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hi I need help in April I found out that my wife was having an affair o confronted her and she left the home and left me with the children I took time off work as ideas in min for state and also to look after the children and my wife was running around with this man she had an affair with to various party's weekends away and nights out all whist I stayed at home and looked after the kids.anyway after a couple of weeks I had all the moneybmy wife was claiming for the children stopped and then all of asuddern she wanted the kids back and when I refused to get her a house in may she rang the police and reported me for a alledge rape and domestic violence she had suffders through out our 15 year relation ship she was constantly telling me I would be arrested so I Handed myself in and to my shock in was arrested for alergations of rape and domestic violence any way I was questioned and released under further investigation is also handed in my phone and laptop to show the police that my wife was threatening to do this if I dint get her a house.since this my wife has now obtained legal aid and is now perusing a occupation order to have me removed from the house and her to move in with and take over care of the children however my oldest son has said he will stay with me regardless do far social services have conducted a section 7 report which found no evidence of the alergations and said my wife's statements were contradicting and different alergations cafcass also failed to find any evidence so now the court has asked for a finding of facts hearing in two weeks in which all my wife has provided is a state meant and I have 4 witnesses and evidence to prove some of her allegations are lies we had a pre hearing he other day in which I had to agree that my wife could have our daughter go live with her as my daughter stayed a couple of nights and was apparently scared to come back home but I new this was false as my daughter is a daddy girl but I agreed to let her go be with her mum until the finding of fact case then we would discuss it further.anyway my wife seems very confident that she will come out smiling but I can't see this as so far all the reports have come in my favour and no evidence has been found to support her alergations and police are still investigation.
Has anyone any advice or been through this my life is a mess and on hold because of this vicious person
Hi
If you haven't got a solicitor, try to get some support in whatever way you can to prepare for your hearing. A lot of solicitors offer a free 30 minute consultation, so make use of those if you can. Also it's worth contacting Families Need Fathers to see if there's a support group in your area
https://fnf.org.uk/
It sounds like you have done everything that you can so far, and it's great that the Cafcass report seems in your favour and you have plenty of evidence to dispute her allegations. Nobody can predict what an individual court will decide, and depending on the age of your daughter, her wishes and feelings should be taken into account in a neutral setting.
Plenty of our members have had false allegations made against them, and have had these dismissed at a Fact Finding, and I'm sure they will be along to share their experiences with you.
Wishing you lots of luck, keep posting and we will do what we can to support you.
Thank you for a reply I have a solicitor already and I have just taken on abarristor although this has now left me in lots of financial difficulty the problem I have is every bit of evidence I present to the court is dismissed for various reasons brought up by the applicants legal team I have 4 witnesses for the finding of facts hearing however the applicant and her team are trying to suggest that the witnesses arnt suitable as there not been active members in our relation ship and the applicant is looking to settle the case out of court and saying it's a huge risk for me to continue as their could be findings made against me.
This whole thing has destroyed me along tmwith the police investigation hanging over my head.i know the applicant is lying and she has even admitted to my fave she made the alergations up to obtain legal aid and will do what ever it takes to get custody of the children the real victim hear is me but she us being treatvlike a victim by the courts and I'm a monster
It's good that you have a solicitor and a barrister to represent you. Unfortunately the court have a duty to investigate allegations - for as many people who make false allegations, there are genuine victims. A fact finding is a very thorough hearing and your legal team should be able to support and advise you regarding the statements and demand of the other side.
I would consider giving Families Need Fathers a go if you can so that you can meet other parents in a similar position to yourself and get some emotional support. Court proceedings are never easy, but when they are as complex as yours, and carry serious allegations, it can be very harrowing, and you need some support right now.
Thank you I will defiantly look into that the hearing is next week and it's set over two days I think I've left it to late to seek advice and comfort but I will try all I want is this ordeal over with so I can have my life back
Hi Marshall, I hope you are well. False allegations is definitely not something new, however a patchy history with the law or historic domestic abuse call outs made by the police work against you. If you feel there have been times she has pushed you to act out, then this is one of them again...try to maintain your innocence. The best of us have a past, but that shouldn't define us...let the judge know your main concern is to build a solid relationship with your child...I am unsure why you feel you need a solicitor and barrister, are they both advising you on matters regarding to family law?
Hope it all works out for you no doubt, I had level two police checks done into my history, I'm glad the judge I had was willing to allow contact within a supervised setting to start with and now I have my kid every fortnight from Friday to Sunday and talk on the phone twice a week. I was made to jump thru many hoops but in the end I guess even the past catches up
Hi I have a solicitor and a barrister as the case is going to a finding of facts so we will both be cross examined and the judge will determin if their is any truth in the alergations.i have no previous history with the police up into now and I was never abusive to my wife she would often be verbally abusive towards me all her alergations are lies and she has no evidence to support them.i still have children in my care apart from my daughter who has asked to spend some time with her mother so I have said she can go live with her mum for a bit but her mum believes she now has custody of this child and as the court have said they are not willing to separate the children in the long term their mum now thinks she will have all the children however my eldest son has already said he won't live with his mum and the court have excepted this so effectively they have already split the children.
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