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i have recently split from my girlfriend and she has stopped me from seeing my daughter , i have initiated court proceedings and she has made a statement to the court saying that i am an abusive alcoholic and that i beat her and that my daughter is scared of me. as a result of this i am now under investigation by cafcass . these are atrocious lies as i have never raised a hand to her and certainly wouldnt frighten my child . i have now had no contact with my daughter for five months and things are not exactly looking rosey . it seems to me that if i was a woman i would not be faced with these difficultys in obtaining contact to my child , i dont understand how a woman can just make up some stories and go to court and get what she wants , this is a very frustrating situation for me and i would really apreciate and help or advice anyone could offer

2007-03-13 07:20:07 · 14 answers · asked by DARREN C 1 in Politics & Government Law & Ethics

14 answers

From personal experience, I think lies are told many, many times in courts, family courts know that, they have many ways of working out who is telling the truth (if they can be bothered!) (& that is questionable), but at the end of the day, they are only concerned with "what is in the best interests of the child."
You should have a sworn statement setting out your case / defence, & the chance to reply to any unproven allegations made against you (& your Right to be heard is the same as your ex/partner's Right).
There seems to be an attitude whereby people think they can do or say anything to get what they want irregardless of right or wrong- the ends seemingly justifying the means! I personally think that is affront to the justice system.
Lying, manipulating, scheming, cheating etc., is not respectable or responsible & I would question the mentality of any parent who cold-bloodily obtained custody using deception.
Perhaps you could convince the court by offering to do a lie detector test?
I hope this helps, & good luck.

2007-03-13 10:33:13 · answer #1 · answered by Anonymous · 0 1

If the proceedings have commenced, then maybe the court will make an interim order so that at least you may have supervised contact with your daughter. This would give you a chance to demonstrate that the child isn't scared of you. The trouble is, if your ex is such a consummate liar, she may be poisoning the child's mind against you and things could get worse. Whatever you do, don't get angry in front of these various people, as that will make you appear aggressive. Persevere with your application and do what you can to prove yourself a devoted father, as this will help your case. I don't think that there is any reasonable prospect of having her charged with perjury, as there would be difficulties in proving that this went further than a misconception on her part. Perjury cases are comparatively rare in the UK and when they are brought, it is in relation to clear, incontrovertible facts concerning which the person concerned lied wlfully.

2007-03-13 07:34:31 · answer #2 · answered by Doethineb 7 · 0 0

Not sure how it works across the pond, but our laws are based on yours so I'll give it a try. The court should have made her present proof of her alligations. Parental rights is a serious thing and the courts are not inclined to deny a parent their parental rights without good cause. Did she present proof of any type such as Police reports, medical bills, photographs, video tapes?? Without such proof, I find it hard to believe that the courts would grant her sole custody without at least supervised visitation. If your being investiagted by Cafcass they should have questioned you and searched out further proof to substantiate her alligations. If in fact she perjered herself you may have cause to file your suit, otherwise you may be rowing the wrong way aginst the tide.

2007-03-13 07:33:51 · answer #3 · answered by Sane 6 · 0 0

EVERY FATHER has been in you shoes. Although it will take you along time, you will find out you are the worst person in America. YOU ARE A FATHER, and the courts give the mother EVERYTHING and the father nothing. This is NOT your fault of any kind. It is a terrible injustice to the fathers and to our children. Have you ever heard the phrase "women's rights?"... yes, everyone has. Have you ever heard of "men's rights? or ''father's right? no. You are at the bottom of the totem pole and the scum of america, I too am a father and if you ask any divorced father they will restate this fact. Women were RAISED to whine, moan, and complain. They did but they also UNITED. Men/boys/sons were/are raised to shut up and take it like a man.
Thus result is what you are looking at now, and believe me, you have not seen anything yet.
They only way our AMERICAN CULTURE will change is if our sisters, mothers, aunts, and children choose to change it FOR OUR CHILDREN.
Yesterday I believe "maybe" moms were better but DEFINATELY NOT today.
Many, many women know this to be true as fact. Infact all of america knows this. Women get the house, money, and children..............AND THIS IS TERRIBLE.
Why I am I for gay marriages? because it is parent #1, and parent #2. In the eyes of the court this is equal but today we have mother and father and mother gets it all. Yes there are token dads..............far and few between..........it should be 50-50, parent number one and parent number two. MANY of our sons, brothers, newphews, fathers, should have custody, along with the house and money. 50% of mothers having custody and 50% of fathers. (smitty50401@yahoo.com)

2007-03-13 07:43:16 · answer #4 · answered by schmidt50401 3 · 0 1

You can. It is considered fraud and defamation of character. Not all bad things happen to the male parent. My ex husband went to court behind my back and told them that I moved out of state and was not reachable. I work for the government. The courts did not try to find me. Now there is a new law that the court has to find the person before rights are granted. But in my case I lost parental rights and it took three years of my daughter lost in the system as well as a ward of the state before I got her back. That was only because DFC proved he was unfit.

2007-03-13 07:50:08 · answer #5 · answered by Anonymous · 0 0

You could maybe try to get people to testify as to your demeanor.

If you have some friends and family that know you really well, and know that she is lying, you might be able to convince the judge to give you partial custody.

If you can figure out a way to trick her into admitting she's lying (though it might not be admissable in court) you might at least be able to create doubt as to the truth of her testimony. I would get someone she trusts to talk to her (while recording it) and have them start joking about how funny it is that she made up all that stuff about you, and how you don't deserve to have the kid because of how stupid you are, etc. - hopefully she will take the bait and give herself away.

2007-03-13 07:26:22 · answer #6 · answered by joemammysbigguns 4 · 1 0

In most jurisdictions, litigants are provided immunity for statements made during a legal proceeding. This means that as untrue as the statements are, you may not be able to do anything about it but just prove her wrong. She is actually doing herself a disservice - if the allegations are false the judge may wonder whether she is making other false statements.

I would consult an attorney as to whether you may have any legal recourse in your jurisdiction.

2007-03-13 07:52:23 · answer #7 · answered by EthanHunt 3 · 0 0

No matter what you say now the only victim on this drama is your daughter...no matter what is hapening keep paying and have your child suport bill up to day...because if you will go in front of the juge to proove that she was lying ... and at this moment you are behind on the child suport payment...your non payed child suport bill will be another proof that what she was saying ...and was she is saying is totally truth...and she will have all the legal rights to put more nails on your coffin.

2007-03-13 07:34:25 · answer #8 · answered by nikitasgarofallou 3 · 0 0

Want to know how to get your ex back? Change yourself. Don't worry about changing other people, worry about changing yourself. Go to https://tr.im/AHfQR

Once you do that then you can start to worry about getting back together with your ex, other wise you will find that you are fighting about all the same things and getting no where. Do what it takes and I promise things will work out in your favor.

The funny thing is I came to the realization that I had to change a little too late. After I was kicked out and after I was about to lose the only things that truly mattered to me - her love. A funny thing happens when we truly love someone and lose them. We do what ever it takes to get them back. For me I had to drop bad habits that had caused not only our relationship to sour but practically every other relationship I had had in the past. Not only with women, but with friends, co-workers, family, you name it.

Which is why I say to you as my ex at the time said to me, the only thing you can do is change yourself. Work on yourself and improve on the person that you already are. Drop the negative things in your life that don't belong there and you will see all of your relationships start to take off to new heights.

2016-04-21 11:15:55 · answer #9 · answered by dodie 3 · 0 0

as long as she was lying under oath, yes, she was commiting a crime, and can be prosecuted to the full extent of the law. However, if you know she cannot frove you had been violent towards you, then she will be found out anyway, so you could sit tight and wait untill then

2007-03-13 07:30:59 · answer #10 · answered by jake m 2 · 0 0

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