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c1a form

(9 Posts)
allstarcricket Mon 27-Mar-17 12:32:08

Hiya,

Recently my BF of about a year has received a letter of notice from the courts. His ex wife has filled out a c1a form, along with a c100 form, claiming he was emotionally, financially and sexually abusive during their marriage.

This came about because he became convinced she planned to take his children to live in another country without his consent, and he put a stop their passports.

She went to court for an emergency hearing, to get permission to take them away, and this is where she has ticked the abuse boxes on the c1a form.

He claims she is doing it because with these claims she was more likely to get the result she wanted (i.e. to take the kids away), and because she got a notice without hearing which meant he wasn't called to the first hearing and was not able to give his say. Could this really be the case?

I was in an EA and violent long term relationship many years ago and I am sick to my stomach with worry that it is all going to happen again.

I can't believe I am doubting my bf, but I can't just ignore this!!

Any thoughts would be very very very much appreciated.

prh47bridge Mon 27-Mar-17 13:23:38

Some parents do make claims that have no basis in fact when they are fighting with their ex.

If there was a "without notice" hearing then he would not have been informed of the hearing so would not have been able to have his say. One argument a parent can advance to get such a hearing is that giving notice to the other parent exposes them or their child to unnecessary risk of physical or emotional harm. Even if the court accepts this argument it does not necessarily mean the allegations are true.

If you are worried you could ask the police for a "domestic violence disclosure". That will tell you if the police have any relevant information. They will also talk to other agencies such as social services to see if they have any information. You should be aware, however, that this may not be conclusive - he may still be an abuser even if they don't have any information.

allstarcricket Mon 27-Mar-17 13:30:30

Thank you so much for replying - I am sick to my stomach with all this, I want to believe him when he says its all lies so that she got to have her hearing without him knowing, but I have to think about protecting myself and I would be a fool to ignore these claims, right?

So, it is possible she could have used the c1a form to obtain a notice without hearing? Would she have got it without the c1a form? She did not claim that the DC were in any danger, just that there was historical abuse to her: the ex.

Are you referring to Clare's Law? I may look into this. I hate doubting him, he has been my rock these past few months.

Collaborate Mon 27-Mar-17 13:51:06

Given the type of application, making those claims will have given her no discernible advantage in getting it listed quickly.

allstarcricket Mon 27-Mar-17 13:56:53

This is what I wanted to know, thank you.

So the only point in claiming abuse on a c1a form is the following:

1) its true
2) legal aid (?)
3) she is being malicious

Please help me get my head around this...

allstarcricket Mon 27-Mar-17 14:40:47

Anyone?

prh47bridge Mon 27-Mar-17 15:46:26

If she is representing herself she may have thought there was some advantage in making those claims even if there was not.

And yes, I am referring to Clare's Law.

allstarcricket Mon 27-Mar-17 16:24:08

She used to have a solicitor but since the divorce was finalised some months ago, she has disengaged. I believe she represented herself. Thanks bridge.

allstarcricket Mon 27-Mar-17 19:02:07

Anyone else have any experience in this type of situation?

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