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False allegations - help

 
(@brs1177)
New Member Registered

I’m wondering if someone can shed any light or share their thoughts.

Someone close to me has separated from her husband. She had been unfaithful which has obviously hurt him.

After finding this out, he called social services accusing her of abusing their daughter for over a year (physically and emotionally) and then applied for emergency custody of both children. He has also accused her of all types of abuse against him.

No abuse of the children has happened except normal parenting and sanctioning (moving to room, naughty step, restraining in a tantrum etc).

MASH closed the case with no further action and the police, who were sent round for a welfare check, found no concerns whatsoever. The children are thriving and now that the couple are living separately, have two calm and stable households.

The judge awarded 50/50 custody at the first hearing and asked both sides to prepare statements for the next zoom hearing where he will decide if a fact finding is needed or if a section 7 report is required.

I suppose I just want to know: how much evidence do you need in a fact find to disprove false allegations? Could the judge suddenly change custody significantly based on a fact find if there is no corroborating evidence other than allegations and videos of verbal arguments?

Thank you for any views or advice. She has a great solicitor but the ex will not even speak to her via email about the children.

Quote
Topic starter Posted : 01/09/2022 10:40 pm
(@mrstrange)
Estimable Member Registered

Although family court will investigate allegations.

1. The burden of proof is on the applicant, not the respondent.

2. The allegations might not be relevant or meet the threshold of abuse.

3. The allegations might not be relevant to future contact arrangement for the children.

ReplyQuote
Posted : 03/09/2022 7:29 pm

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