Yes, it would help other issues to simply get the finding against her..
Am I right to assume that I could spend the £200 or so on a court fee and get this in front of a judge?
I would also like to open an ex-parte application for a prohibited steps order to stop her taking our son to Russia (she is Russian with GB nationality now), and a non-molestation order and also residence order for our son to live with me.
My thought being that her assaults on me are not getting looked at, and although I have applied for reports, she has not been charged, and the reports will only include my own statements and the police report, I guess.. She is trying hard with false allegations to make me look like a monster..
Hi there! Yes thanks for your answer.. I just wanted clarification really.. You mention that I have left this too late, but the three years is not yet up. You "suppose" I could sue... doe that mean she cannot be charged then..? I am not quite sure exactly what the 6 month time limit actually stops apart from actual police action.. I can use this incident to help prove the falseness of her present allegations.
If there is any way to get it in front of a judge I would do so. I might make use of the fact that her assault was just before my assault of her.. could I get a pardon?!! .. Could you put your creative cap on and show me how I can use it in the situation I am in. Even if it is suing for just £100.. Because she is looking to have full custody and get me out of the picture!
I can afford more than £200; I was referring to the court fee only. I would represent my self. I would go for this.
Assume for a moment that I get this applied for. Will I BECOME out of time, or will the clock stop ticking as soon as I register my court application in time?
I can also include an investigation of the kick in the car which happened last year and which she denied to the police when arrested.. or can I?
Also; can I (perhaps with still paying two court fees) get this heard at the same time with an ex-parte application prohibiting our child being taken out of the country, and also a residency order backed up with a non-molestation order to allow the arrangement to work?
I am assuming, for this question, that I can and will prove to be lies her sworn affidavit that she used to get a Judge Brett at Bromley County Court to make the non-molestation order and prohibited steps order that my son and I are now suffering under. I have seen him for 2 hours in the last 4 weeks.
By the way, on re-reading I see you assume the "not in public interest" statement occurred more recently, after the 6 month time limit. It did not. the Metropolitan Police did not pick up the case at the time, and the Devon and Cornwall Police made this statement just 3 weeks after the assault. My mother's evidence (her seeing the assault) has never been heard.
Yes, thanks, I don't need to win, I just need to reveal her history of abuse, and register a correct level of resistance to bullying. I have taken too much for too long, and now she is claiming to be the victim in order to get full custody of our son. I am given no choice.
Is not your stance tantamount to saying that the system is corrupt or biased so much towards women that I may as well allow contempt of court in the form of false allegations (your future one that you have pointed out included: a claim of harassment)?.. and, furthermore, allow the fact that since our 4 year old son was 9 months old I have been his primary carer to be worth nothing in coming to a decision about his care, and, still further, that now that my wife wants divorce because she cannot control her violent nature, she can easily paint a picture of me as an aggressor instead of admitting the truth: that she is the aggressor, and benefit from the result given by a manipulated judge?
Are we being a little cynical here?, or have you argued for the abused wife too often? (with all respect; I merely point at the ease of walking a well-trodden path..)
I have been spat at, punched, kicked and abused in many ways over the years, and often.
I hope a judge will see her for who she is: a liar and a bully. At least some four or five friends and two family are standing up for me. She has hit me in front of witnesses many times.
I understand your concern regarding telling me the truth, but if there is any chance you might reflect on this and see that you might have got it wrong, I would like to know.. Or, put another way.. IF YOU HAD TO PROVE her guilt, or at least discredit her claims, how would you do it?
Sorry; her false allegations are subtle and far-reaching. They are such that the history of violence towards me is important only as an indication of character, and as a balance against her claim that she fears for the safety of herself and our son. Yes, I asked if I could be pardoned, but my real question was how to present the truth.
Now I am thinking that my question is unfair in that I cannot easily give you all the background knowledge to make a sufficiently informed answer.
This does not mean you have not answered; I am grateful for your answer and I will give a high rating.
Perhaps I am asking too much of the system. But, no, I don't need a pardon! I need her past to be revealed so that risks can be assessed correctly.
I struck her that once in 10 years of marriage.
She hit me perhaps 60 times (including the three blows in front of my mother) with painful force, swung me around by my hair (in front of someone else) pushed me against the wall, spat on me twice in arguments.. and much more.
I do have the six crime numbers in which I am the victim, and I also have audio recordings showing her to be abusing us psychologically.
Will she hit our child? Yes, I am sure she will and probably already has.
[...Mmm..How could she claim harassment if I lose a case? Is that not like saying I was lying; as if my allegations have been proved false?? They could not be.. they are true of course, even if I do not win.. ]
OK, you have answered, thank you. If you would like to add something regarding this last page of mine it would be appreciated, otherwise, thank you again.
The negative face of your answer does not deter me from rating you highly.