Another child custody case

[Southwestaccused]

Hi all

Have been reading and taking lots of good information from this forum, thanks everybody for your contributions. This is my story.

I have had a long running battle through the family courts which recently came to a bit of a head and there would need to be some changes which would likely be favourable for me. At the same time I had been receiving threats from my ex partners husband and it was revieled in family court that I was considering going to the police.

Shortly after I got a call from the police saying I have been accused by my ex partner of unlawful sex when she was 15 and 9 months. We actually properly got together and had a physical relationship when she was 16 and I was 24 and went on to have a 3 year relationship, live together and have a child. I attended a voluntary interview and explained what really happened and the solicitor seemed quite positive however I am still terrified.

I am hoping she has made a mistake in what she decided to accuse me of as it was before the 2003 act came in to force and the 1956 act says there is a 12 month limit on prosecuting this and indecent assault cannot be used to bypass that limit. Does anybody have any knowledge of this.

I was always a good and loving partner and father and don't know what to do now. If anybody could offer any words of encouragement or insight I would be very grateful.

[is there justice?]

Hi Southwest

I'm really sorry to hear of even more pathetic, false allegations.

I'm not up on the arena of child custody though many others here have plenty of experience, sadly.

I do know what a shock FAs are to the system and that initial shock lasts for about 4 weeks.

I feel this would be very hard to prove in any case. Hopefully it will be sorted sooner rather than later but the plod can be slow. Her motive seems clear too.

Try to stay calm and rational. This process tests your whole belief system.

[Southwestaccused]

Thank you for you support. I am hopeful, the OIC said to the solicitor before interviewing me that she had never seen such a vindictive allegation. However she has gone ahead and done a thorough investigation so I hope my positivity isn't misplaced.

Any other advice would be gratefully received and I will update as often as possible if it is useful for others to read.

[myhome]

Thank you for you support. I am hopeful, the OIC said to the solicitor before interviewing me that she had never seen such a vindictive allegation. However she has gone ahead and done a thorough investigation so I hope my positivity isn't misplaced.

Any other advice would be gratefully received and I will update as often as possible if it is useful for others to read.

The OIC is obliged to conduct a thorough investigation even if she thinks there's not much truth in it. Only when the investigation is complete can the decision be made as to how to proceed. They may drop it, No Crime, No Further Action or Charge. It is impossible to second guess what they are going to do, and sadly you are another person suffering the wait in limbo while they decide.
Please continue to update us as we worry when a member disappears - and you will also find it helpful and more part of the forum if you post on other people's threads too.
Keep strong.....MH

[Southwestaccused]

Thank you. Finding this forum has been a great comfort and source of information. I'll keep you posted and do what I can to support others.

If anybody has any technical advice on how likely, what I could be charged with and how to go about defending myself I would be very grateful.

[Rights Fighter]

I think that a person can still be prosecuted for Indecent Assault as opposed to USI in the circumstances you describe, unless what is described is clearly penetrative sex.

It looks as though you have a motive for her making the allegation. As she went on to continue the consensual relationship she would be asked why she has taken so long to come forward given there is no mention of 'rape'. This is a custody case from the little you have told us. That would be your defence......

[Southwestaccused]

Thank you for your advice. Yes my solicitor specifically said there was no accusation of rape which is what I thought it would be rather than going for something so specific. Though I fear the allegations may escalate if nothing comes of this. I also received an email from her and her husband requesting money outside of my agreed parental obligations on the day I was interviewed so there is no doubt about there being a financial motive.

Thanks again. Fingers crossed for NC or NFA...

[Rights Fighter]

Whereabouts in the SW are you? the county will do......

[Southwestaccused]

In the Bristol area

[Rights Fighter]

Too far away for us to meet for a coffee then.

I'll send you a PM as I think you might benefit from the other forums due to SS involvement

[Southwestaccused]

Thank you, may take a few days to get the PM as I'm still a new member.

Just to clarify, there has been no SS involvement at all. The allegations were made to the police and every other aspect of the shared residence order is still ticking along equally as difficultly as it did before however I know she can no longer meet her commitments hence the impending need for potentially a change of residence in my favour. I am as ever keeping communication to a minimum regarding handovers. Seems very strange tactics on her part.

Thanks again, the fact that people are so willing to help for no reward is staggering.

[myhome]

Thanks again, the fact that people are so willing to help for no reward is staggering.

thank you for saying that - What is even more staggering is that all of us on here have been affected in one way or another - either still in it - or "out the other side." It is certainly side of life I wish I had never found out about - but having said that, I have "met" some very lovely, kind and selfless people on here.
Keep posting and we'll help all we can......keep strong....MH

[Rights Fighter]

I would strongly recommend http://www.kelceyandhall.co.uk/

Ian Kelcey the boss is the guy I would approach first - they are based in Bristol. We recently had not guilty verdicts on a member here who used them (legally aided).

[Southwestaccused]

Thank you. There is no sign of any charge at the moment, just the one voluntary interview and a long wait for news. Should I go ahead and contact them to get them set up in the event I did need them?

[Rights Fighter]

It won't hurt to ring them and ask if they can advise you....... just so they know you would be coming to them if there is a charge