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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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A friend of mine has been going through a very messy custody

Customer Question

A friend of mine has been going through a very messy custody battle with his ex partner over access to his child. She has accused him of several offences through out, hasn't turned up to court hearings etc, until the judge placed an order, that if she didn't attend further hearings, that she would be arrested and placed in police custody, though she has turned up since intermittingly the order is still in place. She refuses to use any legal aid or legal representation. She has since accused him of abusing one of her children, which was taken to court, and of which he was acquitted. Now the family court want to hear all the evidence from the case. What does this entail, and what happens if they consider him guilty of this crime ? Does this change the original not verdict result ? And would he be able to appeal if they found him guilty?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
In fact what has been listed is a Finding of Fact hearing.
The Family Court considers the evidence and then decides if the alleged events occurred or not.
The standard of proof is "balance of probability" rather than "beyond reasonable doubt" - so much much lower.
The Family Court result does not effect the Criminal findings - and he will be able to appeal if the process is not properly followed
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

As we have a child together, how would this affect us as a family, we have already had a visit from social services, due to the nature of the matter. If the family court decide that in their view an incident did occur, what effect would that have on our family ?

Expert:  Clare replied 3 years ago.
Hi
This could be potentially a very serious position as a Family Court would have ruled that the event alleged actually happened and accordingly Social Services would have to act on that basis to ensure the safety of your child
Clare