Repeat of allegations disproved by factfinding

[OOM9]

Hello all,

Does anyone have any experience with the following?
My ex and I went through a lengthy fact-finding hearing 5 years ago. All her claims against me (mostly DA) were disproven.

However, she has now taken me to court again using some of the same claims, even including examples that were used in court last time.

Cafcass have been unhelpful and I feel have facilitated this (her precise claims have appeared in a Cafcass risk assessment carried out a month ago).

I am preparing a position statement for court date later this month. Please let me know any thoughts you may have.

Thanks!

 

[mva]

Surely the last FF findings can be submitted in your first hearing ?

Shouldnt the caffcass have a copy of this

Free 30 min legal advice with solicitor

 

[OOM9]

They should but seem to have ignored it. However, I will resubmit the first fact-finding in the next hearing.

 

[mva]

Stating the obvious but highlight this FF findings in your position statement. Judges only scan through docs before the case and you need any historical ( proved false ) allegations dismissed from the off.

 

[Jumper85]

Hi @OOM9 , I've experienced this more recently.

My ex raised DA allegations against me last year as part of the child arrangement proceeds, CAFCASS section 7 report was completed with no concerns and the allegations were eventually dropped as a 50/50 arrangement was agreed.

We then went through the courts for financial settlement last year into this year in which again she raised DA allegations, the judge wasn't interested as didn't impact the financial order. I thought that was the end of it but no, she then raised a non-molestation order and occupational order against me. As part of her evidence, she'd supplied various emails and text messages of what she alleged was coercive and manipulative messages which dated back 2 years. The judge at the hearing basically said all these allegations were raised as part of the child arrangement proceedings and is all historic and in the past, there was nothing she supplied that was recent and therefore the judge accepted a promise from me that I wouldn't go into FMH unless invited and that was that. Case closed.

 

[Peanut 21]

This happened to my partner. About 4 years ago a FF came back with no findings of 3 particular allegations.
Two years later the ex reapplied to court with a new allegation and then mentioned the old dealt with allegations.
My partner put in his paperwork that the old allegations had been dealt with.
Last year when my partner asked his ex why she took him back to court she admitted she wasn't happy with the previous outcome!
This is where civil court needs to be like criminal court. You can't bring up old 'crimes' that have been dealt with.
These women are like a dog with a bone. They keep going over old grievances until they get the result they want.