advice re response to allegations and making my own

[redbaren]

My ex is taking me to court applying for a joint residency order on the grounds that my son is under threat of domestic violence from my now ex partner,
all of his allegations I can testify are not true however on page 9 of the C1A there is a section called "response to allegations of harm" it says I dont have to comment if I dont want to. Can I just write "disputed " on all of them as I would much rather put my answers in a proper witness statement. I prefer to let the other side know as little as possible. Is it ok to do this and it wont effect my rights in any way?
Also I have my own allegations of the emotional damage he is doing to our ds. Can I also complete and file a C1A at the same time as i send my responses back. If I do does this count as an order because on the notice of proceedings paper which the court sent me and I have to return is asks if Im going to apply for a court order.. I would be grateful of any relevant information.

Sounds complicated, I would definitely consult a solicitor if I were you. Best of luck.

Just putting disputed is not helpful to you or to the court. Lodge a witness statement. Just keep it factual and straightforward. Don't be argumentative however tempting it might be.

If you are just making counter-allegations that does not count as applying for an order. If you are asking the court e.g. to stop contact it does.

HTH.

Speak to a solicitor and the court. But I would nto simply write disputed. I would write (sticking ot the facts) the reasons why his allegations are disputed, and then about your allegations. How old is DS, does he get his own chance to put his opinion across.

Hello Andrewofgg sorry but I am still confused!
On the C1A form he has stated five allegations.
On Pg 9 of the C1A form there is an area for me to respond. So if I don't put "disputed", is it possible just leave it blank and make all my comments in my witness statement?
It says "you do not have to complete this section unless you wish to comment on any of the information given in this form.

Can I also lodge a C1A to make counter allegations at the same time I hand in this form to the court and if so does a C1A need to be accompanied by another form?
Sorry its all so overwhelming!
I cant afford a lawyer...absolutely broke and I am not entitled to legal aid.

Put Disputed - see witness statement.

If you are not making any specific order don't lodge a separate C1A. Just the one form him and your witness statement.

Ken Clarke are you reading this?

If you can't see the injustice of not giving OP legal aid - at least see how much longer the case will take if she has to struggle alone.

The same applies to giving applicants legal aid if they allege DV but not the other side - besides being unjust it will mean them (usually him) being allowed to cross-examine in person. Ugh.

Just googled around a bit and found "notes for guidance for supplemental Information form C1A''.
Here I am informed "If you do not wish to comment at this stage,this section may be left blank or you may insert the words 'No comment at this stage".
However i have also had a C2 served on me as its regarding a family matter, so does this mean it is not in my favour to make some comment at this stage as the judge may make the interim order based only on the information He has given?

Thanks Andrewofgg I am going to need all the help I can get. The real in justice of it all is about the emotional abuse he is actually doing to our child. He interrogates him constantly to the point of tears. He tells him that he's only in this country for him when he is not happy with his behaviour (my ex is Italian and moved to this country four years ago after I was given full custody and a right to return to UK after a year long battle in Italy in his local courts due to psychiatric evidence. Actually even the judge referred to his narcissistic personality!)
I have still to this day not got over the last time in court. I was shocked and felt let down then by the legal system as he told so many lies.
He tells my son if he does not do as he says he will leave him and return to Italy. He asks him constantly "Who is number one?" He repeats this until he gets his answer. My ds has to reply "you are!"
He told my son nearly 2 years ago that he was working on a plan that would mean he would be staying with him a lot longer. He moved round the corner to my house, "gathered" slowly his evidence, went on jobseekers early on the summer and now after threatening for several years is taking me back to court.
My ds tells me constantly he does not want to stay with his father any more, that he likes it the way it is and is feeling bullied by him. He is 9.
The main allegations is over my son hearing one big row between my now ex partner. We split up because my ex could not stand anymore to see me in constant pain and stress over my ds father. Apparently my son is under threat of emotional damage from me! hes also made a few other feeble accusations.
My son experienced constant domestic violence while with the father of my ds. Now hes started screaming and hurling abuse at his new wife (also Italian) in front of ds. My fear is my ds will have to re live his father carrying out ds to another woman.
Hes applied for a joint res order.He currently sees him every other weekend and half of every school hol.plus a few extra days here and there.
I was advised by one lawyer to take out a prohibited steps order as it looks like with the res order he could apply to remove him back to Italy. Both him and wife hate UK. Another legal rep told me no to a prohibited steps as it just does not look good.
Hope I have not rambled on too much, just wanted to fill you in with a few facts

I would re-post in Legal. You will hopefully get some good advice on there.

I would not go into too much detail yet. You cannot file a statement without the direction of the court - you will get chance then to put your side of matters and both parties will be provided with a date for filing. I do understand your frustration.

Thanks ElsieMc for your advice.