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Contested Residence Application

  • bollekop
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25 Jul 12 #345374 by bollekop
Topic started by bollekop
Hello,

I recenttly applied for a residence order, after being separated from my son''s dad for nearly a year. We have had an informal arrangement in place for a year whereby we split contact 50/50. Recently, my ex has been threatening not to bring our son back, threatened to change schools and child care providers etc. That''s what prompted me to apply for full residence to ensure that I have a "leg to stand on" when my son''s dad makes changes or threatens to make changes without any discussion.
As expected, he contests the application - and ticked all the boxes on the C7 form stating that my son is at risk of abuse, violence, abduction, ... when with me.
I know Cafcass will be interviewing us both in the next few weeks and hopefully it will be apparant to them that he is plainly making false accusations.
Still, I would like to understand what I can / should do to ensure that my side is heard. I enclosed details of my reasons when I submitted the application and have plenty of evidence of his erratic behaviour, but I am unsure as to how I should defend myself against false accusations!
Any help would be appreciated.

  • khan72
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27 Jul 12 #345617 by khan72
Reply from khan72
Hi,
Do not fall into the trap of making any false allegations. The court system has a vice like grip. Just wait until you see the allegations. Lies always have holes.
If you are accused of being a drug taker - you can offer to take a hair strand test. Also make the judge order that if it is negative, that your ex pays.
If you are accused of sexual abuse, he will have had to have made a complaint to social services. Use the freedom of information act to get everything you need for a hearing.
Ask him to give documentary evidences for everything.
CAFCASS people are really good. They could tell that the allegations made by ex were false.
Just remember, people are not stupid.... The system takes time, but like I said, it has a vice-like grip on those who make false allegations.

Be honest. Be true to yourself. Be patient. You will get there. Play long-term.

If only the law were changed in such a way that those who make false allegations have residence taken away, the family courts would get freed up.

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