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TOPIC: Are things changing?

Are things changing? 4 months 3 weeks ago #97026

  • Dad-66
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I have just seen this news article and it has huge ramifications for those going through the courts fighting PA

www.blackpoolgazette.co.uk/news/crime/wo...atgdHc385QUrwqts_wGk

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Last Edit: by Dad-66.

Are things changing? 4 months 3 weeks ago #97027

It is a trial that is being ran via CAFCASS that if is parent alienates or "coaches" a child into resenting the other parent it is now considered an offence.

The big point there is it only a trial, this will probably then be subject to a review of it's successes and failures and that MAY then be implemented/changed or scrapped.

I for one welcome this particular change, but there are a number that are going through a consultation period atm that will have drastic effects for dads myself included. The main one being below

Including if domestic abuse is claimed (Only claimed remember, no proof required) then the "victim" is not going to be cross examined on their allegations, to protect them from suffering the memories of the abuse again. I for one believe this to be a horribly one sided decision. How are you supposed to proved claims false or holey fabricated with no way of cross examination...this will lead to more false statements of domestic abuse because it makes the "victim's" case a lot harder to argue against.

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Are things changing? 4 months 3 weeks ago #97029

I do get part of the reasoning behind them bringing in this to prevent an alleged victim being cross examined if they truly were a victim as yes the abuser could be seen to be using that to further abuse the victim.

However, i have to agree with Ironman, how can you then disprove allegations when you know the other party is lying and making false allegations if you cannot afford a solicitor to speak for you?
This will be a serious problem for anyone being accused of something they've not done and not having representation, and in my opinion will lead to way more false allegations being made.

You only have to see the rise in allegations of DV since legal aid was cut for contact disputes without DV / DA having been inthe relationship!

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Are things changing? 4 months 3 weeks ago #97042

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I agree - I can see the reasoning behind this, but it does make a mockery of innocent until proven guilty.

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Are things changing? 4 months 2 weeks ago #97078

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There will have to be a way of questioning, even if it doesn't come directly from the alleged abuser.

Abuse cases aside - cross examination undertaken directly with the other party is often a disaster in my experience as it regularly ends with the parties arguing.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Are things changing? 4 months 2 weeks ago #97164

I brought this up with CAFCASS today who confirmed that they are aware and what will now entail is an additional hearing to decide if/how the applicant would answer the questions if domestic/sexual abuse is claimed.

This can be the accused pre-writing the questions and a judge asking them, the "victim" answering them from another room/behind a screen or in worst cases not answering them at all at the courts discretion.

Just another blow in the face of innocence and more time to get through court

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