Going through family court to gain access to daughter and now accused of rape by ex!

[Bluebloods]

My other half is going through the family courts to try and get access to his daughter, who his spiteful ex hasn't let him see for a few years. All of a sudden she's saying he raped her while they were married. Totally untrue of course and how strange that she should mention it now while they're at court! She obviously decided to take it further as the police came round to say allegations had been made. He wasn't arrested or anything, they just wanted his side of the story. They were aware a court case is ongoing. He gave his side of the story at the police station (went voluntarily) which was recorded. He was told a few things didn't add up as to what she'd said. The thing is, if you've been raped you surely wouldn't try and get back with that person and ask for lifts into town and go out for meals with their daughter together would you?! Of course she's trying to say it was him who wanted her back (untrue).

The police said they'll need to do further investigations but it may be a while as there's other trials going on at the mo (not very important then!).

My question is, what can they further investigate and what's meant to happen next! It was that long ago it was meant to have taken place so there's no evidence of anything! Just not sure what happens and it's rather terrifying to think someone's lies can wreck so much havoc.

Help!!

[slowdown73]

Sorry to hear about this situation but it can be quite common when there are family court proceedings. It sounds like this woman is using it as a weapon to get what she wants ie. Custody of the children. From what you have said, the police seem to be keeping an open mind but unfortunately they still have a duty to investigate whether there is any truth to her story. That might involve accessing her medical records and speaking to anyone she claims to have told about the accusation. The process can take a long time and in some cases a year or more and I'm not sure whether the judge in family court proceedings will make a decision while the investigation is on going. Hang on in there because you haven't done anything wrong and the police have acknowledged her story doesn't completely add up and hopefully her story will begin to fall apart.

[Casehardened]

Not sure if she is already on legal aid re. the family court proceedings but a DV or rape allegation will guarantee this, also the family court proceedings are usually put on hold while these are being determined (quite useful if they aren't going the complainant's way!)

This doesn't help you get through this of course, but knowledge of a motive (I am quite certain that this advice re. a rape accusation is out there on some website or another) may give you some reassurance.

[Bluebloods]

Well that doesn't surprise me that she can now get free legal aid, she was representing herself before (as is he). Do you think he should see a solicitor just to see what's what - or wait until he actually hears from the police again? If so, how do you best find someone who's used to dealing with this type of thing?

That's the thing, they can look at medical records but other than her being pregnant at the time (oh yes), there'll be nothing!!

She's already tripped herself up a few times with lies at the family court so this really shouldn't surprise me!

[Casehardened]

My question is, what can they further investigate and what's meant to happen next!

I put together some notes a while ago about 'what happens next' which you might find useful reading......

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Do you think he should see a solicitor just to see what's what - or wait until he actually hears from the police again? If so, how do you best find someone who's used to dealing with this type of thing?

I'm assuming he will need to apply for legal aid rather than paying privately: if so a solicitor can only claim these fees on his behalf if attending an interview or if he is charged, therefore if they spend any amount of time this will be 'pro bono' (and some firms may be happy to offer advice over the phone or by email) or at another clients expense.

OTOH there is no harm in him researching suitable local firms and making and inquiring if they would be prepared to represent him if necessary and see what transpires.

There are some members recommendations in this section:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

[Lucky]

When it comes to serious things like allegations of crime, or indeed matters involving children, I would always get a decent solicitor involved as early as possible.

Riz does Legal Aid, can't recommend him or his firm enough ( see my signature for details ). They have been mentioned in the thread posted by CaseHardened.

Good luck buddy

[Rights Fighter]

When it comes to serious things like allegations of crime, or indeed matters involving children, I would always get a decent solicitor involved as early as possible.

Riz does Legal Aid, can't recommend him or his firm enough ( see my signature for details ). They have been mentioned in the thread posted by CaseHardened.

Good luck buddy

Of course this really depends on where any reinterview will take place. He's been interviewed once - so roughly in which area was that?


If private client then look no further than Chris Saltrese, in my tagline.

[Bluebloods]

He's got a job so I assume he's not entitled to legal aid - although he doesn't actually have any spare cash to pay for solicitors fees, if that makes sense.

It would have to be someone from the North East area.

What actually goes on? Not sure how things work? Will the police have interviewed anyone else other than the accuser, or do they just take her word for it before they went to see him? As to investigating further, what might they actually look into?

Am assuming that the fact he wasn't actually arrested is a positive thing (however slight)?

It's affecting him so much already. Easy for me to say try to get on with normal life (well not so easy actually) - but it just hits him randomly every now and again. He's terrified that if she can lie about this, what else is she going to come out with?

So shocked that this has happened to so many people. Horrific.

[Rights Fighter]

How far up in the North East? If not too far north try http://www.qualitysolicitors.com/jor...ple/mark-newby as he could still be eligible for legal aid. It really depends on the disposable income.

If he is not eligible for legal aid try Chris Saltrese Solicitors in my tag line. Best in the UK I reckon!