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So my ex has been using allegations of DV throughout our marriage to keep my contact with my son to a contact centre only (supported contact)
Anyway, few weeks before the original finally hearing she randomly called the cops and reported me for DV. In our 10 year marriage she has never called the cops because nothing happened so this was a blatant attempt to damage my child contact. Anyway, as a result the hearing was pushed back.
Anyway, the police spent 6 weeks investigating the allegations and this included all the exhibits that my ex is relying on in the family court to damage my case (including the tape recording). They investigated all of this and did not press any charges on me. I got a No Further Action.
Those of you who know my case will know that my ex turned down a fact finding at the first hearing and also the judge at the NMO hearing a month earlier considered the same allegations and exhibits and made no finding of fact.
Surely based on all these FACTS would it be reasonable for me to ask the court not to entertain her allegations any more and discuss only contact at the final hearing?
Should I write and tell them. Will they require proof of what the police investigated? My ex basically gave them everything she is relying on and the police and CPS dismissed it.
Advise appreciated.
It will do no harm to email in to notify them of this and I would guess CAFCASS are involved also. They may appreciate you letting them know.
The Court date will still face a delay, I would be most surprised if they bring this forwards.
Yoji has given you sound advice and I agree it's unlikely to be brought forward.
Sorry should have mentioned. New court date set for Oct 12th
Ok, ill write to the court and let them know.
Do you think theyll ask for proof that the police investigated the same allegations and exhibits my ex is relying on in the family court?
I asked the police to send me this confirmation but heard nothing back.
If they need proof, I think they will ask CAFCASS to do that.
I'm glad it worked out for you in the end. NFA doesn't mean one is innocent or cannot be brought up again but very unlikely.
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