Ask a Family Law Question, Get an Answer ASAP!
Hi, I’m Lea and I will be assisting you with your query today.
I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. The court will look at the evidence provided to it, to ensure the welfare of the child. Therefore if each party are making allegations, the court will want to assess whether those allegations will have an impact on the child and whether they should affect the arrangements forthe child. If the allegations are considered serious enough and the court doesn't know who is telling the truth, then they can hold a fact finding hearing, whereby each party puts forward their allegations in a list along with a witness statement and evidence is given and cross examinedin court. The court makes findings and then decides what to do about the child arrangements.
In short, unsubstantiated or not, if either parent makes allegations the court is duty bound to review those allegations to ensure the child is safe.
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