Help needed family court to the County Court

[jamate]

Hi ALL

My case has today been referred from the family court to the County Court, as the Family court stated that due to the nature of the allegations contained within a Scott Schedule, were too serious for them to deal with.

Family court still has allowed contact as per normal, Prohibitive steps order is in place and stays as per normal,I have applied for sheared residence

My main question is

Could "allegations" if founded to be true, can they be turned to criminal proceedings in the County Court?



You help will be most appreciated

[Faith]

Could "allegations" if founded to be true, can they be turned to criminal proceedings in the County Court?


Are they true?

Depends on the nature of the allegations...my gut answer would be yes. If the court found that there was any substance to these...or even that they worried that there might be (remember the burden of proof is just balance of probability) then they would most likely refer to the police.

[Rights Fighter]

Could "allegations" if founded to be true, can they be turned to criminal proceedings in the County Court?

Not the county court, no. This would have to 'investigated' by the police and then it's the decision of the CPS to charge. If charged it goes to Magistrates and then Crown court.

What do you mean 'if they are founded to be true?' Do you mean they are true? Or do you mean if the family court judge decides that the allegations are true?

[jamate]

Allegations’ are not true

It just concerns me that the family court have passed the case on to the County court, the Police have been informed way back in October last of the Allegations and have not been in contact what’s so ever.

If the County court judge decides that the allegations are true would they be referred to police again?

You help will be most appreciated

[Faith]

If the police have already investigated and taken no action then there would need to be some fresh evidence or a new allegation for them to open it up again usually.
You say you never heard from them at all...you're sure it went to them in the first place?
They would have to be pretty sure it had no grounds for them to not even question you.

[Rights Fighter]

You asked earlier:

Could "allegations" if founded to be true, can they be turned to criminal proceedings in the County Court?

I answered:

Not the county court, no. This would have to 'investigated' by the police and then it's the decision of the CPS to charge. If charged it goes to Magistrates and then Crown court.

You have now said

It just concerns me that the family court have passed the case on to the County court,

My answer is still the same.

It wouldn't go to the county court.

It is up to the police to investigate. if they do they have to see what the CPS do before taking further action.

If the CPS say the matter must be charged then it will go to Magistrates court and from there to Crown court.

It is a criminal matter. Criminal matters are not dealt with at the county court. County court is for civil matters.