New to this and need advice. Wife alleged domestic violence, I was arrested but released without charge.
Now Separated from wife and she's not letting me see my son. Mediation failed and I've got certificate to go through courts. I sent the form off yesterday. I'm planning on self representing
I expect my wife to bring up DV allegations. My question is how to do I tackle these when I get a call from CAFCAS? As I've already been released by police and told no further action.
And am I expected to answer questions surrounding the allegations? If so how do I respond without incriminating myself? I don't want to get myself in to a pickle and have police case reopened and have this dragged out by the courts too.
your ex will bring up all kinds of allegations against you including DV. Your first cafcass call will be basic. DV issues will be raised. you should just state that police released you, no further action. cafcass will check your police records.
at some stage a section 7 report will be done by cafcass. thats when they call you in for an interview. and they will ask more questions surrounding your past relationship, abuse allegations, what kind of child contact you want etc.
before your arrest, did you get into trouble with the law? any convictions?
No fortunately not ran in to problems with law before. This was my first time.
So to clarify, when Cafcass call for first time, is it sufficient to tell them I was arrested by police but released without charge and that's it? I'm worried they may make me say something which will go against me and perhaps reopen police case? Is that possible? Would they tell me to explain the pictures she has of her "injuries"
I'm not sure if I want to hire a lawyer, from what I've heard they charge extortionate amounts and sometimes self representing goes in your favour too.
during my case, solicitor suggested that honesty is the best policy. in my dealings with cafcass, i admitted to stuff that i did do. fortunately they had nothing to do with injuries/beatings. just stuff about furniture getting beat up a few years back. and in my s7 report, cafcass officer praised me for being an honest person.
in your initial cafcass call, just say ex accussed you of DV and you were arrested, then police released you without charge. cafcass will go away and check your police records.
my experience with caffcass was basically positive. I was aprehensive as on their initial phone call the ex had givn them an absloute shopping list of complaints which I was asked about. Many of these were historic (had been dealt with previously). My photo diary of activities showing my two having fun helped me (my confidence) though the caffcass officer did not spend a huge amount of time looking at it. I think the officer when she came to interview me had also seen the ex that same afternoon and very little of the allegations in the initial phone call were actually asked about. It is possible my ex had damaged her own credibility by the allegations or in the afternoon visit.
When i read ther caffcass report it was good enough to get me the contact arrangements I was asking for (every other weekend and a couple of weekday evenings). My best friend described it as biased in that it was basicaly hostile to me but without the available facts to find against me. It was certainly more hostile than her visit indicated was likely.
yes i would also like to add that my cafcass experience was very positive. the officer was very down to earth and reasonable. at my last hearing, it seemed like my barrister just wanted to be reasonable and open-minded. he wanted to add issues with travel abroad and passports, into the recitals section, which i thought was a stupid idea, as i know my ex and he does not.
at that point the cafcass woman intervened and said the passports and travel really needs to go in the ORDER section, to reduce chances of me returning to court next year. ex side were also proposing silly times for me to drop kids back on sunday, like 4pm. cafcass clearly recommended evening drop off. so again she intervened and said it should be 5pm at least. after cafcass case was closed. she was still emailing me advice when i contacted her about some concerns.