ex wife's accusations and procedures after bail

[Verity]

Well done for getting custody!!!

So glad the truth came out.

[quinnb]

It was not easy to get it I can tell u. But by doing what she did strengthened my resolve not weakened it. Also not that it will happen. If when nfa push for her to be prosecuted for perverting course of justice. If they don't complain via prof standards. That way u will get in writing reasons why something to show cafcass. Also all my police interview was shown to family court so think carefully what u said as it could be used against u. I called my ex a nutter and god did they try and make issue out of that

[Rights Fighter]

I called my ex a nutter and god did they try and make issue out of that

That does not surprise me. One has to be very careful how to phrase things. In interview and in cross-examination anything can be twisted. People tend to disbelieve that advice until it goes horribly wrong............

Back to topic - worried 123 is there any update?

[quinnb]

R u saying rights fighter in police interviews it is best to do a no comment interview.

[worried123]

not so far, I have various CAFCASS issues to sort out (for which I have a solicitor) and am waiting to see what happens, my bail does not expire for another month or two so, I am just hoping they call and cancel it before then. If they charge me then I will araange a solicitor.

[Rights Fighter]

R u saying rights fighter in police interviews it is best to do a no comment interview.

Certainly not. NC interviews can go against a defendant at trial. Just be careful how you answer.

[quinnb]

My sol told me to do a no comment interview saying it was down to police to prove it and why help them. So surely your defence in court would be my sol told me.

[Rights Fighter]

If a def has been given legal advice to go no comment then the judge invites the jury not to hold this against him.

However it's then often the Crown who will add into their closing speech "well yes, he went no comment on legal advice, but, ladies and gentlemen of the jury, if you have nothing to hide then why take that advice? It's not an order so therefore the defendant had the choice to give a full and frank account and chose not to".

The jury are not puppets. Just because a judge tells them to disregard certain bits of evidence, or they are told not to hold it against a def because he did not give a full and frank interview, does not mean that they will feverishly follow the judge's directions.

[the advocate]

Hi worried 123,

Its greatly in your favour that the previous finding of fact hearing went in your favour. Also, its a useful point to make that as she already went to the police with accusations against you, she no doubt had the opportunity to make the rape allegations at the same time. That she did not do so suggests that she hadn't thought that one up at the time.

It's up to you as to whether you apply for custody of the kids. Apart from whether you actually want them to live with you, your current wife will no doubt have a view! The age of the kids is important, as the older they are the more emphasis the courts will put on their opinion. If they want to live with you, it is possible to achieve, but not easy. Because of the prejudice of courts to mothers, you will have to work twice as hard to achieve half the result.

Once the rape allegations are NFA'd, you can apply through the courts to get a copy of the police investigation results, together with her allegations and statements. Once you have this you can build a case to have her charged with perverting the course of justice, perjury or wasting police time. Again, this is difficult as the police just want it to go away so you may need to consider a complaint if they tell you that there's no crime been committed by her.

On the civil side, CAFCASS are a law unto themselves. Consider joining the Families need Fathers forum for advice - they can help you if you can't afford representation.

[worried123]

Thanks everyone for advice and encouragement. I have legal representation for my contact case, was in Judge's chambers recently for some element of it and the allegation was not mentioned. I went to a CAFCASS meeting as well and they mentioned the 'charges' against me as something that needed consideration.

I get very stressed in such meetings and as a result I did not even think to mention that I have not been charged (yet) just falsely accused and arrested. I sent the CAFCASS officer an email the next day to explain this.

I have to answer the bail this upcoming weekend therefore while I was in the same area with contact and CAFCASS issues I tried asking the officer in charge if I could sort the bail out while I was down, to save me a 200 mile round trip. She said she had not had chance to run it past her inspector so I had to still attend as the bail notice stipulates.

So now I am just hoping all goes well this weekend.

[Saffron]

I will keep everything crossed for you, Worried123. Be prepared for the fact that you may simply be rebailed.

[the advocate]

Worried123,

When I was being rebailed, I was able to speak to the police just before, and they told me that I was being rebailed so no need to bother coming in. As it was, there was confusion at my final rebail as the OIC was off on holiday. I'd been trying to get the bail conditions modified, and the other officer dealing told me something different to what was on the custody record. I think, for a time, my bail had expired and I hadn't been given a rebail date, but this was when the rape allegations were NFA'd and there was only one equally fictitious assault allegation hanging over it.

So what I'm trying to say is theat the police are a law unto themselves and so long as you show to them that you're co-operating, they can also be quite flexible to you. Don't push your luck too far, but say "in the circumstances, is it possible ..." and provided you let them know you know it's a favour, they may come up with the goods.

The hearing in Chambers sounds like it could be a directions hearing, where the judge says what should be done (with timescales) before the final hearing. You should be clear as to what should happen and don't be afraid to ask your solicitor to explain. Remember, there are no stupid questions, and what you ask now may save you cash, effort or tears later on.

Re CAFCASS, I don't want to say too much as my situation is still ongoing, but it is documented in various places that they do make errors of fact. If this happens, feel free to get your solicitor to make the corrections. Looks like you did the right thing by your email to the CAFCASS officer the following day.

Finally (and I'll leave it to others to comment on), my personal view is to take the false allegations on the chin and don't try to hide them or cover them up. So if there is an official body who might know about them, boldly state that the allegations have been made, they're a load of rubbish designed only to harass you and you're looking forward to clearing your name. Once my situation clears up I'll post a summary of what happened to me, but by revealing the exact nature of the allegations to anyone who had had contact with the female concerned, it showed that she'd been telling porkie pies to them as to what actually she'd accused me of.

Keep fighting, and I know its easy to say but more difficult to do, keep your spirits up!

[worried123]

Allegations not being pursued anymore

I got a call 45 minutes ago from the officer in charge telling me that they will not be charging me and that they are going to cancel my bail.

I cannot tell you how much you lot on this forum have helped me through the last few weeks. I will always be grateful for the help, advice and frankness of the posters on here.

I am so releived yet a bit annoyed they took 3 months to decide to do nothing and only called at 5pm on the night before I had to drive 100 miles to answer my bail, but it saves me some petrol I suppose.

Thank you all again, I will be keeping an eye on this site and hopefully can contribute in a positive manner to other people who need help.

I am now off to the pub to get pissed with my wife, see you all soon.

J.

[Casehardened]

What a relief for you & have a great weekend.

Hopefully this resolution will enable you to get the contact order sorted.

[RFLH]

That is good news, I'm pleased they didn't tell you when you'd driven there.

Have a few drinks for me!