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Preliminary Hearing - What to expect?

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  • Preliminary Hearing - What to expect?

    Hi all

    I hope you are all well. My partner has his preliminary hearing on 4th July, and I am just wondering if you have any advice regarding this hearing as we are still in the dark. Our Solicitor finally arranged a meeting with us for this Wednesday, so hopefully he will shed some light on the situation - but he hasn't been much help so far. We thought it would be a 'plea' hearing, but our Solicitor said he wont be giving a plea at the Hearing.

    Also, is there a risk of his daughter being taken away from him at any time through this? He spoke to his Solicitor last week on the phone as it finally hit the newspapers, he was asking his Solicitor how he should approach it with his daughter, and he said "oh do you still have shared care of your daughter? I thought she would have stopped that." He has been worried ever since as we know this is one of the reasons she is doing this.

    Thank you in advance.

  • #2
    The hearing is just a formality and won't last too long...

    I'm more concerned that 'your solicitor hasn't be much help so far'
    If you have no confidence in your legal team, time is running out to change it...
    "Be sure your sin will find you out"

    Numbers 32:23

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    • #3
      Originally posted by Hopeful View Post

      Also, is there a risk of his daughter being taken away from him at any time through this?
      I think SS only get involved when the allegation relates to a minor; in your partners case the custody case is separate to the allegation (even though there is a strong link!!) and I imagine that no decision will be made re. the custody issue until the outcome of the rape allegation is known. I suppose till then the existing arrangements will stay in place.

      Having said that, if his ex is vindictive enough, she could say and do anything and it would depend on the discretion of the judge in the family court.
      'What doesn't kill you makes you stronger'

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      • #4
        Thank you,

        We saw the Solicitor on Wednesday (well I was told I couldn't go in as I am probably going to be called as a witness). He said he is going to be taking on his case now, and he will see it through to the end... he said he is experienced in these cases and he seemed good... 4th one from the same firm, but hopefully fourth time lucky!

        Thank you for the advice regarding his daughter. She is extremely vindictive so I wouldn't put it past her... we will see. He feels a little better knowing that she would have to go out of her way to do it.

        The preliminary hearing is next week so we should have the dates for the trial then...

        What a nightmare this all is.

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