No contact
No contact
My son was charged with domestic violence after 10 months of being on bail and not seeing his children whom have special needs he went to court and the case was dropped before it went to court my son has had to have a section 7 report done for family court over lies told by the mother to police social services cafcass and solicitors he just wants to see his children
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Suzie, FRG Adviser
- Posts: 4249
- Joined: Mon Jul 04, 2011 2:57 pm
Re: No contact
Dear Jackie3936
Welcome to the Parents’ Discussion Forum.
My name is Suzie, online adviser at Family Rights Group.
I am sorry that you are feeling so upset on behalf of your son because he has not been able to have contact with his children.
It appears from your post that your son is in private law Children Act proceedings with the children’s mother. I am not able to comment on what you say about the mother and allegations she made to professionals.
As far as contact is concerned, it will be for the court to make a final decision about whether or not your grandchildren will have contact with their father. The fact that the criminal proceedings were dropped is likely to be taken into account by the court, it does not in itself mean that allegations will necessarily be seen as untrue. The reason I say this is because the level of proof needed in a criminal case is that it has to be beyond reasonable doubt. It is not the same in the family court, the court makes a decision based on the balance of probability, that is it more likely to have happened than not.
If the court considers it necessary there could be a fact finding hearing in respect of the allegations which your son appear to deny.
Contact is for the benefit of a child and the court usually take the view that children need to have contact with both parents unless it is not in a child’s best interest for this to happen.
I have included here for your information details of the organisation that could provide advice to your son, in respect of the private law case provided he does not have a solicitor representing him. They do provide a lot of information sheets as well.
I hope this is helpful.
Best wishes
Suzie
Welcome to the Parents’ Discussion Forum.
My name is Suzie, online adviser at Family Rights Group.
I am sorry that you are feeling so upset on behalf of your son because he has not been able to have contact with his children.
It appears from your post that your son is in private law Children Act proceedings with the children’s mother. I am not able to comment on what you say about the mother and allegations she made to professionals.
As far as contact is concerned, it will be for the court to make a final decision about whether or not your grandchildren will have contact with their father. The fact that the criminal proceedings were dropped is likely to be taken into account by the court, it does not in itself mean that allegations will necessarily be seen as untrue. The reason I say this is because the level of proof needed in a criminal case is that it has to be beyond reasonable doubt. It is not the same in the family court, the court makes a decision based on the balance of probability, that is it more likely to have happened than not.
If the court considers it necessary there could be a fact finding hearing in respect of the allegations which your son appear to deny.
Contact is for the benefit of a child and the court usually take the view that children need to have contact with both parents unless it is not in a child’s best interest for this to happen.
I have included here for your information details of the organisation that could provide advice to your son, in respect of the private law case provided he does not have a solicitor representing him. They do provide a lot of information sheets as well.
I hope this is helpful.
Best wishes
Suzie
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