[Solved] How will dv charge effect contact order?

You'd have to be an axe murderer before you get stopped from seeing your child, trust me you will be fine, the courts have seen this bull * a million times over, They are more concerned if you are a threat to the actual child, I honestly can't see them stopping you seeing your child because you supposedly scratched your ex's arm with a key that is just rubbish.

All these allegations will do is just make the courts and cafcass wary and they will probs order contact to start in a contact centre once cafcass have done all their bull * reports.

I work with ex convicts who have records as long as your arm and they ALL get to see their kids (not the child abusers obviously) so you really dont have to worry, It's not a case of IF you will see your child but WHEN, Just get settled in for the long haul as the courts take forever. keep your chin up and try not to worry 🙂

Slim 🙂

Thanks slim. Its all getting on top of me. Nervous about court next week and really missing my little one. When you sent your c100 application how long was it before cafcass called? Thanks

If I remember rightly, in my own case, my c100 went in at the start of October 2013 and I had my initial safeguarding interview with cafcass at the start of november, as the hearing was set for mid november. So it was around a month before cafcass phone me for the initial interview.

I understand your concerns about the allegations. They certainly can be worrying and troublesome, however, remain calm, and if you are certain that you did not do what you are being accused of, then do not worry. I had a barrage of allegations thrown at me. I knew they were false, and stood my ground. In the end, without being able to prove anything, and in the face of lots of evidence from myself showing she was not being truthful, my ex backed out of the fact finding hearing. I know she did it because my barrister was going to expose her lies in front of the court. The point is, not all false allegations stick. A lie is a lie, and should come out in the end.

About your past....you did something 10 years ago and 7 years ago of a criminal nature, that is reality. But also what is reality is that you haven't had anything on your police record for at least 7 years. The court and cafcass will see that, as cafcass will perform background checks on you to establish your involvement with police and loacl authorities. If you are clean, you are clean, there is no arguing with that.

The courts look at what is called the welfare checkilist, and will consider various aspects that relate to the welfare checklist. So if there are things in the past that are irrelevant to contact, then they will not be a bar to contact. Let's say your ex proves you scratched her arm with a key...I highly doubt that would prevent contact anyway, so again don't be overly concerned by it. If you say you didn't do it, I firmly believe you and support you.

With cafcass, they will ask you questions, and if they have spoken to your ex, they will no doubt ask you about the allegation, and maybe about your past. You have to be open and honest about misdemeanours from the past, and hold your hands up and say you made mistakes. You have 7 years of doing no wrong, so you point to that to show you are not a risk to the children.

Slim wrote a guide for dealing with cafcass which is stickied on the forum. If you have any more questions, perhaps more specific to your case, do post them here.

I would also recommend preparing a position statement, because in my opinion, the clearer it is in the judges mind of what the background is and what you seek, the better the result you will get. I went to my first hearing with a very good position statement and got contact started immediately. So a good statement combined with a good judge could help you immensely.

Like I say, any questions, do post and myself or someone else will chime in.

Simon.