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C100 form and allegations

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Adamtheo

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Can I file a c100 form to go to court to see my 1year old son? My ex has stopped me seeing him, the thing is she’s accused me of rape 2 years ago whilst in a relationship with her before my son was even conceived long story short she’s claiming she was asleep one morning when I just decided to have sex with her it’s actually going to court as we speak but recently has decided he’s not coming to my mum and dads house where I live where he’s been coming and staying twice a week since he was 2 month old I’m not aloud to be near her through my bail conditions so I can’t even go to the house and demand to see him or have any type of conversation with her I’m desperate to see my son but Iv been advised I won’t win! With this allegation going through I can’t wait a year before even taking her to court to see him don’t know what to do I don’t have a leg to stand on at the minute she’s making every so difficult because she’s got a new boyfriend on the scene and wants rid of us all as she’s stopped my mum and dad from seeing him too and anyone else from our side of the family, why can women just do this it’s cost my thousands of pounds fighting this case and now when it’s over with I’ll be paying courts again to see my son any advice would be great
 
Hi. It seems strange she made this allegation a year afterwards, when you'd been seeing the child twice a week for a year. When you say it's going through now, do you mean as a criminal process?
 
Yes it’s going through now she waited till we split to make the accusations I need to know if I can still see my son with this on going
 
So have you only just split up? I assumed you'd been separated a year with you saying you'd been seeing your son for a year.

Who has she made the allegations to? Police? If so have they questioned you? Or court, via a non molestation order? If so there should have been a second hearing.
 
Yes we split up when my son was 1 month old in may last year she’s claiming it took place in April the year before and yes I was arrested and I’m now appearing in court Iv been told I can’t fight to see my son because of this court case which baffles me as it’s a separate issue concerning me and her and he wasn’t even conceived let alone born at the time she said it happened
 
Adamtheo said:
Yes we split up when my son was 1 month old in may last year she’s claiming it took place in April the year before and yes I was arrested and I’m now appearing in court Iv been told I can’t fight to see my son because of this court case which baffles me as it’s a separate issue concerning me and her and he wasn’t even conceived let alone born at the time she said it happened
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That is one bizarre claim to make up 2 year later and especially when you had you child years afterwards.

I wouldn't worry about it as no doubt it will be seen for what it is, a fictitious serious claim strangely made 1-month after you part...
 
So Police have charged you? Did you have a solicitor when they interviewed you (you would have been entitled to a free criminal solicitor for an interview). Do you have a criminal solicitor now? Do have any evidence that could show it couldn't have happened? Eg if you were away at the time she said it happened (a receipt from anything where you were over that period or even a bank statement showing cash withdrawn in a different location). Assuming you weren't away - any text messages to and from her at the time that show things were happy and normal?

You could apply to court on a C100 but if there is an outstanding criminal case they may want the outcome of that before ordering any time. Even though it's not directly related to your child. Even so, it may be worth putting an application in stating you had regular time with your son until this allegation was made, that pre-dates his birth - but it always helps to be able to say you were found not guilty. I would get legal advice on that, and the timing of an application.

What do you think triggered your ex to make that allegation after all that time? Had you met a new partner? Had a big argument or something?
 
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