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hi, back in 2010 i was arrsted for assult, but which then led to me being re arrested at police station for 4 counts of rape made against me by my ex wife to be, i got bailed for it, and 3 months later went back to police and 3 counts got dropped and got charged with one count which went to crown court and i got found not guilty by jury and no evidence anyway, but now two years down the line i have put in for a contact order to have my kids over night, but the ex is preventing it by all means she can, but the allegations some how is now playing a big part in weather the courts are going to allow me to have my kids over night, the judge has basicly said, that he wants to see everything that happened during the police and courts in regards to the allegations and he is going to read thru all statements and decide for him self weather he feels i should of got guilty or not, and if he feels i should be guilty then he is going to stop me having any type of contact with my kids for good, tho i have had contact with them past two years, and un supervised at that.
please advise what action i should take upon this my self due to im sacking my solictors
the allegations was made by my ex wife and she aimed them at her not my kids incase anyone gets wrong end of stick
Hi there,
As you went to court and were found not guilty at Crown Court, I find it hard to believe that a family court judge could overrule that and use it against you.
Even though you are sacking your present solicitors, you could do with some legal advice on wether this admissable. If you dont qualify for Legal Aid, then perhaps you could look around for solicitors that offer a free half an hour consultation and get their opinion on it. Failing that, the Citiznes Advice Bureau can give you free legal advice, they do have a legal department, so they may be able to help.
If you find that the judge is working outside the parimeters and is overstepping the mark I would go and see your MP about it.
Under normal circumstances I would say that you could represent yourself, but as this is quite a complex case then I would try and find out exactly where you stand with it all. If it turns out that the judge is not within his rights, then I would try and find out who you can appeal to that is above him.
hi,
thanks for the reply, i have done research into it my self anyway, and as far as i can firgure he cant do it, but i did question my solictor over and she has said she knew it was going to happen and is just going to allow the judge to do it, so what i am looking for what legaly can i do to stop this from happening and have the order put thru like any other case that gose to family and civil courts
It's a tricky one. In a criminal court, the test of guilt is "beyond reasonable doubt", but in a civil court, the test is "on the balance of probability" so this could be what the judge is looking at. However, even if the judge decides against you, I don't see that there is any reason why supervised contact shouldn't be a possibility, so I would be prepared to suggest this, although I would hope the judge would do this anyway.
the judge as gave me supervised contact, but the allegations is being used against me, and he has said if he thinks i should have been found guilty in his opion, then he will stop me from seeing my kids, i need adive on how can i stop the judge from doing this
I would ask your solicitor - I cannot see why the judge would give supervised contact only to stop it later, it would seem more sensible to simply extend the supervised contact.
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