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Fact finding and criminal proceedings

  • abus
  • abus's Avatar Posted by
  • Elite Member
  • Elite Member
11 Feb 20 #511375 by abus
Topic started by abus
Hi, I am looking to hear from mums/dads on their experience of fact find hearings, particularly where adverse findings where incorrectly made against them.

I began an application for full custody of my child, as my ex-partner (resident parent) had coached my child to repeat a false allegation to a GP saying that I had abused (domestic abuse) the mother and my child. The allegation was made just 2 days after I had asked my ex for passport details for my child as I planned to take her on holiday abroad for the first time, as summer school holidays were approaching (about six weeks away at the time) and I would have had half the school holidays shared as per previous court order.

The police and social services investigated and closed the case following the allegation being made. During this time I had no overnight contact (on weekends).

Once social services said overnight contact was safe to resume I had just one weekend of overnight contact and my ex-again coached my daughter to repeat the allegation again. There was once again another police investigation which was again closed.

Following the applcation made by me the court ordered a fact finding hearing. Unbelievably they accepted everything my ex-partner about said and nothing I did around the difficulties in trying to get contact with my child (this was my 3rd application to court). Further around 6 professionals from 3 or 4 agencies all said that the ex was fuelling disclosures and that they suspected she was coaching my child - this was all presented as evidence at the hearing. They included the police, social services, the school and another agency. All of this was explained away by the judge who labelled me dishonest and not credible.

My concern now is that my ex will use the findings from family court to reopen the police investigation. Has anyone ever been in a similar situation? I would bee grateful to hear views on whether findings from family court could be used to reopen a case - not leeast one which has been investigated and closed twice.

I am now left with a situation where I have no prospect of any overnight contact ever again. This is heart-breaking. Added to that I have a fear I will be prosecuted for something I didn’t do, all because I had the temerity to take my child on holiday and give her life experiences I didn’t have.


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