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My wife has alleged domestic abuse but the court has ignored my allegations against her

 
1Peter
(@1peter)
Trusted Member Registered

My wife has alleged domestic abuse but has been unable, at the family court, to give sufficient evidence.

My evidenced allegations of domestic violence and financial abuse against my wife has not been addressed by the court. 

What can I do to have my allegations addressed by the court? 

Quote
Topic starter Posted : 17/09/2022 9:02 pm
HarveyBDAC
(@harveybdac)
Eminent Member Registered

How far into proceedings are you ? I'm guessing pretty deep.  If your ex made allegations from the start and they have been tested , then why are you only just wanting counter allegations looking into now ? 

You need the court to give you permission to submit evidence , you cant just submit what you want when you want.

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Posted : 17/09/2022 11:26 pm

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mrstrange
(@mrstrange)
Estimable Member Registered

@1peter

Family court deals with issues in a compartmentalised way.

 

Mother has allegations of abuse against her by the father: Mother must apply for a non-molestation application.

Father has allegations of abuse against him by the mother: Father must apply for a non-molestation application.

Father/Mother has safeguarding concerns or allegation of abuse against the children by the other parent: Father/Mother apply for child arrangement orders.

 

This is why break ups can be very expensive as either parent will be billed by their solicitor and barrister individually by legal proceeding. Couple who divorce might have as many as 6-7 concurrent legal proceedings.

 

During child arrangement proceedings, allegations by each parent against the other won’t be tested and are usually only relevant with regards to handovers. 

ReplyQuote
Posted : 19/09/2022 2:57 pm
Champagne
(@champagne)
Reputable Member

You can apply for a non-molestation order against the mother without a solicitor.  You need to complete a form FL401 and provide a statement with your allegations, submitting as much evidence as you can.  You can find a guide on the advicenow.org.uk website.  There isn't a fee.  The mother will no doubt contest it, then you will have to prepare a Scott schedule using around 5 allegations according to the limit set by the Judge.  There will then be a fact finding hearing.

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Posted : 19/09/2022 6:04 pm

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