court….when you get the chance to respond to these claims offer the proof, give the judge a copy and her side a copy and sit back and start to point out the events, threats etc… one by one…..your evidence will back you up as its in “black & White” !!! hers is just whats shes telling the courts!!! Without proof its just her word against yours and if you have proof that shows her word to be unreliable!

Good luck

thanks it's good to hear from someone in a similar possition