TOPIC: Applied For a C100 + C1A, Advice Needed

Hello, and where to begin! I'm looking for advice on how to proceed with my case, and if in what my chances could be of being successful, or unlikely given the circumstances.

Our informal access agreement between us (verbally) stated I would have them shared time over holidays, eg 1 week with me, 1 week with her if it was a 2-week holiday. Also, I would collect them every 2nd Friday evening and bring them home the same Sunday in the afternoon.

Last October (2019), during half term I had my two boys (both under 8 y/o, eldest has autism) as normal. During that week while putting my youngest to bed, asking him if he was looking forward to going home, he said no. I asked him why and he made an accusation of sexual assault/abuse (he didn't understand any of this, it was more that the assault hurt) against my ex's partner who lives with them. I quickly got my phone out and recorded as I asked him again, he repeated it. I messaged her (kept all records of this) and I wasn't satisfied with her response, aka saying he never spent any time alone with the kids, although he would be responsible for getting them to school and picking them up, as he doesn't work, while she is away from 8am - 3pm daily.

I took them to the police so it could be reported, A case was started, during this my 2nd child came out with an admission that it had happened to him too. Both were subsequently video interviewed by specialist officers, while during them being with me at the time, I kept them until I was given the all clear to take them back (once safeguarding to remove him was put into place).

After I took them back to their mother, for school and normality and whatnot, from then, she stopped all of my access and contact with both boys. I obviously persisted to get contact with her, but she refused on concerns of the kids mental health during the case. In the midst of the allegations, she claimed that my youngest who made the initial allegation had claimed that I hit him (previously before this, but she didn't mention this until this point). It was more he said this about you, and I didn't believe him, so he is lying about these allegations etc. She stated that once the investigation was finished, she would reinstate access.

Once the police carried out their investigation, around Feb/Mar 2020, they concluded they didn't have enough evidence to proceed, an assumption by me is that they couldn't guarantee a conviction so they didn't proceed as it was his word against theirs. I asked her about reinstating my access, and she refused stating that something had came to light and that she was advised not to, she wouldn't say what it was and during our conversations numerous times, I was asking how my boys were, but she refused to answer or acknowledge the question.

I had a MIAM with a local mediator, who instructed me that mediation wouldn't be the most effective way forward, and that I should apply to the courts, also sent me the forms I needed and signed, to make my application to the courts.

I filed a C100 and C1A in relation to the abuse, fearing that something wasn't right. The kids had said they had told her about it but she didn't believe them, they told me and I acted. It feels like she doesn't want the kids to tell me things and feels like she is trying to replace me as the father of her children (I have parental responsibility as I am named on the birth certificate for both of my children).

I applied to the courts for a hearing without notice to take place on the grounds I don't believe my kids are safe as the alleged (her boyfriend) has moved back in after social services removed safeguarding. My experience with social services was limited, I had tried to get in contact many times but they never contacted me back, they never even informed me of their decision or process when they removed safeguarding. I only found out when I rang up about the case and they informed me they couldn't discuss it as it was closed.

I have been given a hearing date (14th May), but I have requested statements from the police in relation to to the child abuse case, although I have had to order birth certificates to prove parental responsibility to the police to get the information (this may take a week to do). They are going to send me my statements, in relation to the sexual assault allegation, as well as an incident which happened where she attacked me with a babies potty and her elder son from another relationship rang the police. I have also requested all the case details from social services, but I haven't heard anything back from them yet.

I have to prepare a statement to the judge for this hearing, but I don't qualify for legal aid at present, not unless I can show signs of abuse which I can't do until the police/social services send me documents I need, which they initially refused in relation to legal aid applications when I first asked.

So a couple of questions:

1. Do I have a case in family court in regards to their safety? I feel just because the police didn't take further action, that both my children aren't lying about the incident, with one child saying it had happened more than once to the police.

2. What is the best way to represent myself, what do I put in the statement, does anyone have any helpful guides or templates to assist me.

3. What is the likelihood of me getting custody, my access reinstated, and having him removed from the situation as I don't believe them to be safe?

I love my boys and would do anything, I miss them and feel I'm being unfairly treated as it feels like I'm being punished for doing the right thing. I'm not a judge jury or executioner, so allegations about him aren't my concern, my children's wellbeing and maintaining a healthy relationship which was great until all this happened, has been removed.

Any help and feedback are appreciated!

hi,

have you been told exactly what type of statement to write?
if its a position statement, then theres good info and template on how to do one here:

childlawadvice.org.uk/information-pages/...-position-statement/

with the allegations, courts social workers cafcass will most likely be asked to investigate and write a report. without any real evidence, it could be hard to prove if anything happened.

at the least, you should be able to have access to your kids re-instated.

you should be careful about recordings of children. its a very touchy subject. don't be surprised if you get accused of manipulating the kids into making those recordings. cafcass will very likely be speaking to your kids during this process.

Your questions really depend on the facts on the ground as a judge would see them.

1. This depends on how successful you are at bringing a fact finding hearing based on these allegations.

Then how the fact finding hearing goes on. It's possible they'll want to interview the children again.

The police threshold for conviction (criminal) is beyond any reasonable doubt, the civil court (your case) is on the balance of probabilities, so it's possible that the court will find that he did do that.

2. If you want to do this on your own it's going to be tough. Go to BAILII and trawl through similar cases in the past. There are plenty.

Some tips: a) don't expose the kids (you don't have access to it anyway), b) Don't slag off the ex 3) Keep it factual.

3. Unlikely you will get "custody" - the kids already have a routine. Even if the court finds that he did do that, it's much more likely your ex will be asked to keep him away, and you will have some form of contact, insist on shared residence in the least - What's likely is that you will get the 50/50, possible after a period of supervised contact.

Hi, thank you for the advice, it really helps put my mind at ease.

I should have stated this before. My application is for a without notice hearing on the grounds I believe the children to not be safe.

The details of the statement that the court has requested is attached to this post (I've blanked out personal details and location of court, but it is in England)

so looks like you need to write a position statement.

Bill337 wrote: so looks like you need to write a position statement.

Thank you Bill, I really appreciate it. Will I need evidence to hand, or will this be needed at another stage?


Kind Regards

you can save evidence for later. cafcass will likely get involved. will have phone calls with you/interview. then you can give them evidence.

social services have closed the case and police have decided not to proceed. You are self - representing as well. I don't think you have any choice , but to get contact re-instated and get a good contact order. I don't think a court will order a find a fact hearing. Maybe if you was represented it may have been considered. However this would cost you thousands and the allegation was against her partner. You would not get residency and would still walk away with some form of contact.

Not being represented though she could get representation and make up a list of allegations that could if things went against you see you ending up in contact centre if a find a fact hearing went wrong.

I am only writing the above as social services have closed case and police are not proceeding and you are not been represented in anyway which could cause problems if things got messy ( mud slinging )

warwickshire1 wrote: social services have closed the case and police have decided not to proceed. You are self - representing as well. I don't think you have any choice , but to get contact re-instated and get a good contact order. I don't think a court will order a find a fact hearing. Maybe if you was represented it may have been considered. However this would cost you thousands and the allegation was against her partner. You would not get residency and would still walk away with some form of contact.

Not being represented though she could get representation and make up a list of allegations that could if things went against you see you ending up in contact centre if a find a fact hearing went wrong.

I am only writing the above as social services have closed case and police are not proceeding and you are not been represented in anyway which could cause problems if things got messy ( mud slinging )

I appreciate that. I don't want to be self-representing, but without the evidence from the police, and case files from social services, and that the sexual abuse allegation is against her partner, I can't get legal aid.

Would evidence stating that the kids had told her about the allegations, but she chose not to do anything about the abuse, would that constitute grounds for legal aid on my end?

I take it she wouldn't be eligible for legal aid either given the situation?


Kind Regards

its rare for men to get legal aid. if your ex is on benefits or very low income, then easy for her to get legal aid, and if she throws in some allegations about abuse/violence suffered at your hands.

There wont be any legal aid I am afraid. For woman in some cases it don't take a lot to get legal aid, I think it is a little bit harder than it has been in past to obtain it. Best way in your situation is to get best result you can is to get as much contact as you can and avoid find a fact hearing due to no professionals fighting your corner so to speak