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Legal matters

What if someone lies on the Contact Order Form when applying for contact order?

6 replies

adjaegham · 17/09/2009 17:26

Long story short, but after an incident of domestic violence and other issues, access to expartner was stopped according to legal advice.

Cafcass has contacted me with details of a court date - but he (ex-partner) has kept all documentation because he's representing himself.

His daughter is known to social services (they wrote to him after domestic violence) & to the police (he spent the night in cells after the incident). However,I've got a feeling he ommitted this information in his application.

Will the court see this as deception? Any views please - or will they just ignore his ommissions?

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mumblechum · 17/09/2009 17:28

What exactly has he applied for? Is it an application for contact, or an appln. to enforce an order for contact already made?

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adjaegham · 17/09/2009 17:37

Hi

It's a contact order - due to the domestic violence mediation has not taken place.

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mumblechum · 18/09/2009 07:26

Sorry for the delay. On the contact appln. form itself there's very little space in which to say what the applicant wants, and why. The idea is that applicants don't write a long explanation/allegations on the form, as they'll have an opportunity to state their case later on in the proceedings.

Are you saying that you haven't seen a copy of his appln. form? Of course you have a right to see it and so your solicitor either will have received it already and he/she will have to give you a copy or it's gone astray somewhere in which case your sol. can get a copy from the court or the other side.

If he hasn't mentioned his arrest etc. on the form, don't worry as at the first directions appointment, it is usual for the district judge to order both parties to file statements and that is your chance to mention all of this stuff.

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adjaegham · 18/09/2009 19:10

Thanks mumblechum - he's representing himself & discovered he's kept hold of the paperwork via my sol. She's going to move the hearing nearer (he opted for a court 25 miles away because its nearest to him).

Think he's omitted stating he is reponsible for domestic violence that may impact on child & that child is known to soc services.

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mumblechum · 18/09/2009 19:47

He's certainly supposed to say on the form that SS have been involved, but I'm not surprised he hasn't mentiioned the DV on the form.

The court will certainly transfer the matter to the childrens' home court, as the Cafcass officer dealing with the report is linked to the county court nearest the children.

Good luck. If you have any other queries that your sol hasn't answered, give me a shout in the legal section.

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adjaegham · 19/09/2009 08:21

Thanks for your assistance

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