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finding of fact on sexual assault

  • colin1974
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01 Feb 10 #181751 by colin1974
Topic started by colin1974
I need some advice ..back ground
2 daughters 6 and 8 was married for 7 years wife left me for another man.
Was seeing kids every weekend for 4 weeks then they started to say they did not want to come to mine anymore.

Whet to mothers house got in a row in front of kids (she says I hit her and I was found guilty in court for ABH suspended sentence) I never hit her she set me up.
I have not seen the girls for 16 months now.
She has a reserdantical order so the girls live with her and her new soon to be husband.

8 year old has said I have sexual assaulted her I was arrested but no charges was bought I have never touched her I think it’s the mother telling her what to say

we had a section 7 report done and the social work said the girls did not want to see me and told him about being sexual assaulted and she has told her chams worker and teachers .
the mother has claim domestic violence which again is UN true and again the kids have said they have seen me hit her.

At court, the judge wanted to know if the mother had couched the kids into what was being said the 8 year old has a happy worried book all the happy things are about her mom and all the so called nightmares are about me.

So the judge ordered a psychological report be done on all the case files and police interviews and her book .

It has come back and says it looks like the mother has not couched her she is not making it up because it was to spontaneous and her story has never changed and if I was a lie why would the mother or child make such a complex story up.

And he says in his view there is pretty good support for the credibility of 8 year old in respect of the allegations of her abuse against her

So they are trying to say I'm guilty I DID NOT DO IT

Help we are back in court soon finding of fact on sexual assault if I'm found guilty I will never see my kids this is what the judge said
So help guys anything
will the judge just read this and say i have done it?

  • Forseti
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01 Feb 10 #181818 by Forseti
Reply from Forseti
Hi Colin, the court won't find you guilty or not guilty, they will simply judge whether on the balance of probability it is more likely or less likely that the allegations are true. If they decide it is more likely then it is possible that, as you say, you won't see your girls again.

I think you need to get some serious legal advice, either from a very good family solicitor with a proven track record (don't settle for anything less) if you can afford it or if you qualify for legal aid.

Otherwise contact one of the support groups which can put you in touch with a good McKenzie Friend, such as Families Need Fathers (FNF) or the Custody Minefield. Make sure you get a good, experienced McKenzie - you may have to pay, but it will be less than for a solicitor.

You need to do this as a matter of urgency.

Good luck.

  • tom333
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01 Feb 10 #181861 by tom333
Reply from tom333
Hi Colin,
Oh I've been there too mate.
Fortunately it was just the mother making the allegations and the psychologists reports found that my daughter had never been abused.
I now have shared residence.
If you are innocent then you have a mighty hill to climb when the psych reports and the child say otherwise.
I spoke to FASO at the time and they were very supportive, called me back a few times too to discuss things.
It may be worth talking to them, here's the link.
Good luck, you're gonna need it.

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