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How to cope with serious false allegations?

You were unlucky there, and particularly to have magistrates rather than a District Judge. In normal times there is a precedent for keeping something the same rather than changing it, so your ex took advantage of the schools having been closed and pickups and dropoffs having to be from her house. To be honest I think I would probably challenge that and apply to vary and ask for a District Judge, rather than lose the contact altogether. But then I also understand that you've had health issues and enough is enough. Why on earth would the magistrates change the order when school pickups were in place for a reason. But the legal system really doesn't take seriously the idea that a Dad can be the victim of abuse, sadly. That needs to change. Dads are abused regularly - via false allegations and then by having to go to court just to see their children.
 
I appealed the order but the judge was just as biased, even more so. Throughout the hearings I had wanted to contest the section 7 report and had made it clear in writing and in person during the hearings. After the report cafcass wrote to me saying they were not involved going forward so I didn't get to contest anything despite asking and raising my concerns...This formed part of my appeal, but the judge said I'd had a contested hearing and that I'd just never asked to question cafcass or my ex...This couldn't be any more wrong, I asked at every hearing and in multiple emails - I was just ignored over and over. There's nowhere really to go when a judge says things that aren't true... I have documents I wrote going way back of me asking for a contested hearing, reasons the report is wrong, and specifically stating that I wish to question cafcass and the ex. I also may have recorded remote hearings in which I specifically stated this... But the judge says it never happened!

I can tell you, if I ever go to court again I won't be standing up as the judge walks into the room. I'll take a knee for all the dad's the court screw over instead.
 
It sounds very frustrating. And not uncommon. The whole process is difficult for us to negotiate because it's a legal process - and on top of that the communication gets lost sometimes. Cafcass never respond to anything. The only way to question them is to cross examine them at a contested hearing - how you get them to attend a final contested hearing I'm not sure as haven't actually done it yet myself. Judges just go with "evidence" - ie what's in your statement backed up with evidence and what's in hers. But if there isn't much evidence then they will just go with what Cafcass recommend sometimes. Another time you may get a completely different Judge. Some Judges don't like it when there aren't lawyers to deal with and some are just lazy or take the easy option. There are some very good Judges out there but the system needs a big overhaul. Well done you for appealing. Usually it takes putting up with a not so good order for a year then applying to vary the order.
 
Late to this thread but just wanted to express my sympathy for what some of you have gone through.

I had to go through the whole s7 fiasco. I was fortunate in that my cafcass officer was open minded and my ex acted that badly / lied so clearly that the cafcass officer could see through it all quite easily.

No real condemnation though. Just a well she's now agreed to access let's move forward. Which obviously is a good thing but when you have serious allegations that could ruin someone's reputation or stop them being part of their kids lives it seems quite staggering that it's not addressed.

I realise there's a flip side and there are cases where men act badly and serious action needs to be taken but the whole thing just seems to be a system to be played. With such a lack of balance. Although I can see there have been some improvements and my barrister said to me that when he started out (admittedly this was perhaps 25 years ago or so) you at that time were pretty much just reliant on the Mother being reasonable.

Is there anything that can be done in terms of lobbying etc. I wouldn't have any idea where to begin. It seems to me that it's only when you go through this you realise how rigged the system is and how skewed it is.
 
The court give mothers way too much benefit of the doubt - Until that changes I see no improvements. For example in court multiple times my ex said she was agreeable to mediation...I could work with that as a good starting point. But I told the court I don't believe it would happen unless something is written in the order. Sure enough after the case was over I arranged mediation, and the mediator contacted the ex but she refuses to go as obviously it's of no benefit to her as she now has nothing to gain from it.

I end up being right all along, the court took her word for it despite her history, and the kids suffer. This situation happened pretty much with anything the ex had to say in court.
 
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It makes no logical sense and yet seems to be the norm.

I was quite naive when I separated and had no idea of what would follow. I think it can leave even fairly strong minded individuals doubting themselves it's such a draining process.
 
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Late to this thread but just wanted to express my sympathy for what some of you have gone through.

I had to go through the whole s7 fiasco. I was fortunate in that my cafcass officer was open minded and my ex acted that badly / lied so clearly that the cafcass officer could see through it all quite easily.

No real condemnation though. Just a well she's now agreed to access let's move forward. Which obviously is a good thing but when you have serious allegations that could ruin someone's reputation or stop them being part of their kids lives it seems quite staggering that it's not addressed.

I realise there's a flip side and there are cases where men act badly and serious action needs to be taken but the whole thing just seems to be a system to be played. With such a lack of balance. Although I can see there have been some improvements and my barrister said to me that when he started out (admittedly this was perhaps 25 years ago or so) you at that time were pretty much just reliant on the Mother being reasonable.

Is there anything that can be done in terms of lobbying etc. I wouldn't have any idea where to begin. It seems to me that it's only when you go through this you realise how rigged the system is and how skewed it is.
My view is that Cafcass needs to be replaced before anything can improve in the court system. They are massively powerful and sometimes overstep the mark (I once read a comment by a barrister where a Cafcass officer had written they would order something and the barrister’s comment was - Erm isn’t it Judges that make orders, not Cafcass?)

Cafcass are social workers and like other social workers are trained to a feminist model (info from Karen Woodall). Mother knows best - the bond with the Mother is everything - blindsighted to the idea you can have good Dads and bad Mums. They seem to believe any Mum is better than no Mum - seriously. And if a Dad applies for residency Cafcass will have it in for you! Blatantly biased.

There are some good Cafcass officers, as you mentioned, who can see what’s what. But most are man haters in my view! And genuinely believe that men are the dangerous sex. To be fair they have to ensure kids are safe snd if a Mum makes allegations of abuse, they have to investigate.

But they are indoctrinated (ie trained) to a feminist model. And unless that changes, Cafcass are not good for kids.

95% of the time a Judge will follow Cafcass recommendations (hence their immense power). Unless you have a good barrister who can take Cafcass on at a final hearing (or do that yourself by cross examining them).

Mother’s know this - there are Facebook groups etc. So they can get away with ignoring orders and doing what they want. It takes a lot for a Mother to have residency removed. It is extremely rare for any Mother to be sent to jail. What’s the worst that can happen? More telling off - losing sole residency (if a shared care order is made).

Thankfully some Mothers do follow court orders once they’re made - but there are also those who then use the kids as weapons do the order doesn’t work anyway. Alienation is most common between the ages of 8 and 14 apparently (Karen Woodall again). During puberty when their ego is most easily manipulated. Sick.

As my son grows older I think I can see that these Mums are thinking way ahead. Not just now, when the kids are kids - but for the rest of their lives - so they keep control and Mum’s family is the only family - at weddings, Christmas festivities, graduations, or to be involved with grandchildren. They know that once the kids get to 16 court orders don’t matter.

So our job is to keep them coming - keep up the relationships - and help them learn to have some critical thinking skills by the age of 16.

Not only are Cafcass trained to a feminist model but some of them are raging feminists! Always thought that was an irony as isn’t feminism supposed to be about equality?!!! Not any more - it’s about asserting superiority.

I think Cafcass should be replaced with trained psychologists - who can weed out liars and alienators at the outset - before or at first hearing. This would cost a lot - but also save a lot as well - reduced numbers of second hearings or protracted cases.

So if I was to lobby about anything it would be to change the court system by scrapping Cafcass snd replacing them with trained psychologists.

Unfortunately it is a much bigger picture than that - ingrained mindsets throughout many authorities working with children.

It’s bonkers - child abusers are both men and women, in approx equal numbers. It’s pie in the sky to believe that all Mothers are loving carers.

The current system relies on education as well - SPIPP courses. Which are no good when you have one parent who won’t be educated because they have an agenda.

So two things to lobby for in my book:

1). Scrap Cafcass
2). Automatic 50.50 shared care legally at the time of separation. Attempts to achieve that have failed due to the powerful land massively funded women’s rights groups.

Extremist some of them. So it’s political and our kids are political footballs. Yes it’s shocking that you are assumed to be a “lesser”, possibly dodgy, parent because you’re not a woman.

A lot is ingrained in our culture as a nation. Most ordinary people on the street, who know nothing about divorce, also assume children should stay with their Mothers.

What makes me angry is - our innocent little kids love both their parents (except in cases of real abuse possibly). The xxxxing adults in charge should be protecting those relationships and protecting the kids - not the Mothers (who are adults).
 
Very well put.

I just thought it worth mentioning that in my case I feel that the whole remote hearing thing during the pandemic worked against me. I only mention it because it is something other dad's should perhaps consider to make sure they don't get blindsided...especially so if you are representing yourself as I was.

Each of my hearings were scheduled for at least half/full days. But due to the court 'being busy' they only lasted around 45 mins in most cases. I brought this up multiple times as I wanted to challenge the section 7 report and question cafcass and the ex. I was told because of the pandemic there was not enough time for the full schedule because they were so busy.

At my appeal I complained that I wasn't given the chance to contest the report as I had always wanted to (having put it in writing several times) and that the hearings were cut short. I was given a dressing down from the judge about how hard the magistrates work, give up their time, and told I hadn't specifically asked to question cafcass...yet I literally have the recording of me asking, and magistrates saying there isn't time.

So my advice to any dad's about to go through the court process is prepare to be brushed aside, but don't let them do it to you. Especially so during this time of remote hearings.
 
I am really sorry to hear that and yes I’ve heard remote hearings can be iffy. Some people find them better than face to face - some worse - depending on the situation. But I honestly think magistrates shouldn’t deal with family cases and children’s matters. It needs a qualified, experienced judge. If asking to do something at a hearing, eg question Cafcass, it can be an idea to put that in a position statement- so it’s in writing (maybe you did).

I do know the courts are massively overloaded and this pandemic is not doing children any favours as a result (or Dads). But when you have a hearing it’s supposed to be a hearing! Did your ex have a solicitor? That can throw a spanner in the works as they can dominate proceedings.

I don’t know which hearings you had but if an appeal failed you could consider applying to vary and asking for the case to be heard by a District Judge. A good Judge sees what’s what and has no nonsense. But even then the system fails in that Judges are led to their conclusions by arguments from solicitors and barristers and if one side is represented and the other side isn’t, it can be unbalanced. And they err on the side of caution.

Surely it must be obvious that your ex just tries to prevent time for you with the kids!

The problem with some (a lot) of Cafcass officers is - they will believe every word the Mother says and treat that as fact. And make decisions without any evidence. At final hearing it is evidence that is the key but a lot of dross has already been recommended by then.

I wrote to Cafcass once to try and get something corrected from their safeguarding letter - and of course got no response at all and no correction. It was quite a glaring error - it said child lives with Mother and spends time with Father. When there was a “lives with both parents” order - in front of them!

This caused untold damage and made my ex worse - she took that to mean that Cafcass thought she should have residency and would give it back to her so then breached constantly to force me to go back to court - thinking Cafcass would side with her.

I sent a copy of my request for the correction to the court as well. No mention of it at the hearing! Just ignored.

There are a number of tips and tricks Dads have learned - but the main thing is - it is jumping through hoops - it’s an adversarial system - don’t expect good communication or justice! Or to be believed because you know you’re telling the truth.

Another thing to lobby for is - evidence at first hearing! Ridiculous that no evidence can be shown when an ex is lying and Cafcass make decisions with no evidence.

So in my experience and in my region - Cafcass are extremely biased towards the Mother. To the detriment of kids. My first one was very good (on the phone). But the one at court was a man hating bully!
 
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