[Solved] New allegations - want to give up!

Magistrates are handling my case so no judge but im wondering if a judge might take over at the next hearing once the section 7 is released and her new allegation is highlighted.

Has anyone here represented themselves at a fact finding? I would like to do one but its the cost.

My ex was offered a fact finding at the first hearing but turned it down saying she cant afford it. Thats why they ordered the section 7.

Having read through information I can find on FoFs it appears that the judge was wrong to allow your ex to make this decision...it can only be made by the judge..... A procedural error here and one which could be used to appeal any decisions made at the final hearing

Is it possible to ask for a fact finding after it was offered and refused by the ex?

With the above knowledge then it shouldn't be possible to ask for FoF...but the issue of DV and any new allegations should be considered by the judge as the case progresses.

I plan to tell the magistrates "these allegations are being used to stop me from having meaningful contact. My ex has stated that she is happy to see my son but is only willing to offer one day a week, at a contact centre. This is not good for my son. I want these allegations investigated via a fact finding. If my ex is against it then she must agree to not use these allegations against me."

Im going to give you a link to some guidelines that might help you to understand the process of FoFs. It's my opinion, having read up on this that the judge was of a mind not to pursue this because interim contact has already happened and in this circumstance it might be better for contact progression if the case was progressed to a final hearing as if FOF is found against you it would have a bearing on his decision. Please read the link careful as I think it will clarify a lot of your questions

To put it simply, she cant have her cake and eat it.

If im honest the prospect of self representing at a fact finding is scary. Its based on probability not beyond reasonable doubt. You could be innocent and still found guilty. What choice do i have though

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In regards to why she continued with the relationship - i posed this question to Cafcaas and she said they asked my ex the same question and why shes bringing it up now and her answer was that she felt ashamed.

Shes lying but the sense of shame is common among victims of what she is alleging. My ex is smart. Im terrified at the type of person im dealing with. Its become sinister now. She hasnt called the cops but i can see her doIng it if things dont go her way just to throw a spanner into the contact proceeding.

Here's the link

http://coramchambers.co.uk/media/Publications/Domestic_Violence_Handout_Website.pdf

Hope it helps.

As far as police involvement, I very much doubt CAFCASS would report this......however if the case doesn't go her way your ex may decide to report it. Without any evidence and the fact that she has produced these out of thin air during a private family law case puts enough doubt on their validity for the police not to take it further.

Try not to worry about this aspect, leave the what ifs and concentrate on what is. 🙂

Thanks Mojo

I was planning on using the fact that she turned down the fact finding as evidence of her stories being dubious, also she is happy for me to see child just once a day though. Therefore they need to stop using them to delay progression of contact

She has attachment issues.

So you're saying this tactic is unwise and it could backfire?

No I'm not saying that, I was just pointing out that the judge was wrong to give the decision to your ex. It's the judges job to continually evaluate the situation, he may well decide that an FoF is now necessary because of the fresh allegations.

Informed decisions are much better, I'm just trying to give you the information to. Help you make the right decisions. I think you should discuss these fresh allegations with your solicitor/barrister ans see what their view is.

I was close to representing my self in a FF until i receive a financial lifeline.

PM me for details but generally the judge will ask the questions on your behalf if a LIP, same for your ex. Her barrister will ask if you agree or disagree with an incident, explain the incident again and the impact or how you felt at the time.

There are A LOT of paperwork involved, bundles upon bundles all have to be chronologically labelled and copies filed to all parties. Ex is responsible for the main bundle if the applicant so it will cost her considerably but judge could rule that you both split the overall cost.

It is completely down to the judge to decide on a finding of facts hearing.

Just to clarify, there has never been a judge for the child proceedings, only 3 magistrates backed by a legal advisor.

The only time i had a judge was at the NMO hearing and he upheld the order with no findings of facts.

Considering the nature of the new allegations ill be suprised if the magistrations dont now order a fact finding. Its the only way this is gonna be settled.

Madness, she is happy for me to see child but only once a week at a contact centre. Considering the centre charges £30 per hour this is unacceptable. In fact, one day a week is unacceptable and not in the interest of the child. I appreciate many dads would be grateful for what i have but its all relative and i cant compare myself with others.

Thanks for your help guys. Especially you MOjo.

I'm surprised they haven't moved your case up to county court and. District judge to be honest. I think you would be better in a higher court where the judges understand the implications and have a legal grounding, unlike magistrates who are lay judges and can come from any walk of life.

I think it's possible that the Magistrates deferred an FoF because contact is ongoing and wanted to progress this....with her new allegations its a bit up in the air now.

Yeah the new stuff has thrown a spanner in the progress

The cafcaas lady did say she'll lump in the new allegation with the rest and make a decision...is that significant? Maybe im clutching at straws.

The fact that the ex is happy for me to see child is good and could work in my favour but it could make the magistrates lazt and just accept the one day a week contact shes offering. Like the cafcaas officer saId, considering the allegations her allowing me to see the child is unusual.

Worse case scenario, they stick with contact centre contact. If that happens you can wait six months and then reapply.

I personally think they didn't go for FoF because they want to progress contact....I think,the fact that she has said she wants contact may be her Achilles heel...and the fact that you were granted interim contact, if you read the link it does state that where interim contact has been granted the FoF isn't appropriate.