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prohibited steps or...
 
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[Solved] prohibited steps order


Posts: 5
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Topic starter
(@nannas little angels)
Active Member
Joined: 13 years ago

i cannot believe my sons ex partner has slapped one of these orders on my son.
he has had joint custody for 8 months now and she has had him served with one of these - he is not allowed any contact with the children what so ever
she claims he has been violent to her and takes drugs - with not one bit of evidence!!!!
i cannot believe this is allowed to happen
all i can think of the reason being is so she gets legal aid - but i cannot understand how she will be able to get this without showing real proof of violence - surely to god you need evidence of this ( police reports ) before a solicitor will act
CAN SHE BE REPORTED FOR MAKING FALSE CLAIMS
how can i prove she is lying about this.
what sickens me is that it was her violent towards my son and also liked to punch doors and when he seperated he finally acknowledged this on a caff report with surestart
i am disgusted with women who get away with these lies especially after being seperated for so long and they have both had shared custody - surely to god if he was a violent drug taker she would not have left them this long with him


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(@dad-i-d)
Joined: 15 years ago

Noble Member
Posts: 1306

Coincidence or not?

My ex started preventing contact as and when she liked around 8-9mths after I left her! (no one else involved on my side!)
When I decided enough was enough and took her to court all contact stopped and then I had to fight allegations of DV….all of which I could only prove via the various police incident records when she started saying I was harassing her etc… what actually seemed to tie in was this was around the time she got a new fella and didn’t want me finding out 6mth later that she’d moved him in to my house that I was still paying half the mortgage on!

Its been her downfall though as through all her claims she’s used the police to try and intimidate me in to walking away from our son…..all the police notes are great for me as they back me up as being a reasonable person and her being unreasonable and having no evidence to back her claims.
All of which helped me 18mth down the contact battles in court at the Finding of Fact hearing we had where the judge dismissed all her claims based on the police reports about her!

If your son has any police incident recorded against him he may need to get copies of them if they back him up. Similarly if she is known to the police then you can mention this in court and ask for them to get police disclosure to help your son prove his claims against her.

it never ceases to amaze me these so called mothers can actually think their actions are valid....especially when there are mothers/women/fathers/men out there actually being subjected to those claims they make up!

i don't wish ill on anyone but these people who actually make these horendous false claims out of revenge against the ex partner should actually be made to suffer like those people they are taking valuable resources from!


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Hi there 🙂

When was your son served with the PSO? How far along is he with the court case?


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(@nannas little angels)
Joined: 13 years ago

Active Member
Posts: 5

my boy was served today - to my total astonishment!!
i cannot believe an order has been made on just say so and it makes it worse for my son as the allegations are false
when they seperated, he actually went for help with surestart who did a caff report.


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

...she has made these allegations to justify her behaviour when she took the youngest from nursery and refused your son contact. There will need to be proof of the alleged violence before she will be eligible for free legal representation. That's the way it's supposed to work anyway!

As there has been an allegation of drug abuse the court will most likely order drug testing... This will be a hair follicle test, I think as she is the respondent and has made the allegation she will be liable to pay for the test, but not 100% on that.

When you say caff report I think you must mean an SS report. CAFCASS only make reports when ordered by the court, so they will be making a report for the case. They will want to interview both parties and they may want to speak to the children, unless they are too young.

The fact that she has been ok about contact taking place for the last 8 months indicates that she didn't consider him a risk to the children. The allegation only surfaced when she took the child from nursery....the judge should be aware of this as they are used to people telling lies to justify their behaviour. Your son just has to highlight these things when he gets to court.

Unfortunately there is no comeback for women that make these false allegations, it's shocking and it sends out the wrong message...That probably why it's so prevalent in the family law courts! 😡


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Thats what it says in theory but as the reforms only came in just over a couple of months ago then we have yet to see this working in practice.


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-divorcing-separating-abusive-partner

Here's a link to the justice.gov website that outlines what is accepted by the Legal Aid Commission when a person is applying for Legal Aid for DV


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(@nannas little angels)
Joined: 13 years ago

Active Member
Posts: 5

thankyou to all replys.
off to the solicitors today with my boy - a lot of you people will already know what we will be being told and what the next steps are but i am going still full of hope that there will be a quick solution to all this nonsence.


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Best of luck to you and your son at the solicitors. Hope is good, just be prepared for every eventuality 🙂


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

As I said Kenny, the reforms are so new we have yet to find out if they are fit for purpose. Ask your solicitor what proof he would require and whether he would need that before taking DV legal aid funded cases on. Or you could contact the legal aid board and ask them what the procedure is. 🙂


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