I have it in a few hours
I will do......
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C100 and false allegations
- Thread starter Hackedoff_dad
- Start date
I will do......
So just as I thought it could not get any worse, I am now apparently a nonce! for goodness sake.....
basically she said that I have psychologically abused her, beaten my child and I am a nonce, looks like it is going to be a long road :-( she has said don't give up though, I mean if you make an allegation like that but then not report it to social services but tell cafcass you need to do that soon, how does that look?
So who said don't give up? The Cafcass officer? The first two allegations just sound like things that could be dismissed as vitriol after a break up - the third thing - did she actually use the word nonce? Or did she accuse you of sex abuse of her or the child? If she did, that is more serious - but on the plus side, if she has made serious false allegations you could end up with you having more time and her having less - because if a serious allegation like that is found to be false ......
They will almost certainly do a section 7 report then. And as part of that they check with social services and police etc - and won't find anything - so it just delays things a bit.
As you say - anyone who was telling the truth would have gone to social services! I wonder if Cafcass asked her why she hadn't done that. Cafcass are used to this - Mother makes allegations against Father. And they can sometimes tell by the way the conversation went - whether they believe it or not.
They will almost certainly do a section 7 report then. And as part of that they check with social services and police etc - and won't find anything - so it just delays things a bit.
As you say - anyone who was telling the truth would have gone to social services! I wonder if Cafcass asked her why she hadn't done that. Cafcass are used to this - Mother makes allegations against Father. And they can sometimes tell by the way the conversation went - whether they believe it or not.
She did not use the word nonce, but does think that she is pulling the wool, Cafcass just said wait for the report then go see a solicitor the put in a C2 for interim access that takes about 18 weeks, its just allegations but naturally this all will need to be investigated they are only doing their job I think.
If its not been reported previously to social services etc and no evidence it'll be dismissed. Like Ash has said.
Sorry you're going through this.
Honestly I think they should go through records the months leading up to the break up to see if any of this type of shit holds weight
Sorry you're going through this.
Honestly I think they should go through records the months leading up to the break up to see if any of this type of shit holds weight
Also they want to speak to my new partner as she has kids, she is a really good woman I have lads, she is really there for me I think, the ex will have to dig deep, she did ask me if my ex had any mental health issues, I did say yes to that suffers really bad from anxiety I mean really bad so I think she has just fuelled her worst fears.... .
Also cafcass said why did you let him have access again if he is so bad, she replied her solicitor advised her to, even though she does not have a solicitor, one thing I would ask is, can she still get represented by a solicitor if she is not working and claims domestic abuse even though we have nearly been split up a year? and I have been seeing my child in that time? what do you reckon?
Also cafcass said why did you let him have access again if he is so bad, she replied her solicitor advised her to, even though she does not have a solicitor, one thing I would ask is, can she still get represented by a solicitor if she is not working and claims domestic abuse even though we have nearly been split up a year? and I have been seeing my child in that time? what do you reckon?
A lot do alledge abuse to get legal aid.my understanding is it's highly unlikely without some history of abuse etc. I'm assuming there's not previously been police involvement etc? As assuming so then the questions will be why was nothing done.
She (your ex) is all over the place. Keep it consistent and credible in contrast to her.
Don't over play her mental health issues. Although you are right to mention it. The best way to phrase is something like she did struggle with such and such (if she was on medication for example) but I'm not sure now given time that has elapsed. They will dig into that a little if need be.
The way the system works cafcass will always be sceptical as the allegations are always over egged. Sounds like it's all going OK so far
She (your ex) is all over the place. Keep it consistent and credible in contrast to her.
Don't over play her mental health issues. Although you are right to mention it. The best way to phrase is something like she did struggle with such and such (if she was on medication for example) but I'm not sure now given time that has elapsed. They will dig into that a little if need be.
The way the system works cafcass will always be sceptical as the allegations are always over egged. Sounds like it's all going OK so far
One of the main reasons for making false allegations is to get legal aid - which pays for a solicitor. Legal aid for family court was scrapped in about 2012 - it was only available in cases of domestic violence. Since then, false allegations have rocketed - I forget the numbers but it was hundreds of percent! It's all over the internet and chatting to other Mums that they can find out that if they make allegations they'll get legal aid and a free solicitor.
Sounds like the Cafcass officer is on the ball though. I think it was good you were honest about your partner having anxiety - rather than try to hide anything. Because if anything that should make them more considerate - the last thing your partner needs is more anxiety. And also if you live with a partner with children that is another tick in your favour! You must be ok - your partner thinks so!
Don't worry about your partner being dragged into this - the court case is between the parents. If your ex made allegations about your partner, (hopefully not) then she is still unlikely to be involved in a court hearing - they may just say - provide a GP letter or something to verify her anxiety doesn't affect her being a good parent.
I say that because that is what my ex did initially - made allegations against my partner to social services - very unpleasant ones - it was horrific. It was knocked on the head due to the history and because they spotted quite quickly it was jealousy over something (my son had started to chatter a lot more!). Plus I had evidence of the threat to go to social services - which clinched it. Which is why it's important to keep every text and email. You never know when you might need them.
But it was massively stressful for my partner. And my son - who had been told a lot of lies about her. Which confused him and caused him divided loyalties at the time - because he'd known my partner for years and was suddenly told she was unsafe.
Sounds like the Cafcass officer is on the ball though. I think it was good you were honest about your partner having anxiety - rather than try to hide anything. Because if anything that should make them more considerate - the last thing your partner needs is more anxiety. And also if you live with a partner with children that is another tick in your favour! You must be ok - your partner thinks so!
Don't worry about your partner being dragged into this - the court case is between the parents. If your ex made allegations about your partner, (hopefully not) then she is still unlikely to be involved in a court hearing - they may just say - provide a GP letter or something to verify her anxiety doesn't affect her being a good parent.
I say that because that is what my ex did initially - made allegations against my partner to social services - very unpleasant ones - it was horrific. It was knocked on the head due to the history and because they spotted quite quickly it was jealousy over something (my son had started to chatter a lot more!). Plus I had evidence of the threat to go to social services - which clinched it. Which is why it's important to keep every text and email. You never know when you might need them.
But it was massively stressful for my partner. And my son - who had been told a lot of lies about her. Which confused him and caused him divided loyalties at the time - because he'd known my partner for years and was suddenly told she was unsafe.
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No sorry my confusion! And apologies to Roblox too 
. I still think you did right to mention it because they did ask you! And yes you can't bring these things up later. And it sounds like they suspected she may have, if they also suspected the allegations were false. Now you were just answering a question honestly, but don't be surprised if the report comes back saying Mother is making allegations of sexual abuse, Father says Mother has mental health issues. Because it's the kind of annoying twist that Cafcass put on things! And if it does say that - don't worry about it.
Absolutely don't contact your ex or the next thing is she'll be applying for an urgent non molestation order. It's quite good that she hasn't done that already, before the Cafcass call. So don't contact her in writing, by phone, or go anywhere near her house - for now. And she could make more allegations - not that it could get much worse as you say - but you don't want her applying for an NMO really. Best to keep low key and keep your head down - be careful what you say to others that could get back to her etc.
Did they say what would happen next?
. I still think you did right to mention it because they did ask you! And yes you can't bring these things up later. And it sounds like they suspected she may have, if they also suspected the allegations were false. Now you were just answering a question honestly, but don't be surprised if the report comes back saying Mother is making allegations of sexual abuse, Father says Mother has mental health issues. Because it's the kind of annoying twist that Cafcass put on things! And if it does say that - don't worry about it. Absolutely don't contact your ex or the next thing is she'll be applying for an urgent non molestation order. It's quite good that she hasn't done that already, before the Cafcass call. So don't contact her in writing, by phone, or go anywhere near her house - for now. And she could make more allegations - not that it could get much worse as you say - but you don't want her applying for an NMO really. Best to keep low key and keep your head down - be careful what you say to others that could get back to her etc.
Did they say what would happen next?
Yeah said they will be sending a report in a week then from there there is a first hearing, no doubt the full analysis will be recommended and a deeper dive into child safety, then ai can apply for a C2 form I think to try to obtain some kind of interim access then from there about 18 weeks till they decide I thinkNo sorry my confusion! And apologies to Roblox too
Absolutely don't contact your ex or the next thing is she'll be applying for an urgent non molestation order. It's quite good that she hasn't done that already, before the Cafcass call. So don't contact her in writing, by phone, or go anywhere near her house - for now. And she could make more allegations - not that it could get much worse as you say - but you don't want her applying for an NMO really. Best to keep low key and keep your head down - be careful what you say to others that could get back to her etc.
Did they say what would happen next?
So not 18 weeks till 1st hearing - 18 weeks till Section 7 completed - is that what they're saying? I'm just wondering why they're asking you to submit a C2 form. You applied on a C100 didn't you? Normally the next stage is a first hearing, after cafcass letter received with recommendations for what happens next. They seem to suggest now they will be doing a section 7 so that won't be a surprise when you get the letter.
That's where I'm confused because interim order is usually done at first hearing anyway (although it's usually advisable to specifically ask for an interim order on the C100). So maybe they just want it crystal clear that you're asking for an interim order because they're planning on doing a Section 7. I have not had to do a C2 myself - others may know more about it. Did Cafcass say what you should ask for in the C2?
When I went through this last year a s7 was ordered after initial cafcass discussion. No contact was ordered due to the allegations made (domestic abuse / alcohol abuse etc).
The section 7 concluded no evidence of domestic abuse and the alcohol thing was thrown out as I did a test which showed no evidence of excessive alcohol use (it actually didn't even detect a moderate use).
After the section 7 and the ex realised she was out of options she played ball with the cafcass officer to agree a way forward.
So be prepared for an initial cafcass report potentially asking to look into matters further but then things can move quickly so keep focused. If anything is flagged in the report be ready to provide evidence that it's not correct e.g. contact with school / gp etc.
The section 7 concluded no evidence of domestic abuse and the alcohol thing was thrown out as I did a test which showed no evidence of excessive alcohol use (it actually didn't even detect a moderate use).
After the section 7 and the ex realised she was out of options she played ball with the cafcass officer to agree a way forward.
So be prepared for an initial cafcass report potentially asking to look into matters further but then things can move quickly so keep focused. If anything is flagged in the report be ready to provide evidence that it's not correct e.g. contact with school / gp etc.
The advice here is good guys, thankyou, its really been weighing heavy on my mind recently and at somepoint I will have to go home on my own, I am going to the gym and trying to keep my shit together, I am just a bit wary of everyone around me right now, I do feel a bit shot to bits, I am looking at finding a good solicitor but I guess I will be working with cafcass for a while now I think, so am I right in thinking,
1. Report
2. Bang in a C2 (cos I wont get anything)
3. 1st hearing (s7)
4. What happens here?
1. Report
2. Bang in a C2 (cos I wont get anything)
3. 1st hearing (s7)
4. What happens here?
Ok. When is your hearing date? The process is - you get your Cafcass letter/report before the first hearing (although sometimes it's only a day or two before). So you can see what they're recommending. The fact they've asked you to submit a C2 (was this to ask for interim contact? Did they say what you should ask for?) suggests they are thinking supervised contact in a contact centre while they do a section 7 report.
This happens a lot - you're not alone. Ex makes allegations, Cafcass do a Section 7 report - meanwhile you only get supervised time with the kids in a contact centre - not great but better than nothing.
Another hearing will be listed in time for the section 7 report being completed. Assuming Cafcass finds you have no criminal record and no records with social services they may then recommend that there are no welfare issues and recommend it goes to a final hearing. At a final hearing you both submit a statement and evidence and are both cross examined - the point of that being to prove the other parent is lying. If a parent is lying and has made false allegations that can usually be achieved by cross examination - they slip up, they contradict themselves etc. You then get your order.
Sometimes there is a fact finding hearing after the first hearing. But if Cafcass didn't mention that then it sounds like they are not recommending one. Which sounds to me like they have doubts that your ex is telling the truth. If they really believed these allegations they may well ask for a fact finding hearing (where a Judge determines whether the allegations are true or not).
So basically it's a case now of waiting till the first hearing. I think it would be helpful if you had someone there with you, if you can afford it, because your ex is likely to have a free solicitor because she's made these allegations (it's sick isn't it). And an ex's solicitor can cause trouble - get the Judge's ear and cause all kinds of delays or say supervised contact isn't suitable or ask for a fact find or whatever.
At the very least I think you should get some free legal advice. You can get a half hour free legal advice with a solicitor. What I did was do that with three solicitors! Because some are better than others - then weigh up what they all said - if it was consistent - and also to see which one I preferred dealing with if I was going to use them. And they usually let it go on for longer than half an hour as well.
Equipped with this advice you may feel confident enough to represent yourself at the first hearing, prepared for any stunts her solicitor may try and pull to cause delays. But if you can afford it, legal representation can take the pressure off you - but it needs to be the right person - some of them are useless and passive.
My preference is to use a direct access barrister rather than a solicitor. For a first hearing (listed as a half day hearing) you can expect to pay about £2,000 plus vat for a decent one. If you used a solicitor it would probably come to about £1,000 by the time they've wasted two hours taking all your details and talking and sending a few pointless letters to the other side, and been to the hearing.
But if it's a good solicitor (and they are hard to find to act for Dads - I find the majority of them stuck in their ways and biased) - then it would be cheaper at this stage.
So the answer really is - it depends what happens at the first hearing next. Usually that hearing is for "dispute resolution" if there are no allegations - ie to try to get both parents to agree on terms of an order. But if there are allegations, those have to be investigated first.
Don't worry though - it is just a time issue. Patience is needed to let that process be completed. Your ex is taking advantage of the system.
Keep your sights on a final hearing - it may be 6 to 9 months time. And then you'll get your order.
On another matter, because your ex's allegations are so serious, if they are dismissed then you will need to think about what kind of things you want in a final order, to protect you and the children ongoing - but no rush for that yet.
I would get the free half hour legal advice about the C2 situation (an hour hopefully) and try more than one solicitor - in case the first one isn't very good. My rule of thumb on that is - if the conversation is confusing or difficult or unhelpful - it's not the right solicitor. If the conversation is easy, informative, upbeat, reassuring and the solicitor sounds interested and easy to communicate with - then it's a good one to deal with.
In your situation I would get the free legal advice first. Deal with the C2 and then after the legal advice (depending what they say) decide if it is worth getting a direct access barrister for the first hearing, or whether you quite like that solicitor and feel confident about them and would be happy to have them do the first hearing. And save the funds for a direct access barrister for a final hearing (they are good and can knock the spots off the other side's solicitor and get you a good order).
This happens a lot - you're not alone. Ex makes allegations, Cafcass do a Section 7 report - meanwhile you only get supervised time with the kids in a contact centre - not great but better than nothing.
Another hearing will be listed in time for the section 7 report being completed. Assuming Cafcass finds you have no criminal record and no records with social services they may then recommend that there are no welfare issues and recommend it goes to a final hearing. At a final hearing you both submit a statement and evidence and are both cross examined - the point of that being to prove the other parent is lying. If a parent is lying and has made false allegations that can usually be achieved by cross examination - they slip up, they contradict themselves etc. You then get your order.
Sometimes there is a fact finding hearing after the first hearing. But if Cafcass didn't mention that then it sounds like they are not recommending one. Which sounds to me like they have doubts that your ex is telling the truth. If they really believed these allegations they may well ask for a fact finding hearing (where a Judge determines whether the allegations are true or not).
So basically it's a case now of waiting till the first hearing. I think it would be helpful if you had someone there with you, if you can afford it, because your ex is likely to have a free solicitor because she's made these allegations (it's sick isn't it). And an ex's solicitor can cause trouble - get the Judge's ear and cause all kinds of delays or say supervised contact isn't suitable or ask for a fact find or whatever.
At the very least I think you should get some free legal advice. You can get a half hour free legal advice with a solicitor. What I did was do that with three solicitors! Because some are better than others - then weigh up what they all said - if it was consistent - and also to see which one I preferred dealing with if I was going to use them. And they usually let it go on for longer than half an hour as well.
Equipped with this advice you may feel confident enough to represent yourself at the first hearing, prepared for any stunts her solicitor may try and pull to cause delays. But if you can afford it, legal representation can take the pressure off you - but it needs to be the right person - some of them are useless and passive.
My preference is to use a direct access barrister rather than a solicitor. For a first hearing (listed as a half day hearing) you can expect to pay about £2,000 plus vat for a decent one. If you used a solicitor it would probably come to about £1,000 by the time they've wasted two hours taking all your details and talking and sending a few pointless letters to the other side, and been to the hearing.
But if it's a good solicitor (and they are hard to find to act for Dads - I find the majority of them stuck in their ways and biased) - then it would be cheaper at this stage.
So the answer really is - it depends what happens at the first hearing next. Usually that hearing is for "dispute resolution" if there are no allegations - ie to try to get both parents to agree on terms of an order. But if there are allegations, those have to be investigated first.
Don't worry though - it is just a time issue. Patience is needed to let that process be completed. Your ex is taking advantage of the system.
Keep your sights on a final hearing - it may be 6 to 9 months time. And then you'll get your order.
On another matter, because your ex's allegations are so serious, if they are dismissed then you will need to think about what kind of things you want in a final order, to protect you and the children ongoing - but no rush for that yet.
I would get the free half hour legal advice about the C2 situation (an hour hopefully) and try more than one solicitor - in case the first one isn't very good. My rule of thumb on that is - if the conversation is confusing or difficult or unhelpful - it's not the right solicitor. If the conversation is easy, informative, upbeat, reassuring and the solicitor sounds interested and easy to communicate with - then it's a good one to deal with.
In your situation I would get the free legal advice first. Deal with the C2 and then after the legal advice (depending what they say) decide if it is worth getting a direct access barrister for the first hearing, or whether you quite like that solicitor and feel confident about them and would be happy to have them do the first hearing. And save the funds for a direct access barrister for a final hearing (they are good and can knock the spots off the other side's solicitor and get you a good order).