Violating a custody order or state laws can result in arrest and jail time. If the judge finds out about the warrant, it is likely that you will be arrested when you appear in the custody matter. The other parent(s) may ask the court to revise the custody order, further restricting your custody and visitation rights. There are two types of contempt: criminal and civil. Criminal contempt serves to uphold the court’s authority and punish the contemnor (person who’s guilty of contempt) so they don’t do it again. A person can be held in contempt of court, which is not a criminal offence but can result in fines, community orders, or up to two years’ imprisonment.
A bench warrant can be issued for noncompliance, often occurring for those delinquent on child support. It is important to check your order or notification of proceedings to make sure you go to the right one. Family courts can also issue a warrant for your arrest if you fail to follow an order of protection. If you are arrested for violating an order of protection, there can be a new Criminal Court case against you. In Non-Molestation Orders, if it is violated, the abuser can get arrested, but in the case of undertaking order, there is no authority to arrest the abuser.
In family court, incarceration is considered a last resort and is typically associated with significant or repeated violations of court orders. If you harass or make threats, family court has the authority to have you arrested and charged in criminal court. An individual can have a criminal case pending against a family member in family court for an order of protection, as well as a case pending against that same. Family court considers pending criminal charges against your ex, especially felony charges and those related to domestic violence, which can affect your custody and visitation rights.
When parties are involved in Family Court proceedings, they will often be going through a process called “family court” where they are referred to by a judge.
| Article | Description | Site |
|---|---|---|
| Can you go to jail in a family court for harassment or threats? | If you harass or make threats family court has the authority to have you arrested and charged in criminal court. | quora.com |
| Criminal Charges in Family Court – Expert Q&A | No. You’re not being charged in Family Court. They are just alleging that you committed certain acts to get a protective order. In which court … | justanswer.com |
| Can Family Court Send You To Jail? | Yes, family courts have the authority to impose jail time under certain circumstances. This typically occurs if someone defies court orders. | halt.org |
📹 False Allegations in Family Court How to deal with false allegations BlackBeltBarrister
What to do if false allegations in family court are made against you. The court will not make assumptions on allegations made …
How Does Family Court Work In NY?
The Family Court in New York State addresses cases involving children and families, handling matters such as child abuse, neglect, adoption, custody, visitation, domestic violence, and paternity. The court may appoint a lawyer for the child and order investigations from social services or mental health professionals. Custody decisions prioritize parents, with petitions for custody or visitation submitted by anyone. Each of New York City’s five boroughs has its Family Court, and cases are adjudicated without juries, with judges or support magistrates making determinations after fact-finding hearings.
The Family Court was established to address the specific legal needs of families, and its procedures allow for one ongoing case at a time. Legal custody involves decision-making rights, while physical custody relates to living arrangements for the child. The Family Court aims to rehabilitate families and ensure children's well-being by assessing each parent's lifestyle and ability to provide care, including scrutiny of issues like substance abuse. Overall, the Family Court plays a crucial role in resolving family law matters effectively within the state's legal system.
Can I File A Violation Petition In Family Court?
If you have a Family Court Order of Protection, you may file a Violation Petition in Family Court, although this typically doesn't result in the abuser's arrest. You have options to go to Family Court or contact the police, or both. Always carry your Order of Protection and necessary details, including the other parent's name and address, a copy of the support order, and the children's names, addresses, and birth dates. Should the other parent continue to violate a custody order, you can petition for custody modification.
Completed petition forms can be mailed to Erie County Family Court, where they will be processed. To file a petition, forms are available online or at the Family Court Clerk's office. You may also seek to change an existing support order due to a change in circumstances. For non-payment greater than $500, an enforcement proceeding may be initiated. Violation petitions, also known as enforcement petitions, help ensure compliance with court orders.
If the respondent breaches the Order of Protection, you may file a petition or call the police. Patterns of violations typically yield better results in enforcement actions. Overall, a petition must be filed in Family Court to seek appropriate relief for violations.
What Happens If Family Court Is Not In Session?
The respondent can admit, deny, or consent to the allegations in a protection order petition. If Family Court isn't in session, petitioners may seek protection orders from Criminal Court. When filing for sole custody, mediation is generally required before a court hearing. Family court proceedings vary by case type, but many settle outside of court. If the other party doesn’t respond, a request can be made to the clerk to remove the hearing from the calendar.
Not appearing could lead to sanctions from the judge. Parents often need to attend mediation to resolve custody and visitation issues. If a child is arrested, they may go directly to Family Court or be held until court sessions resume. Report submissions and recommendations may not be confidential. It is crucial to understand mediation expectations and the impact of contempt of court, which can affect ongoing cases.
If a respondent fails to appear, the court may issue a default judgment, possibly dismissing the application if the petitioner fails to attend without valid reasons. Court decisions, including temporary restraining orders and divorce proceedings, can proceed without both parties present, and final orders will conclude family court cases.
How Do I End A Position Statement?
When concluding a position statement or cover letter, it is crucial to summarize your qualifications and express enthusiasm for the role. Closing paragraphs should reinforce your interest, suggest next steps like scheduling an interview, and thank the reader. Using an appropriate closing phrase, such as "Sincerely," "Best," or "Respectfully," is vital as it leaves a lasting impression. Additionally, practicing your delivery, including body language and tone, can enhance your overall impact.
A well-structured position statement should succinctly convey your key points, tailored to the audience's needs. Remember to keep it concise, ideally within one to two A4 pages, and format it clearly. Finally, remember to sign and date your statement to add a professional touch. Position statements, which articulate a company's target market and product offerings, can enhance your persuasive efforts. They serve to provide clarity and purpose, especially when navigating legal or professional matters.
I believe the facts stated in this statement are true.
n[Your Signature]
n[Date]
What Is A Position Statement For Family Court?
A position statement is a concise document, ideally 1 or 2 A4 pages long, that articulates your position for a specific court hearing, often utilized in review or directions hearings. Although not mandatory, writing a position statement can be beneficial, especially in family proceedings, whether you have a solicitor or are self-representing. This document serves to outline the key issues and the desired outcomes for the hearing, while also summarizing the order or directions sought by that party at both the current and final hearings.
Creating a position statement allows you to analyze your case, gather feedback, and present your position clearly to the court and opposing parties. It is distinct from a witness statement, focusing on your stance rather than providing evidence. A well-prepared position statement is crucial in family law cases such as divorce or child arrangements, as it can significantly influence the court's decision-making process.
Important components include a reflection on your situation, a logical progression of your arguments, and a clear statement of the outcomes you seek, referencing relevant legal frameworks where applicable. Ultimately, it provides the court with a brief outline of your case before the hearing, facilitating a clearer understanding of your position.
What Happens If A Parent Is Arrested For Domestic Violence?
When a parent has a history or accusation of domestic violence, the court may restrict their custody rights to protect children. Following an arrest, emergency protective orders can be issued, potentially requiring the accused to leave home temporarily until a restraining order hearing occurs. Legal processes can vary by state, complicating the experience for the accused. If the abuser is a parent, the risk to children increases. Failing to shield children from domestic violence may also result in custody loss.
Domestic violence arrests usually lead to a night in jail, as many states enforce mandatory arrest policies for such incidents. Understanding the legal implications of an arrest, even if no charges are filed, is crucial, as an arrest can have long-term consequences. Mandatory arrests apply if police respond to a domestic violence call within four hours of the incident. Typically, a first offense is classified as a misdemeanor, possibly resulting in fines, jail time, and other penalties.
Courts prioritize child safety in custody arrangements, taking histories of violence into account. Parents may be charged for failing to protect children from witnessing abuse. Therefore, consulting a qualified attorney promptly is essential to navigate the legal complexities and safeguard one’s rights while addressing the charges effectively. Balancing legal strategies and addressing family dynamics is critical in such sensitive situations.
Can I File For An Order Of Protection In Family Court?
You can file for an order of protection in Family Court even if a criminal case with an existing order is underway. Such orders can also be issued during divorce proceedings. No attorney is required to file for an order of protection, and there is no filing fee. For specific details about filing in New York City, refer to the Family Court Website, which provides helpful court expectations regardless of your location in New York State. You may file a petition in Family Court if you are related to the respondent by blood or marriage, or if you are or were legally married to them.
It's important to note that criminal charges need to be pursued by the police or District Attorney; the case fundamentally exists between you and the respondent, or the People of the State of New York.
In Family Court, you can request an order of protection without the necessity of an arrest or criminal charge. The order serves as a legal notice to stop violence and abuse, and you can file a family offense petition for this. The process incurs no cost, and once the petition is filed, you become the "Petitioner." Protection orders aim to safeguard victims of domestic violence, and you may seek such an order through either Criminal Court or Family Court. In Family Court, your petition can be filed in the county where you or the abuser resides.
Can Family Court Send You To Jail In The UK?
In family court proceedings, breaching a child arrangement order can lead to various sanctions, including fines or imprisonment for repeated violations. Sir James Munby, England’s leading family law judge, recently emphasized the seriousness of potential prison sentences for contempt of court. Cases can be escalated to the Crown Court if deemed too serious or complex, limiting defendants' input. Breaches are considered criminal offenses, with potential sentences of up to five years.
Family courts can implement additional orders related to domestic violence, and while incarceration is rare, it may happen when compliance with court orders is not achieved. Court proceedings significantly impact all involved family members. Generally, parties must demonstrate they have pursued mediation before engaging family court systems. Ignoring a family court order is not permissible, and legal consequences follow breaches. Although imprisonment is a possibility, many offenders serve short sentences until compliance is attained.
Family court judges have the authority to impose jail time, particularly for serious breaches or failure to provide necessary documentation, while instances of perjury, such as lying in court, can also lead to imprisonment. Overall, non-compliance with court orders is a serious issue with significant repercussions.
What Happens In The Family Court?
The family court's role is to listen to both sides and render equitable decisions on matters such as divorce, child custody, and financial issues. Hearings in family court typically concern these topics and often lead to settlements. When bringing a case to family court, the Petitioner files a petition against the Respondent. Each borough in New York City hosts its own Family Court, where cases can often be filed without a fee, particularly in the county of residence.
Most hearings are overseen by judges or support magistrates. Family courts primarily focus on children and financial decisions, aiming to create parenting plans that cater to children's unique needs. They address cases of child abuse and neglect, custody, visitation rights, and the division of property during divorces. The process involves filing a petition, serving the other party, mediation, a first court appearance, and potentially a dispositional hearing.
Family court can impose sanctions for contempt, reflecting disobedience to court orders. Ultimately, family court seeks to ensure that the best interests of children are prioritized while addressing the complexities of family dynamics and disputes. Engaging with family court can be uncertain, as outcomes are determined by judges based on evidence and rulings.
What Happens If You Ignore A Family Court Order UK?
A child court order is legally binding, and any violation by a parent can lead to severe consequences, including contempt of court, which may result in fines, enforcement orders, or imprisonment. Disregarding the order simply because of personal dislike can invoke a range of Court actions, potentially including reversal of residence rights. Non-compliance with family court orders can have serious implications, as specified in warning notices outlining the repercussions for both parties.
If informal resolution efforts fail, one can seek enforcement via the court, which will assess the breach's circumstances. To prove contempt of court, it must be demonstrated that the individual was aware of the order and acted in breach of it. Breaches can include minor infractions like tardiness for handovers, although significant violations, such as absconding with the children contrary to the order, attract harsher penalties. It’s essential to recognize that any form of disobedience can result in contempt charges, modification of arrangements, and financial penalties.
Legal counsel can aid in navigating these breaches and finding remedies. In summary, compliance with child court orders is mandated, and violations can yield substantial legal consequences, necessitating proper adherence to uphold the best interests of the child involved.
📹 Can You Lose Custody of Your Kids Due to a Domestic Violence Charge?
There’s Criminal Law and Family Law. Your Criminal Law attorney is not your Family Law attorney. You have to make sure you …
The problem is that the courts do not take the time to do finding of fact investigations. And, what’s more, you have to pay for your own defense. What about those without sufficient resources for legal defense? Does the State provide for that? No! What about the punishment to the children for not being able to see a loving parent ripped from their lives? Does the State pay for that? No! What about due process and punishment fitting the “crime”? Not happening. What about restorative justice measures against the false accuser? Also, not happening. What about the cost to the tax payer? Too bad. Public pays. No one cares. Politicians are too busy building bridges to no where.
Allow me to undermine your theory with a real example. In my case the mother made false allegations of domestic violence against me. But in real life she was assaulting me, and in court I made allegations of domestic violence against her, providing police reports. What did the judge do? Starting on day one, the judge asked no questions about who was assaulting who, in order to figure out the truth. And at the same time, the court gave primary custody to the mother… Even with mutual allegations of domestic violence. It took me over 3 years to prove to the court that she was the violent one and only then did I get custody of our child. So the court’s behavior is not caution. The court’s behavior is laziness and gender discrimination.
I’ve just been charged with assaulting both my children. I’m devastated. My ex wife has carried out a 6 year campaign to destroy our children’s relationship with me. Countless false inconsistent allegations, poisonous false messages about me to the kids. Now she’s got both my children to say I’ve got them and I’m no longer allowed unsupervised contact. She’s weaponised the police, the social services, the school, the doctors, woman’s aid etc. I feel like I’ve been thrown to the wolves. I’m a devoted father to my two children and now I face the prospect of losing them because the system enables mothers to lie and create a false narrative
The problem with this is that no one prosecutes the false accusers for psychological and financial abuse of the other parent and the children. The result of which is that there is an incentive to lie and waste valuable public resources which strip the real victims of opportunities to protect themselves and the children. So, in essence, the system is complicit in the abuse and creation of even greater victimization by taking this “risk of abuse” approach.
The issue is that there are hardly ever any punishment dished out for people that make serious allegations that are then found to be untrue. Ultimately it leads to unfortunately generally mothers making horrific claims. The children then suffer from being obstructed from seeing both parents. The legal industry should fight for equal parenting by default. And on top of that if there have never been any abuse or violence claims made officially prior to separation then the judges should never prevent any parent from seeing their children. It’s a terribly flawed system we have that doesn’t help children much at all unfortunately.
I was served an ex parte non-molestation order and I had to attend a hearing for a occupation order for the house which I was living at. The female judge said that she’d used her ‘discretion’ to order the occupation order.. said my mother’s right to home exceeded mine as she was supposedly old with health problems.. she completely disregarded the fact that I’d be made homeless and didn’t even consider the fact that I’d not be given priority status so there would not have been any duty on a local authority to place me in emergency housing ..I was truthful as I said that I’d have to spend my savings to pay towards hotel costs so the judge casually said I’d means. She failed to understand that the accuser was being accommodated by the local authority prior to moving back into my father’s house. Where was the application of discretion for me? It is humiliating that have to go through a third party such as the police to get my belongings 😢 I can’t visit my childhood home 🏡
I have had a woman make three harassment claims against me. The first went to trial and was thrown out of court. The second went to the CPS and came back no further action. The third did not make it out of the police station and was concluded no further action but not closed kept open in case further evidence comes to light. This woman has told countless provable lies in her police statement. She has made false claims of stalking to the stalking help line. The stalking help line letter of support can not be verified as being from the Stalking Help Line people so it may be fake. The police are not interested in prosecuting this woman and make excuses to cover up their very obvious mistake in not properly investigating this woman’s claims. I have been arrested twice one time having to spend 12 hours in a police cell. Cautioned once at a police station when I attended voluntarily to the police station (never do that people it’s a trap). Every time I have made attempts to have this woman brought to book for her wrong doing I get frustrated by the lack of interest from the police. There is also clear evidence of fraud but the police are simply not interested. WHAT CAN I DO!
Speaking legal jargons don’t really help the falsely accused person. I make it easy for you. All a woman has to do if she doesn’t get what she wants is claim that her husband “touched” (you know what I mean) while she was half-asleep/not sure/not ready/not 100 with it, etc…. and the police can arrest the guy at work in front of his colleagues. The problem is that the police first arrests the man publicly THEN investigates privately while the woman remains anonymous and can get away with it. There’s almost no risk for the woman unless the case gets some publicity.
The problem with this system is it is low risk and high reward to the accuser… while high cost and high risk to the accused with little or no redress. I did well in my case but it damaged the relationship with my kids and cost me tens of thousands. My lawyer said highly unlikely that I could get costs as my ex was on support… conversely had I lost she would have been awarded costs. Wrap your head around that one… lol the law is a joke.
They don’t read the paperwork even a simple 6 page bundle including the original orders of 3 pages and judge said in middle of hearing I haven’t seen the original orders until it was pointed out to her it was in the bundle. Incompetency at best dereliction of duty violation of oath of office and endangerment under common law ‘wanton’ in reality, the judge really didn’t like being cautioned under section 10.1 pace and is mortified if you notify senior ministry of justice MP’S, threatening high court until you say yes escalate it to high court then they refuse to do so showing one they are scared of it being put in high court and two they are scared of being exposed.
I hear what you are saying. However, it is almost impossible to overturn a negative and false statement of dv made by a women. A family member of mine did q fact find, and despite this they agreed with the false accusations from his ex based on her words alone. They didn’t consider any letters from the police saying her aligations were unfounded and that things she stated were untrue. Nor would they consider messages from a witness she has asked to falsify a statement. They courts are unbalanced and biased towards women. You only need to look at the amber heard uk trial to see this. Its a carbon copy of my family members case. Hasn’t seen daughter in 7 years now
Been arrested and released on sec 20 and had to wait a year to see my daughter, the entire family court process has taken over 3 years and over a year of that was a clear stalling tactic. Me and the mother are now on talking terms, would it be wise to see her charged for accusing me of such things and destroying a year of my life? Sadly I just have to take it for what it is. Contact is still supervised at my mum’s, but it’s almost at its end and I’m about ready to ask for a decision to be made. It’s a hard thing to experience and even harder to face the fact there is no recourse. You just grow stronger as a person. That’s it. That’s all
The issue is yes they act cautiously and act to protect the child. But when the allegations are found to be untrue /malicious the the court does not act and hold the person to account for perjury. Not only that the time lost by the she from the other parent which 99% of the time is the father is irreplaceable. The emotional damage done to the child in not having contact for months can take years to repair. All because of a bitter lying ex. Simple fact. Family court perjury is allowed and accepted. Contempt of court is allowed and accepted openly.
My daughter had her two children taken off her after a PLO court order. My grandchildren are with a foster carer. When my daughter when to see her children at a contact center. She noticed her 2 month old son had a tight bib on him that was cutting into his neck. There was two other people who witnessed it. Yet nothing was done about it. Also my grandaughter had bruises down her legs while in the care of the foster carer. Can you tell us please where we stand. Also social service lied in court saying that my daughter never let them in when they came round which was a lie.@BlackBeltBarrister
What if your partner was forced by social services to make a false allegation of domestic violence coercive and controlling behaviour because the social worker told your partner that if she didn’t make the statement they would make sure that your child will never be seen again the police invested the allegations and it was proved that there was no grounds for the allegation
I had a friend excluded from his children and home on the basis he was abusing them, he wasn’t. The mother was a drug addict and wanted him out of the house and ‘supporting’ her habit. He is the kind of man that lived for his family and being a provider. It took him over a year to get access to his children. But he was distraught because he knew what was really going on and no one would believe him. Eventually got an emergency order to protect the children. He had to pay for his solicitors, social workers/ safety officer, the judge and police. Remember it was just her word that was taken 100%. They did an unexpected home visit on the mother. Children were neglected, mother was out of her face on drugs in the middle of an orgy when the police forced entry (middle of the afternoon). He got his children back, but nothing happened to the mother.
Just just came across your website and its very insightful. I have a question. I have a experience with a social worker with no affiliation to me or any professional working with me. Said social worker went behind our professionals back and ours without any disclosure of intention and never asked consent. They called up my childs nursery to ask if he had a speech therapist of anything like that. Guess to try and make a case against us. Is this criminal? If so is it classed and invasion of privacy? I’m aware that each jurisdiction may work on a different set of laws. Like Acts and Laws. If it’s of any help I like in Scotland
My wife has had a non molestation order against me and lied through her teeth to the courts and now I’m not allowed to MY home and now can’t get any of my belongings the judge even talked me out of having my day in court, as I was unfamiliar with the court system and my mental health was very poor due to the mental abuse my wife had put me through I agreed not to do it
When the court does a finding of fact and concludes the allegations are false, why doesn’t the liar never get punished. So for example, during a child custody case. The mother makes a false allegation of child abuse against the father. Custody is temporarily ordered to the mother. Then by the time the court finally concludes she lied, the court then says a child has bonded with the mother and awards her custody. Why isn’t the mother punished for lying to the court? Why is she awarded for her lie by getting custody?
All very correct, but, the women (it is mostly women) know how the system works, once you get back to court (months later) and all the false allegations are dismissed, they then say that a routine has been established and they don’t want that routine disrupted, so mother gets custody. The system is biased in women’s favour, and there are no repercussions to the party who made the false allegations.
My friends wife has been abusing his two children mentally and physically the kids made a statement against her but the stupid judge still let her stay in the house which he pays for from mortgage to bills and food, the judge knows the kids don’t want to be with her but I don’t know what the judge was thinking, the school was a cross the road from his house but now it’s about 5 miles away because the kids are staying at the father’s parents home. The system is messed up big time and the solicitor he has is only interested in making his bill higher and higher even charging him if he sends her a message over the phone lol. Bloody joke. Best thing DONT GET MARRIED
They should not be entertained by family Courts. But we all know the exact opposite is true. Men are openly slandered and accused of the vilest things to give a woman what she wants. Slander is hard currency in family Courts. Outside of it its a criminal offence. Judges throw a dice based on ‘balance of probability’. The system is evil. Using slanderous claims on court is evil. An it is encouraged by solicitors to get a quick result. How they sleep at night is the only real mystery.
So you are presumed guilty and punitive action taken against until you are able to refute the allegation. Kinda goes against the basis of law, there again they say the want to err on the side of caution which we must accept is sensible. There again there must be punitive action taken against anyone who makes false allegations as not to makes a mockery of the court, and as we all realize that despite what they tell you about the welfare of the child, vulnerable person, deceitful liar or honest accuser is paramount, the authority of the court trumps all.
Been through unfounded allegations (all false of course) My advice, don’t take it personally (hard how that might be – your attitude will be noted) just be completely transparent with CAFCASS/Child Guardian. Make all appointments (early if possible) Remember the case isn’t about the parents (you guys don’t matter!) Family law isnt about parents personal s*it! Family law is solely about the wellbeing of the child/children. Their physical, emotional, educational & health needs are paramount! Always think “What is best for the child/children?”
With police and courts it is important to speak first. what is said first becomes the initial case. they will then defended it by all comers. It is comforting to believe that people are open minded and every one is heard equally, but human psychology just isn’t like that and these people whatever their position in the justice system are human the same as the rest of us. Knowing how they think and prosess the information is just as important as the law.
i was giving full custody of my children .4 years ago .and she never bothered.having contact with them .two xmas ago when i took children to her .she slammed the door on me and my children..SS spoke to my children about that incident .her allegations to police and then to the courts .prove beyond doubt that she has lied to police and the family court..6 months ago she broke the court order by snatching my two youngest and has not allowed me any contact with them since ..i took my 14 year old to her last xmas…i texted her last week asking her if i could bring daughter to her in school holiday .and for her to drop my daughter back.she ignored my text..just had email saying the new court case has been moved to her town .4 hour drive away..can some one please advise me please .
Hey barrister, my ex gf accused me of attempted manslaughter and rape. I was arrested and held for 14 hours in a cell. Police put me on parole for 6 months, after this a detective told me due to a lack of evidence the case is being closed so I wasnt charged.. my ex gf lied and used a false allegation against me because when we split up I said I’m getting social services involved because your an illegal immigrant and you cant feed my child; I need custody and you cant provide a life for her in this country. So yeh, police chose her side and ruined my life for 6 months. That was back in january 2018, and to this day I still struggle to get to see my daughter, I was on article chat with my daughter a month ago who now calls me by my first name not dad and right after the call, the ex gf went to police and said I was violent on the article chat. So shes blocked me from seeing my kid indefinitely. Plz explain to me, I’m a uk citizen, no charges, no criminal record and I’m working full time with a gf – do we have a case against my ex for false allegations and custody of my child. Ps not happy with Cambridgeshire police, you guys did an utter shamble of a job
this happened to me 3 weeks ago was horrible. the worst thing that happened in my life im still a bit in shock. My life ended with 3 lies easily proven there and then if they gave me the chance to show it before they arrest me. The worst it is happening so much that these woman really abuse it. There must be a better way. This is not on. Hit me really hard fisically emotionally financially i lost everyhting my daughters the dog ive trained the house i refurbished my belongings was left with summer clothes in the cold without bank cards phones any to comunicate or work.
Absolutely disgusting this system. My story I gave birth and she was removed for domestic violence. I got her back and the farthers disappeared. He at a later date put in for contact, that was supervision. They deemed him fit to have contact by himself. I then argued against this and I stopped contact every time she came back she was sick. I logged everything with 111 but nothing made a difference with social services and the judge my then 2 year old daughter made allegations about daddy and her….. You know what. I called the police who said no evidence. I was then subject to child protection conference accused of paternal alienation. The documents during that investigation were falsified refering to her medical notes. I had an investigation from the GP who said yes the medical records were falsified. I asked the judge what he was going to do he said it’s nothing to do with him. I then got a letter saying at the child protection conference it is agreed that because you have stopped and started contact it is classified as emotional abuse. This is still private law there is no care order application from them they just said that. This is corruption at the very core of the family court. Social services and the same judge have had this case since 2018 to date all in private law proceedings. They no they placed her with someone who’s a risk and to cover there own backs they can’t admit it, they rather blame me for emotional abuse. Cowardly lien corrupted system. I have represented my case for 4 years and if someone independent was to look into this case it would most certainly be of public interest.
I know someone who made a sexual assault/rape claim against her then partner, in an effort to obtain a non molestation order and stop them from seeing their child, it took a while, but he got a solicitor and fought back, proved there was no assault or rape, no police record of abuse, was not present at the times stated, the order was dropped, and he can see his child, nothing has been done about the false allegation, turns out the social never even reported the poor living condition the mother had the child in, there are photos showing the condition the solicitor presented, but with nothing from the social worker it still goes on.
I had a court hearing today and the local authority had 3 different reports written by experts. MY ex-wife solicitor came out with some nonsense and despite the overwhelming evidence they wanto another hearing. I was appalled by it! I had the feeling the none of those people had actually read any of the reports.
The problem I think are the dominant borderline traits in women and higher narcissism in men, even if you don’t have the condition. I am by no means a narcissist but if I would make a false allegation against my ex, I am almost 100% certain that it would be found to have been made out of malice. Why? Because I would not even be capable of playing the concerned victim. However, this is what the borderline side does to perfection. If they make the false allegations they are the concerned victim and if the false allegation is being made against them they are the accused victim. I think it has a lot to do with these subtleties and how you come across and men are just not so good at these things. Men show overtly what they are about for everyone to see (also the court). Women do this way more covertly leaving everyone confused and siding with them in the first instance and even if the allegation turns out false they portray themselves as the so concerned “protective mother”. There needs to be a robust judge and an experienced psychologist to uncover the bullshxt and see behind it. Often the hearing where contact is cut is lead by magistrates or lower positioned judges who have no clue and want to better be safe than sorry and that is unfortunately siding with the victim. The psychologist in my case said that it is important that claimed victims are believed in the first instance but at some point reality needs to kick in….she did not like that and what did she do….play the victim….
My narcissistic Ex oozed charm, & had totally convinced the mediator & the court appointed psychologist that I was an negligent evil child molester. She got everything she wanted & I was left with only a few hours of visitation a month. I had to bite my tongue & lay low. Before long, she was using me as a near daily baby sitter & several times left our toddler daughter overnight. I made sure to documented visits with a variety of witness when possible. I asked several people to write statements to the mediator, including several people who were her friends & relatives. We subsequently had several joint sessions with the psychologist which sometimes ended in arguments between the two. The psychologist later admitted that he had been totally duped by her. The mediator also flipped. The ex- disappeared with the child for 8 months. I was given total custody. When she was bribed back, the court tried to make visitation work with more session with the psychologist. The court also had me investigated by the Probation Dept. Further false accusation lead to 4-5 investigations by CPS, once by the local police, & once by the FBI. I was physically assaulted annually for nearly a decade, which were documented by police reports & police photos, which were totally ignored by the court. Other than shame in losing custody, she was never penalized for any of her actions. It was never a fair fight at any point. When the daughter was around 12, she decided to cut off all ties with her mom & has held steady to that position for over 30 years.
Hi, I hope you read this: I am a Qualified Law Graduate. I Specialise in Criminal and Prison Law. However, after the cut backs to Legal Aid, I am without any good Job Prospects in this Field. Nevertheless, I find myself constantly Fighting Cases in the Family Courts for Friends, as a Mackenzie Friend. This obviously restricts me, as to the Right to ask questions myself for my Friend. (I’m NOT a fee earner) Question: if my Friend cannot read, is it not possible for me to ask the questions for her? This is really relevant as Social Services lie in all the Cases I’ve been involved with. This is really concerning, but I just wish to help this Lady as much as I can. Kind regards
I have a situation My ex using my son to acuse me of sexual abuse/since december2019 until now she refuses acess,police did conclude the investigaton,sent a file to pps,(no actions taken)because until today i denied all.(she made this in order to stop a court order for acess,granted by court.social services dont want to get envolve..they claim that they dont know how the child come up with such high alegations(he was 4y(p1 school) Now im goin for “administrative first directions” In march What actions can the court take to ensure that second false alegations don’t happen/if is prove in court that they are false. Does the court have the power to remove the child from his mom? Or wil they do it in order to protect the child of any more danger. Thanks
My court oder is not working the court oder says i should pick up my kid Sundays and drop her Monday but my ex saying I can only pick my child on Saturday and drop of on Sunday cuz my ex goes to work on Monday but the went I pick my child up on Saturday my ex she away late by 30 min an went I tell her u breaking the court oder she says I’m not breaking no court order cuz the court oder says Sunday and if im breaking court order on Saturday im not really breaking no court oder cuz the coud says on Sunday what shoud i do I need s advice please
Hi. I have been a L.i.p for the past 4 years. Only recently my ex partner made a false rape allegation during a section 7 interview. This was published in section 7. Completely and totally fabricated. Now I have a hearing on 22/12/2020 which is a full days hearing regarding repeated breaches by expartner. Would it be in my best interest to begin civil proceedings against her for defamation and libel?
My ex partner has applied for a non molestation order based on lies. The things he’s put on the order contradict what is on the police reports he made. What do I do about this? I submitted my evidence but he got an emergency order granted. I’ve spoken to the police and they’ve told me that it’s unlikely he will still have it after I’ve contested it. But what’s the likelyhood of it being dropped if they see that it’s all false? And what will be done about him lying?
I agree with social services in Stoke on trent I moved away to keep my children safe . Social services say I had low q and I asked over 20 years for a device and never got done I never put my children in danger the court say my gran died when Joshua was born and she never did the court did bleave tham its made me angry with court and solicitors and social services I been blamed for something I did not do
It is a massive problem for a male… the amount of money that gets burnt through to have legal representation is beyond imagining till you go through it. Your own legal representivitive is going to sting you a massive fee for discovery, then a big fee just to answer the phone to you every time a phone call between you and them occurs. There will be pre hearings and attempts at mediation all of which build your hopes up that the crazy expensive night mare is ending soon, but chances are it won’t. And there is a very good chance at some point in all of this you will be coerced into getting new legal representation requiring new discovery fees and phone calls. Of course the more money you have the more meetings you can afford! Then you get to court and in many cases your lawyer will hand you over to a barrister… and they can charge you figures to make your eyes water, yet likely categorise you as all the other males in the system ‘the payer’. Luck seems to play a big part in how much you get taken off you… and just ignore any suggestions part if the property settlement will count towards child support. Then when you hear false accusations being made… what are you going to do… you can just shut up and get it over with…. or you could challenge it… the court will order a certain settlement, so if you argue the false accusations it will not save the asset, only take you down maybe the path of trying to get money out of the settlement process… allowing the legal companies to stall your settlement and hole both parties money in trust for extended periods doing neither party any good.
My question would be why false allegations seem to be taken seriously no matter how many times previous allegations from the same party have been proven false? I don’t want to sound like some people in this comments section, but it does seem like it’s usually one side who gets the benefit of the doubt, and one who’s assumed guilty until proven innocent, and that doesn’t seem to change no matter how many times the evidence contradicts the first party or how many times the second party is shown to genuinely have the best interest of the children in mind.
I have allegations that I have assaulted the mother and the child. Yet police report state no assault on the child took place. And in fact, the mother assaulted me the father And was arrested for it. And yet, cascafe and the courts have denied me access to my child for over a year now. No fact-finding hearing has been done in the past. Which showed the mother would lie. I have had a psycho valuation. Which came back that I was telling the truth and that the mother was No to fabricat things and lie I am back in court next Month to which I have no confidence In the court system, because I am a sufferer of ptsd ending and currently getting counselling for it. And yet, cascaf deemed necessary to ask the court to order me to take counselling. As cash cafe did not do their do Their job and contact my counsellor as I asked them to. This court Battle has now been going on for 10 Years on and off And every time. We go back to court and she throws the same allegation. Which has already been proven time and time again. Not to be true, but the judge does not do anything about it.
Set some ground rules how careers can text parents and talk about parents infront of child also on medical reports. As you need permission from all adults due to patient confidentiality a doctor can’t discuss another patient confidentiality about them and apparently they can do so without it being a concern of not being a fact only a opinon that can be misleading. As a personal opinion. That’s my opinion as I forgiven my mothers friend.
If the woman makes an allegation of abuse she will receice legal aid. So good strategy. Man who wants to defend against it will need a sack full of money. He will probably be advised to accept the conditions of the initial decision butvnot accept the allegations. Rrputation tarnished because the system favours women.
I lost my hole life with wot seemed 2 me as no evidence at all. I was told by my solicitor to sign an undertaking but that meant I had to leave everything. I haven’t seen my children 4 6yrs now. I had no previous I have never been arrested there was no evidence of violence but I lost everything. And it will be the death of me. It need sorting out.
Don’t be too harsh on this bootlicker… as a barrister, he has to work with judges etc…. daily. He simply CANNOT admit that the family court system is grossly biased along gender lines. If he did admit that….or any such truth….he would be quietly marginalised. his career would be harmed. and future outcomes to any cases he worked on….well they would be worse. but he can’t even admit THAT. for the same reasons. read between the lines he reads….he’s telling you that our system is a joke
This is such a weak, gas lighting, argument. The whole foundation of our legal system is based on the presumption of innocence. The massaging of this fundamental principle of law,p as outlined in this article, is a very slippery slope which has led to the gross abuses of our justice system. If the courts, were even remotely efficient in hearing such cases than this ‘conservative’ approach could arguably be tolerated though certainly not justified. Such cases take years not weeks to work their way through the courts. In regards to investigations, this is a furphy. There is no investigation. The police do not investigate these false allegations but instead take the conservative approach of ‘least harm’ and act on the behalf of the accuser, leaving it to the courts to administer justice. In cases such as those mentioned in the article, due to the courts ‘conservative’ approach, the onus of proof has disturbingly creeped from the state being required to prove guilt to the falsely accused needing to prove their innocence; at great expense. Aside from the emotional and finacial toll of this ‘conservative’ approach on the falsely accused, this shift in the burdon of proof is a disturbing breakdown of the fundamental principles that make up our system of justice. Moreover, in the cases of divorce where the most spurious charges can be made into an avo and children added to that avo, the courts are not protecting children but instead often emboldening the dangerous, falsely accusing, narcissistic parent that is causing emotional or physical harm to thie children.
If you have made a POLICE report, within time keeping of family court, before it is stated ‘insufficient evidence’ with POLICE. You have to order for an ANNEX H, so that your case POLICE, can be viewed in entirety. The practice procedure 12J, (fact finding) is a none applicable procedure. You have a time limit, once the POLICE, state evidential difficulties, an ANNEX H within ‘fact finding’ will be void. Even when the crimes committed against adult and child are extremely serious and classified as torture. Do not feel like a liar, do not judge yourself. If you were pervasively tortured and raped and abducted as an adult or even if your child or newborn was abducted. They will always, DROP that case, they will downgrade it by merits to ‘false imprisonment’ not holding justice to prevalence as ‘adult abduction or kidnap’, ‘honour base abuse’, ‘rape’, ‘child sexual assault’ until they state that the finalised all the reports to ‘evidential difficulties’. You must, ask for order of ANNEX H. Also be aware, every family case you will be assessed the duration for litigation and psychological capacity, This is low level, law.