[Solved] 4th hearing, possible Fact Find..what to expect??

Hi,

I attended my 4th hearing on 15th October 2013 as i applied for contact for my 1yr old son whom i havent seen in a year. Our relationship broke down and since anything regarding our son she becomes incomminicado.

In our previous directions hearing my wife did not attend as she was not in reciept of legal help, but had to sit a voluntary interview with the police as she was harassing myself and my father ' a vulnerable adult with mixed depression and anxiety' whom she planned a malicious attack by claiming to SS that he was being abused by me and my family. This of course was quashed by SS but it effected my fathers health again as it deteriorated. My wife is a trained medical professional who works in a hospital. see that!!

The situatuion is like this. Directions hearing pointed that she must be in attendance with or without legal help. She must file a statement to which i get to respond 3 weeks later before our 4th hearing, stating what exactly abuse she is referring to from the cafcass. i recieved her statement 1 week late and she got some help from the solicitors through legal help scheme.

Her statement read extremely vague, and was a 69 paragraph statement starting from the moment we married right upon till she left me and have the child without me. in her statement she wrote that i threatened to kill her, violent to her, emotionally abusive, mental abuse, attempted to kill our baby at 6months pregnancy. After the baby was born and i began contact but as our relationship brokedown, the last day i saw him being Nov 12, she began alledging that whilst she and my son who were residing in her parents house i attempted to stubb cigarette butts and then sexually abuse my child. I was sickened by how low she become and how much further she went into lying and this despicable satanic behaviour.

Luckily, i had lots of evidence with emails, sms, whatsapp of all our commincation and photos to counter her statement. There were also lots of contradictions in her statement. the biggest in particular was that after she alledges that i did all the horrible things to her, and worse to my child the last day i saw him, she agreed to reconcile and move in with me at our home address. More so i have messages where she herself is being extremely intimate two days after she alledges i was attempting to sexually abuse our son. i find it odd she never reported this to SS, but was quick to report that my father was being abused by me a year after she left me!!

Anyhow with that being the worse of allegations among the many if not all types she has thrown at me, i have never had police trouble, been arrested for DV, or ever had SS come to me or write to me. Her allegations to this extreme were never mentioned to CAFCASS or in there report. she turned up on the 15th without a solicitor but had PSU with her. I attended with a barrister (I am a little annoyed that my solictior never attended as he was new to my case - no continuity). However i was really hacked off that i had a panel of magistrates, one legal advisor. two of whom were women and the other being a bloke.

It was clear they had not read my statement if not properly or fully at all, if they had her allegations should have been quashed and i should have been allowed supervised contact which is what i was pushing for because of all her allegation during marriage and upon till recently. we did insist however that if a fact find is required, we should treat this matter as seperate and allow supervised contact until then to allow me to not delay contact as it has been a really long time and to prove my father capabilities.

The option of this was put to her (wife) and she panicked and denied this because she advised she needed to speak to her solicitor and she isnt represented because of no legal help. She made out about her concern of safety for child, even they explained he would be safe in a supervised environment. Her response was that she is not being spiteful, but that i chose not to see him since nov 12, where has been and i am concerned about my sons safety, so need to speak with solicitor. she also stated that she has spoken to numerous authorities about me and her concerns and is waiting to get the information for a fact find. As far as i am aware, i have never done anything she is alledging and have never recieved contact from authorities. i think its a ploy to get legal aid but how?? the only lie i found was that recorded on my sons medical report 14 Dec 12 a month after i had seen my son or her and stopped contact, she alleged a domestic abuse incident at her parental home address, letter from heft and police call out but NFA.

I was flabbergasted, the man (magistrate) who agreed with our proposal was quashed by the two female and they agreed in her favour. They felt sorry for her because she was not represented, praised her for writing her 69 paragraph life story statement, (wife lied she never got help with her statement when she did), and they stated now after recieving my statement with all the evidence she writes a 7 point Scott schedule, and revise her statement. I get to counter again 3 weeks later for a final hearing 29th November which if a fact find is required will proceed but a decision for contafct will be made. I think in this case i have a judge!

i am really disgruntled by this procedural hu ha rubbish and the fact these magistrates who are not legally trained and are volunteers get to decide on my contact with my child. I was appalled and still am at this decision, she has got away with it again! I am concious that her revised statment will now be a new one, and will use the information facts i have from my own to manipulate it as hers did not have clear dates and again was vague. im not that worried as i have witnesses who have given statements, again communication contradicitng what she says about harming our son where she is being intimate and trying to reconcile our marriage, police logs for her harassing me etc photos. If it needs to go for a fact find. Funnily enough at the hearing she was pushing for a fact find. i hope she does as my evidence will find her out as a liar.

Is there anything i need to be weary of, i am worried about her falsifying information to some authorities i may not be aware of other than SS and cafcass. i have stuck to the truth, as i kept a journal and a log of events and remember everything well. unfortunately, it feels like i am never meant to ever get to know my son or ever have contact with him. My wife statement did not have any proof of communication, evidence attached or witness statements which is why i was confident.

Should i be weary of anything, i am in truth worried to bits about this..?! What should i expect to happen on the day? i hope they give me a fair look at and read my [censored] statement!

Is she entitled to legal aid? she has made these allegations but i have not had police or ss write or look for me. she reduced her hours and i believe recieving benefits too so financially she is trying. but would defo not declare her savings account.

please advise, i am becoming a nervous wreck which i never was!Too many lies and it feels like they are winning.