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Children Act Proceedings – Malicious and False Allegations of Harm

29 March 2022

Divorce & Family

A father, who was at his wits end, after the Mother was continually dictating, controlling and limiting the time he could spend with his daughters came to us for our help within the Court Proceedings.

The father felt that he was being portrayed as a bad father and stated that the mother had made up false allegations about him within the Court Proceedings.

The father believed that the false allegations were being raised by the Mother with the sole purpose of bolstering her case so that she could isolate and alienate him from the children.

The allegations raised by the Mother were very serious in nature and by this point, the Father was doubting he would ever get any reasonable amount of unsupervised time with his daughters. The contested Finding of Fact Hearing was listed and the Father was understandably extremely worried as, in essence, it was his word against hers. He asked “who would the Court believe?” The Father said he felt like he was being treated like a criminal, all because he had insisted on wanting to see her daughters and play an equal part in their lives.

We took the time to go through each allegation in turn together and talked at length about the timings and the specific content of each allegation to pick each one apart bit by bit. This then enabled us to prepare a detailed statement in response to each allegation and we attached evidence to counter the allegations. The attention to detail and evidence filed, enabled to Court to assess that the information provided by the Mother could not be true and no negative findings were made against the Father, the Court even went further and made findings against the Mother for her conduct and deceit.

When the Father came to us, he was having no contact at all with his daughters and we were able to obtain a shared care arrangement for the girls to live with him for half of the time, which enabled the children to spend equal time living between both parents.

The Mother had listed a total of 10 serious allegations, which if found to be true, would have certainly had a significant impact upon both the amount of time and the type of contact that this Father would have been able to have with his daughters, for at least the next 10 years of their lives.

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