[Solved] False allegations

Are you currently going through the court process? CAFCASS are usually only involved when a case is going through court. Once the case is over they don't usually have any input, this is taken over by the local authority which is Social Services.

The resident parent can stop contact even when there is a contact order but there has to be a good reason for doing so. Strictly speaking stopping contact when there is an order is a breach and can be challenged back in court. If the court finds in the mothers favour this could effect the amount of contact you currently get.

Is there any way you could discuss this with the mother through Mediation, as this would be the better option.

Thankyou
No Cafcass did a report for the Court And they did tell me that they were no longer involved
When i asked their advice after my X rammed me with the buggy and jolted my Son sideways.
on the day in question i had instructions from my X not to use Nivea suncream on him So i used The brand she had sent
Applying it three times in four hours.The photos i have show no signs of sunburn and have been printed off for my Solicitor to see.
Mediation wont work my x wont even speak to me and gets very aggresive when i try.
i just wish the courts could see that it isnt me who has the problem.
🙁

Yes, I find it highly unlikely that it was CAFCASS that advised her here....which begs the question, is she pulling a fast one!

It might be a good idea to call CAFCASS and ask them if indeed they did advise your ex to do this, the courts take a very dim view of lies!

Is this the first time she has breached the Contact Order? I ask because if it is it might be more realistic to try and get her to
reinstate contact with the threat of enforcement by the court if she doesn't comply...a solicitors letter is far cheaper than court. The solicitor could also ask in the letter if she would be willing to attend Mediation.

Courts are turning to Mediation more and more and it is expected that when problems arise that this is the first step and should be tried before applying to the court to intervene.

Its more usual for there to have been several breaches before taking it back to court for enforcement.

This is just my opinion. 🙂

My Contact is relatavely New
The first four weeks were Spent at a contact Centre Where my X said he had Concerns That i was neglecting my Son
Her Solicitor asked for a urgent direction That i attended with my Mum
My Solicitor came to us and said Cafcass Had been contacted and there were no issues at the contact centre
The Judge threw out the case against me.
The following week My Contact was upped to unsupervised and i was free to take my Son where i wanted too
I know her family were following me around and i had suffered Abuse from her new partner and her Mother.
After six weeks I went back to court and they upped my contact to 8 hours But gave her a residency order
That was 26th june 2013 So only 2 weeks of seeing my Son She has broken the order.
I am due back in court in September to review my Contact to allow Staying contact,
This is really stressing me out because i am under that much pressure to do everything right and Document everything
That its impacting on the Quality time i have with my Son.
When i go to Court everything has been agreed outside the court room, only then do we enter and the judge tells us what the contact order means and what can happen if its breached. will it ever come to a full hearing where i can have my say and call in witnesses to confirm i can look after my Son.
Thanks for your help.
The X will not Attend Mediation I went myself but she failed to attend thats why it ended up at court

Hi Kenny
The residence order states where the child will live usually the Mother
But My Contact order Should run alongside it allowing me to see My Son
In Theory thats how it should work
But it can wrong as in My case Because of all the False Allegations My X is Making
Like i sent him home Hungry,I sent him home Sunburnt I neglected Him at the Contact Centre
All untrue and everything documented Ie Photo,s And written Statements
Hope this helps Mate

Hi Kennymac
The residence order states where the child will live usually the Mother
But My Contact order Should run alongside it allowing me to see My Son
In Theory thats how it should work
But it can wrong as in My case Because of all the False Allegations My X is Making
Like i sent him home Hungry,I sent him home Sunburnt I neglected Him at the Contact Centre
All untrue and everything documented Ie Photo,s And written Statements
Hope this helps Mate

Ah so your solicitor is trying to get the September court date brought forward because of the breach.

Did you report being followed and the abuse by her family and new partner to the police? It's advisable that you do this every time it happens, it will help you to show the court that they are behaving unreasonably towards you.

I can understand how stressed you feel, but you know it will all be worth it in the end so try and remain positive, so far it seems to be turning in the right direction for you...the judge seems to have a handle on the case, has dismissed her claims, and you have moved to unsupervised contact with overnight stays to be decided at the next hearing. I would say that is progress, even though it might not seem that way to you at the moment.

Have you been asked to submit a statement to the court at all, this would be a way of getting your points across. Talk to your solicitor and ask if you can put one together and file it with the court for the judge to read before the next hearing.

At some point there should be a final hearing where you should get the opportunity to have your say. The court process can be a very slow moving one at times, but don't give up hope and as I said before, try and look at the positives and concentrate on the progress you have made.

I havnt reported Them to the police i thought it might make matters worse
And that they would think i couldnt stand up for myself.
But i will Definately do so if they carry on with their antics.
I have not been asked for a statement yet but will ask my Solicitor about it.
Thanks so much for your help Nannyjane i feel a little better about the way its going now 😀

And yes Sorry the Solicitor has wrote to the Court to get an earlier urgent Direction
Because of the Breach

Reporting their behaviour to the police wont make matters worse for you, but its likely to for them....its all about showing them in a bad light....if it were you doing the harassing, the woman wouldn't hesitate to report you for it and there would be repercussions, the same rules apply. If it happens again report them and bring up the previous abuse etc that you have suffered as well. If you don't want the police to take any action you can request that they just file your complaint. Then in court your solicitor can ask for the police report for the court.

Oh and Im glad that I have helped you feel a little better! 🙂

I am So Upset re Sunburn
My X has submitted Photos Of my little boy with Severe sunburn from head to Foot.
He was not sent back from my care with any redness at all.
I do have Substantial evidence in my Favour.
Photos,on my computer and mobile Phone all Dated and timed.
My Solicitor has got an urgent direction for next Wednesday,
I am Devastated to think that people who are supposed to love and protect can do this to Frame someone else.
Hopefully the Judge will hear me i am going to ask that my Son Be put in a place of Safety and The X arrested for Child abuse
Nannyjane will the Family court have the power to do this please help 😡

The Courts have the power if they think a child is at risk of serious harm. I would think carefully about asking for him to be removed to a place of safety...they might then put him in care and you don't want that! If the court accept that you weren't responsible, perhaps you should ask for residency at that point instead.

They may want to put a child protection order in place, and there would be risk assessments done and multi disciplinary meetings to decide the best way forward, but if this happens it doesn't always follow that they would remove him from the mothers care. Its so hard to second guess how the court is going to react.

What is your solicitor saying?

My Solicitor Has compared the photos and agrees that the sunburn has not been Caused
Whilst in my care,She has said that X is liar.
She rang the court after my appointment Yesterday and she has rang today saying its next Wednesday
I am a little dissapointed its not sooner but i understand they have other urgent cases.

Hi Kev, I would go with NJs suggestions, you have to be carefuly, as a place of safety could mean putting a child in care and you may have no choice in where the child is placed, i.e. you, your parents, her parents, or other relative, or a foster carer. Putting in for a residence application is a better idea.

I understand how anxious this must make you feel, but I'm thinking (hoping) she wouldn't have burnt him on purpose....it has been so hot, she probably didn't take the care she should have done and when she has realized how badly burnt he was, decided to try and blame you....no consolation though, it shouldn't have happened.

Another point, did she take him to A&E or the GP for treatment of the burns? Any normal mother would....and if she did then the date she attended will be a good indicator of when it happened. If she didn't then why not?

Thank you both for your Advice
I am pretty new to this so dont understand much about what options there are.
Didnt realise My little Boy could end up in Care I really dont want that
So i will take your advice and ask for Residency.
I am at my wits end Knowing how Dangerous my X can be.
But i will be even more on the Ball now Just Sorted my Camera to include Time and Date on Prints

I dont know if any doctors or hospitals were involved
It will perhaps come out in court next week
If i text her or ring she will ignore it I am thinking Sadly it may have been done on purpose
after the fuss she made has to what suncream i used on him.and how [censored] bent her and the partner getting me out of their lives

I'm assuming you have PR so you can contact your sons GP and request the information, the GP would be able to tell you if a visit was made to A&E too as it will be in his notes.

Nannyjane
Yes i do have Parental Responsibily But i cannot get any Information Out of X
The Court did tell her that If there were any Medical Issues Then i have to be informed
It was infact put into the Order.
So she is either Going against the order again or Medical advice has not been sought.
If thats the case then she needs locking up.
From the Photos i would Say My Son was in a lot of pain a
There did look to be Blistering to his upper lip.

If you don't know the name of the GP you can write to the local authority education department in the area they live and request the information from them.

Oh Right Thank you
I will try that 🙂

I said education authority in my previous post when I should have said health authority! Sorry if that confused you...Here's a link to a factsheet about PR, on page 6 you will find info on what to do about getting hold of your sons medical records and the name of his GP.

www.thecustodyminefield.com/Factsheets/TCM-PR-Print.pdf

Brilliant Thank you
I have sat and written a statement of events on the day of contact in question
I have referred to my Photographic Evidence with Date and times.
and have questioned if Medical advice was sought After handover that evening
when and where it took place and why i wasnt informed.
Thanks Nannyjane you have given me a bit more fight and determination to prove i am innocent 🙂

Hi Nannyjane
I went to court Yesterday wow didnt the Judge just Give my x a good dressing down
My 8 hour contact has been reinstated and She has been told by the judge that if she stops my contact again or he Sees her in court from now Until the hearing in September then She will go to Prison and its not a threat.
I am over the Moon
Thankyou so much for your Advice 🙂

Well done Kev....hope she sticks to it

That is fantastic news Kev.

That's wonderful news Kev! I'm so glad it all went your way....wish I could have been a fly on the wall! Roll on September and overnight stays... Just keep making a record of everything, and don't forget we are all here for you!

Oh i intend logging everything Nannyjane
Just to warn you all If you submit any photographic Evidence Make sure it has The date and time Imprinted onto image
Use a Digital Camera.
if you use a mobile Phone only some phones will work.and Phone shops cant help you retrieve the image and the File information thats with it I have tried,
One way to do it is send the image to your Computer by email or usb cable
Then Take a Screenshot of the Image information and send that to your own or a friends computer in an email.
Print off both and Staple the information that includes date and time to the image.
The phoneshop advised me to Photoshop the date and time on but that is illegal

well done kev - sound fairly far fetched as sunburn would present soon.

Would be interesting to know when she reported the incident etc....anyway build evidence that is prepared to lie and deny contact. It is not gonna do her favours.

Thanks for that information Kev regarding date and time stamping the photographic evidence. Son due in court shortly and we have got photographic evidence, so will sort out putting that onto them. We have already submitted the pictures to the solicitors but he never mentioned anything about date/time on them.

Your welcome Cuddles
Hope your Son Gets a good result in court.
I didnt get my usual Solicitor yesterday He was a Locum But was Absolutely Brilliant
and threw everything at them,Ive never seen anyone climb down off their high horse so quickly
Good luck

That's great news Kev! 🙂