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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex has made allegations of inappropriate child images to

Customer Question

My ex has made allegations of inappropriate child images to which the police have seized my equipment. The equipment was seized in September 2013. I have neither been charged or interviewed in regard to the allegations. To date, the police have still not returned my equipment and/or closed the investigation. Naturally a social services referral was made and after safeguarding checks, I was allowed supervised contact with my children pending the outcome of police investigations. This stop after complaints were made by my ex about the social workers conduct who was subsequently removed from the case. Social services closed the case in January 2014 despite the ongoing police case. My ex will not allow supervised contact without social services involvement and they have closed the case.

The allegations were made by my ex purely to secure a financial stability. I was the primary caregiver of the children from their births until when my oldest was seven and the children were removed from my care to my ex's after the allegations.

I made a contact application with a first directions hearing set for 14 May. The Cafcass report was issued full of lies and factual errors made by Cafcass and my ex.

My ex didnt turn up for the directions hearing citing sickness through stress and depression (She emailed the court attaching a sicknote from her GP) She requested the matter be transferred to a court closer to the children.

I'd like to know an unbiased feasibility of securing full custody after the police case is concluded and what further steps I can take to secure adequate supervised contact in the interim.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and when is the next hearing?
Clare
Customer: replied 2 years ago.
The children are 5 and 8 and as of yet, there's no date for the transferred court hearing
Expert:  Clare replied 2 years ago.
Hi
What are the factual errors in the report?
Clare
Customer: replied 2 years ago.
The report makes no reference to my previous status as primary carer..(My ex worked full time while I stayed at home looking after the children) and the stated facts of the ongoing police investigation. My ex made a police complain stating that I had inappropriate images on my PC alongside other pornography. Neither of which has been found. The police have neither interviewed or charged me and have had the equipment for eight months now. Despite requests to return it, they state it is still being examined by forensic experts but they have a huge backlog.

I cant go forward because of the allegations and the continuing police case. My job was a photographer and I had to give it up because of the fact my equipment was been taken.

The report makes assumptions as to the nature of the images found although social services and cafcass havent seen them and seem to be basing their judgements on remarks from my ex. I feel this is detrimental to my case.
Expert:  Clare replied 2 years ago.
Hi
What is the conclusion of that short report - it should be in the last couple of paragraphs
Clare
Customer: replied 2 years ago.
Telephone and letter contact to resume. The court to consider adjourning until the police case is finished and a schedule 7 letter after the case is finished..
Expert:  Clare replied 2 years ago.
Hi
The short preliminary report from CAFCASS is designed to give a summary of what p=both parties are saying and to identify any safeguarding issues and suggest a way forward.
From what you say they have indeed done this and have outlined the appropriate measures given the fact that the allegation is still under investigation
In order to restart contact you could consider using a Supervised Contact Centre (www.naccc.org.uk) or seeking the assistance of an Independent Social Worker to supervise the contact.
At this stage it is impossible to assess the long term outcome although a form of shared care is more likely than sole
I hope that this is of assistance
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Claire


 


Thanks for your responses


 


Paul

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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