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[Solved] Court - How the judge sees accusation

 
(@Howso)
Trusted Member Registered

I am due in court after it being adjourned because the judge was sick. My ex even tried to get it adjourned because she needed to do the school run but the judge refused her request.

Basically my question is how does the judge see accusation? my ex has rang the Police on my countless times to the point I had to make a complaint to the Police for listening to reports and logging them and not contacting me. I have never been charged or arrested ever. My ex's claiming domestic abuse and domestic violence, I have seen her a handful of times since 2014 and we barely spoke and I have never hit her, she calls me controlling however I have call recording of her telling our child she tells him what to do?

The Police have apologised and said they have a non bias approach but have failed me more than once.

What will the judge make of this and the Caffcass report came across as more in my ex's favour because my ex claimed all of the above, when the case was adjourned and I asked caffcass to review evidence and revise the letter the officer refused and said her letter is final,

Oh yeah my ex has borderline personality disorder and smokes weed.

What are caffcass suppose to do when they are involved? How can I get them to investigate my claims of parental alienation? I have printed off text's of ex's mother arranging things with my son on days he was suppose to be with me, I have printed off receipts of the 18 year old games she has been buying him and he's 10 and put the recording of her telling she tells him what to do on cd.

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Topic starter Posted : 23/05/2019 3:05 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

You can make the court aware that important points were left out of the CAFCASS report. Tell the court about the police apology and the fact that they admit that they treated you unfairly and had failed you. Make the point that by not taking your account of events into consideration and reflecting it in their report, CAFCASS have perpetuated the unfairness and bias that the police admitted they were guilty of.

You can do this verbally in court, or you can write to the court and ask for permission to file a statement of response to the CAFCASS report. Or you can prepare a brief two page position statement to take with you to the next hearing... although it would probably take more than two pages to respond to their report.

The issues with inappropriate games and her controlling behaviour are upsetting, but really all you can do is to make the court aware of it, they may just view it as hostility/arguments between the parents.

If you have approached the CAFCASS Officer that made the report, about the one-sidedness/omissions of the report, and she has refused to look again, you can go above her and ask for an appointment with her manager to discuss the issues.

All the best

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Posted : 23/05/2019 2:57 pm
(@Howso)
Trusted Member Registered

Thank you for your reply. This information will be useful

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Topic starter Posted : 23/05/2019 3:28 pm
(@Howso)
Trusted Member Registered

The Court left me waiting for 2.5 hours. The judges were not interested in listening to anything I had to say today. They just wanted to do a section 7 report and said see you on 11th September, and my ex need to disclosure a doctors letter me outlining her mental health it was ridiculous the judges even let her Mother in the court room and she was behind barrier. I was in the room for literally 10 minutes.

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Topic starter Posted : 23/05/2019 10:19 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

It can often seem that you’re not making any progress, the report you wanted to challenge was a Schedule 2 letter then? I thought you were talking about an S7 in your initial post. Did the S2 make any recommendations?

The courts have to be careful when dealing with parties that have made allegations of DV, they will give your ex some leeway at this point, but one of the reasons for a more detailed report is to clear this matter up, and you should be given the opportunity to respond in detail... have you been asked to provide a statement for the next hearing?

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Posted : 24/05/2019 2:49 pm
(@Howso)
Trusted Member Registered

Hello what do you mean by s2?

The judge said for Caffcass to make a section 7 report and she was sticking with Caffcass recommendedation to the court. The judge said my ex needs to get a letter from her doctor outlining her mental health issues to everyone in six weeks and for Caffcass to have the section 7 report to us by 27th August and for us to write a no longer than two page letter which I am assuming is a Skelton argument.

Am I suppose to have know when the dv occurred, she reported me to the Police in April because my cousin texted her asking where my son is and the Police said no offence was committed, they didn't even contact I found this out from the inspector who I speak to. The weird thing is on sons medical report she they log it as dv, like I was shopping in Tesco's and she rang the Police on logged as dv not contacted, I was stuck in traffic and took a short cut and she saw me I didn't see her she rang the Police for stalking, no contacted recorded as Dv.

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Topic starter Posted : 24/05/2019 3:20 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I was referring to this paragraph in your first post, (copied and pasted below)where you talk about the CAFCASS report... as the judge has only just ordered a S7 the report you mentioned here must have been an S2.

....What will the judge make of this and the Caffcass report came across as more in my ex's favour because my ex claimed all of the above, when the case was adjourned and I asked caffcass to review evidence and revise the letter the officer refused and said her letter is final,

...It was the first hearing, which is an exercise in directing what reports are required to understand what has been going on. You will get an opportunity to respond to what has been said and put your side of it across.

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Posted : 24/05/2019 3:30 pm
(@Howso)
Trusted Member Registered

Oh sorry I have confused the topic. We was suppose to go to court in April but the judge was sick so they adjourned the case the day before the hearing. So basically I just need to hang fire until the 2nd hearing

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Topic starter Posted : 24/05/2019 3:35 pm
 Mojo
(@Mojo)
Illustrious Member Registered

That’s right... family courts are very slow moving. We’re you asked to provide a statement, if so, that would be what you should concentrate on between now and the next hearing.

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Posted : 24/05/2019 3:40 pm
(@Howso)
Trusted Member Registered

Thank you. I am going to that and avoid her until then but they leave up the road. I am going to do the dapp course and parenting course, off my own back.

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Topic starter Posted : 24/05/2019 4:34 pm
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