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Hello,
I wonder can you help me with legal advice or any advice at all. I am involved in court battle for custody of 3 year old boy. My ex partner have taken me to court without my knowledge a year ago and that way got residency of our son, ex parte order and non - molestation order. In this year long battle, things have turned to my side, where I was gradually getting proper contact with our son (overnight contact every second week and bank holidays).
I have noticed that my ex partner solicitor have been "ticking the boxes", so Non-molestation order has exaggerated application form which states physical abuse of my ex partner (there is no example of physical abuse in my ex statement). This has caused a great deal of stress to me and lead me into depression, to which I am dealing now. I have never been physically violent to my ex-partner. This is what is upsetting me a lot, a lie of physical abuse where there is no mention of that.
What is my right here? Can I complain to someone about this? I am finding hard to believe that court order can be issued based on false accusation, on just ticking relevant box, without proof of that. Non-molestation order was discharged after second hearing, but I am finding difficult to go further in life and start taking care of our son.
Hi
You have to get past the lies, it could be so she could apply for legal aid, or it could be a way of muddying the waters in the proceedings to try to slow you down. Ultimately, it's a 'mind game' that they are playing, so your best defence is to counter any arguments she makes and concentrate of what's best for the children and you.
Dont get psyched......she probably did this for legal aid and to build a case. Concentrate on your son - if you felt really strongly about all the allegations raise it with a judge at the next hearing. The only outcome you have to determine is even if it is false is it going mean you get more or less contact? If you feel it is going to help then you can push for something called a findings of facts and i suspect if your applying for sole residence it may become pertinent
Good luck.
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