Hi all. Here's a brief introduction to my story including a few questions within.
When we found out we were having twins my heart skipped a beat both with joy and fear. I knew this was going to be difficult especially considering we have no immediate support network. Fast forward 9 months and the kids arrived and all is well. However I begin to notice my wifes change in behaviour. She begins to exert a lot of control over me and how I should be with the children, telling me to do this that and the other. The situation deteriorates and the arguments become significant. She decides to divorce me and tells me early on in the year.
Fast forward to May, she instructs her solicitor and a week later i get a phone call from the Police inviting me into the station. I duly attend and i am arrested. Under interview its becomes apparent the incidents she alleges dated to nearly 1 year ago. My assumption is her solicitor coerced her into making allegations of DV and CC for her own immoral benefit, to take advantage of legal aid. Wife has approx 10k savings, earns i believe 40k maybe less and we have about half a million equity in the home. Would she qualify for legal aid?
Nevertheless these incidents' did happen, and i spoke during the interview as i believe i am an honourable man. I explained that i was acting in self defence (wife does rage a lot) for fear of my own safety and therefore i did not agree with the 2 x charges of assault. The example and detail she gave to the Police when alleging CC behaviour clearly did not amount to CC behaviour. It was obvious the context of the arguments were missing. I am released on bail with restrictions. Unable to return home or contact wife directly or indirectly. I have been informed by the Police they will NFA the charges, although this is yet to happen. I suspect this will be the case when i return to the Police station for my bail interview. What can i expect in the bail interview which is scheduled for middle of September?
After approximately 1 month of not seeing the children, the solicitors agreed I could see them for a short period on a weekend. She stipulated that only this one individual could facilitate the transfer of the children, which then ties up this individuals weekend for the foreseeable. I therefore submit a C100 and the court date is set for end September with the CAFCASS call set a couple of days after the bail date. Her C1A application is, as many have mentioned, is full of false allegations, allegations which were not made to the Police at the time of her call. She mentions she would like a further restraining order. Can she apply and be awarded an NMO without any consultation from myself? She claims to have spoken to social services and health visitors. Can this be verified by my legal team? I will need to return home temporarily to collect a few items. Its my intention to inform her, should she be in, that I'm recording any conversation and i will take a witness with me. There is no way i can live in my own home now as i will expose myself to further allegations.
She is also attempting to provide third party 'evidence' which i can prove is false and should the third party be cross examined, I believe it will become apparent wife has significantly edited this 'evidence' as it is all she has. What is the likelyhood of a charge of perjury being bought against her? Can the judge order wife is tried in a criminal court for such a charge?
Nevertheless reading some of the horror storied in this forum, i appear to have got away relatively lightly, I have full faith in my solicitors. I see my kids once a week and I can afford representation, just. Any advice would be welcome and my heart goes out to all the Dads here whos live has been turned upside down through no fault of their own.
When we found out we were having twins my heart skipped a beat both with joy and fear. I knew this was going to be difficult especially considering we have no immediate support network. Fast forward 9 months and the kids arrived and all is well. However I begin to notice my wifes change in behaviour. She begins to exert a lot of control over me and how I should be with the children, telling me to do this that and the other. The situation deteriorates and the arguments become significant. She decides to divorce me and tells me early on in the year.
Fast forward to May, she instructs her solicitor and a week later i get a phone call from the Police inviting me into the station. I duly attend and i am arrested. Under interview its becomes apparent the incidents she alleges dated to nearly 1 year ago. My assumption is her solicitor coerced her into making allegations of DV and CC for her own immoral benefit, to take advantage of legal aid. Wife has approx 10k savings, earns i believe 40k maybe less and we have about half a million equity in the home. Would she qualify for legal aid?
Nevertheless these incidents' did happen, and i spoke during the interview as i believe i am an honourable man. I explained that i was acting in self defence (wife does rage a lot) for fear of my own safety and therefore i did not agree with the 2 x charges of assault. The example and detail she gave to the Police when alleging CC behaviour clearly did not amount to CC behaviour. It was obvious the context of the arguments were missing. I am released on bail with restrictions. Unable to return home or contact wife directly or indirectly. I have been informed by the Police they will NFA the charges, although this is yet to happen. I suspect this will be the case when i return to the Police station for my bail interview. What can i expect in the bail interview which is scheduled for middle of September?
After approximately 1 month of not seeing the children, the solicitors agreed I could see them for a short period on a weekend. She stipulated that only this one individual could facilitate the transfer of the children, which then ties up this individuals weekend for the foreseeable. I therefore submit a C100 and the court date is set for end September with the CAFCASS call set a couple of days after the bail date. Her C1A application is, as many have mentioned, is full of false allegations, allegations which were not made to the Police at the time of her call. She mentions she would like a further restraining order. Can she apply and be awarded an NMO without any consultation from myself? She claims to have spoken to social services and health visitors. Can this be verified by my legal team? I will need to return home temporarily to collect a few items. Its my intention to inform her, should she be in, that I'm recording any conversation and i will take a witness with me. There is no way i can live in my own home now as i will expose myself to further allegations.
She is also attempting to provide third party 'evidence' which i can prove is false and should the third party be cross examined, I believe it will become apparent wife has significantly edited this 'evidence' as it is all she has. What is the likelyhood of a charge of perjury being bought against her? Can the judge order wife is tried in a criminal court for such a charge?
Nevertheless reading some of the horror storied in this forum, i appear to have got away relatively lightly, I have full faith in my solicitors. I see my kids once a week and I can afford representation, just. Any advice would be welcome and my heart goes out to all the Dads here whos live has been turned upside down through no fault of their own.
