C2 Application to family court for statements to be made available to the police

[childfirst]

Hi - First time poster and still new into this circus. My child is my everything and I want to do everything I can for them.

From reading many many posts it appears that allegations of domestic abuse against a male is fairly common these days, when the partner wants to end the relationship and keep the children.

In my situation my wife also has an issue with addiction so when she pressed the red button and had me arrested, which lead to the standard bail conditions I moved forward with family court. Standard C100 with C1A due to my counter allegations of DA and I felt my child was not safe in the family house so asked for an emergency hearing.

Natrually my wife responded to the allegations within my application, which lacked both substance and accuracy. During the hearing the judge asked for a Scotts Schedule from her which outlined each of the allegation I am being investigated for and asked me to respond. When this was received along with a statement and based on what I have from the police interview the consistency and accuracy was lacking. I am sure many of you have had this before.

At the time of my bail being extended by the police I asked if they would be doing a 12:73 to enable them to investigate fairly and request her statements as I believe what has been stated in family court would be of benefit. I have no allegations of anything bad against my child so it is all adult to adult. After sometime the police said they would not be asking - I am not sure of the reasons.

Due to the above I have made my own application on a C2 form for disclosure of statements to family court - Being new I was wondering if anyone else has done this and had any luck, tips or advice? I personally believe the inaccuracies between police and family court would help me.
Thanks

 

[Fiji107]

Following this… I have an upcoming trial in criminal court relating to allegations my ex made. Evidence is severely lacking. My barrister has advised me to submit a C2 to request the exact same thing as her statements to police and her statements to family court, along with several witness statements she has had submitted to both vastly contradict each other. I only submitted the C2 on Sunday so haven’t heard anything back yet. However, my barrister did say that it was very unlikely the family court would refuse this. Good luck… in my case my barrister is quite confident that the mother will probably be prosecuted for attempting to pervert the course of justice and that basically her own statements prove she’s a liar. He’s going to submit an application to the criminal court for a “non-defendant bad character”. That will basically leave the cps with zero evidence apart from several emails that I sent, none of which are threatening or abusive in any way, they’re merely me pleading with her to let me meet my newborn son for the first time. Emails which she denies replying to yet I have all of her responses. Makes you wonder what goes through peoples minds when they lie so profusely to authorities

 

[Ash]

@JC83 may have some tips on this.

 

[JC83]

@childfirst just to confirm buddy, have you been NFA’d by the police yet?

Have you had a first hearing to determine the direction of proceedings? I’m guessing as a Scott schedule has been asked for you have had a FHDRA and a directions hearing? Was a police disclosure order issued by the Court?

In my case at the FHDRA, my barrister ordered police disclosure ready for the directions hearing where my ex had to file a Scott schedule of allegations together with evidence to determine whether a fact finding hearing was needed.

The police disclosure in my case was enlightening. My case is very very identifiable but if you PM me I don’t mind giving you more specifics but in essence the police disclosure blew open exs allegations that she previously raised. Basically she told the police I didn’t harm her, yet she told Cafcass I did! She then went on to get a NMO (no findings/no admissions on my part) for allegations of physical violence having previously told the police I was never violent! If only I had the police disclosure at the time. My barrister was able to quote bits of the police disclosure in my position statement for my directions hearing to show she was a blatant liar and I avoided a fact find and section 7! Ex didn’t want a fact find in the end, probably because she knew she was going to get roasted in cross examination.

Bottom line is, definitely get the police disclosure if you can. If it wasn’t ordered at your last hearing I would certainly request it via a c2. It would really help if you were NFA’d at the time of requesting it though.

Let me know the answers to the above and I’ll try and advise further.

 

[JC83]

Police disclosure will cost you though. Mine was about £700 split between both parties.

Oh, and are you are a LiP and does your ex have a solicitor? If you are both LiPs you may have a hassle getting the disclosure as the police usually ask for an Annex 1 form to be completed, usually this is done by a solicitor. As we were both LiPs my police force waived it. They didn’t send me the disclosure though, it went to court and luckily they forwarded it on to me to view, possibly as I copied in my direct access barrister when requesting that it is sent to me for viewing.

 

[Ash]

Assume he couldn't get it from a subject access report then?

 

[JC83]

Assume he couldn't get it from a subject access report then?

I did do a SAR for the police records. It had some helpful elements but most of it was very heavily redacted. The police disclosure was well worth paying £350 in my case. I’m pretty sure it was crucial to helping to avoid a fact finding hearing as it really helped to undermine ex’s credibility on one of her most serious of allegations.

 

[childfirst]

I did do a SAR for the police records. It had some helpful elements but most of it was very heavily redacted. The police disclosure was well worth paying £350 in my case. I’m pretty sure it was crucial to helping to avoid a fact finding hearing as it really helped to undermine ex’s credibility on one of her most serious of allegations.

I have my SAR prior to this situation when the police had been to the house a few times before but nothing ever occured after. police disclosure would not be a problem now but she could not remember her police story and needed that to align with the family court statement she had to make. I am very happy the judge said no to that but allowed more of a SAR thing.

 

[childfirst]

Assume he couldn't get it from a subject access report then?

I have prior calls from the police which really have nothing on them. I am really wanting her FC statement to be given to the police as they have refused to ask for it. It would show the police her stories dont align.

 

[childfirst]

Police disclosure will cost you though. Mine was about £700 split between both parties.

Oh, and are you are a LiP and does your ex have a solicitor? If you are both LiPs you may have a hassle getting the disclosure as the police usually ask for an Annex 1 form to be completed, usually this is done by a solicitor. As we were both LiPs my police force waived it. They didn’t send me the disclosure though, it went to court and luckily they forwarded it on to me to view, possibly as I copied in my direct access barrister when requesting that it is sent to me for viewing.

I am all by myself but not stupid I have a great network around me and fantastic groups like this are providing the support. Her first hearing she had to pay for legal rep as she did not want to rep herself. I have not seen anything the police have sent to court yet.