Advice needed

[Jase896]

Hi gang,


A quick question as I need some advice please?

My ex has gone to great lengths in keeping me out of our daughters lives, I haven’t seen my eldest for a year and haven’t even met my youngest. She has told cafcass that she thinks I have abused my daughter which led to cafcass saying no to supervised contact but never followed this through in court, she has told the police one thing and the courts a different thing but due to the risk of being in contempt of court I can’t say anything to the police, she refused me sending our daughter presents for her birthday and our daughters presents for Xmas as she stated ‘ it would upset and confuse them ‘ I have now recently found out that she has a new partner and they are raising our girls as their own in a new house. It is now very obvious as to what she has been doing and why in keeping me away. I have no idea who this man is and I have a lot of concerns about their safety and mental wellbeing and I am very conscious of the fact they are trying to erase me from their lives to replace with this new man.

Is it worth contacting cafcass now or waiting for the section 7 in the new year?

Thank you

 

[Chi22]

Hi.

This isn't of course a formal legal opinion but, the police are one thing and the family Court another. You shouldn't of course speak to the police without your solicitor but you're not constrained by anything that is said in court.

In the most extreme situation you could at the same point in time have a Fact Find in court and a criminal investigation and even prosecution for the same allegations with two different standards of proof.

Though it didn't go to trial my ex made allegations to the police which they ended with NFA and which were due to be heard in Fact Find before she withdrew them.

 

[Jase896]

She told the fact finding hearing that I didn’t rape her and she has withdrawn the allegations with the police, but when I spoke to the police they where unaware of any retraction of any of her allegations… so she has blatantly lied to the family court but I can’t share that information with the police

 

[NewcastleBrownAle]

She told the fact finding hearing that I didn’t rape her and she has withdrawn the allegations with the police, but when I spoke to the police they where unaware of any retraction of any of her allegations… so she has blatantly lied to the family court but I can’t share that information with the police

actually, yes you can share that information, as criminal court proceedings are higher than family court and you should get a transcript ASAP and inform your legal team.

 

[Jase896]

actually, yes you can share that information, as criminal court proceedings are higher than family court and you should get a transcript ASAP and inform your legal team.

Thank you for your advice, when I spoke to the police they said they can not get any information from the family court until the hearing has completely finished

 

[Chi22]

Thank you for your advice, when I spoke to the police they said they can not get any information from the family court until the hearing has completely finished

My personal experience is the police will lie. I sent an online crime report when my ex made the same claim about me. They lied repeatedly to the court that they had never received it until it showed up in their own disclosures. They played other games.

If her retraction is recorded in the Order following the FF then I would redact everything in that Order, save the case c number, court, name of Applicant and resoondent and send it to the OIC with a covering letter explaining this is what she stated in court. Send it recorded. And raise this at court, asking the court to direct her solicitors to inform the police if her retraction at court and to copy you into that correspondence.

You cannot be in contempt of court. The police investigation is a criminal one. The family Court part of that Fact Finding has now concluded and under other circumstances the court would have informed the police of the relative parts of that Hearing outcome .

 

[mikeayo1891]

Do a C2 application requesting permission from the court to share the judgement of the fact finding hearing with the police and social services.