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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Ex using closed legal allegation in Family court

5 replies

deardeb · 08/12/2025 16:26

So long story short,

My ex has always known about an historic legal matter that I was falsely arrested for and it was dismissed and closed as I had zero to do with it besides the fact that I owned the property where the crime occurred (I rented out the property as an HMO *some bills were in my name hence being the person to be questioned ).

Long story short, now separated, Ex has gone to court, demanding I am barred access to our child etc and she is using this historic legal matter as a basis of her reasoning(Its on record that it was dismissed and closed).
Again , it is documented it was closed, I never spent a single day in jail for this what so ever and I have other children who I have 50/50 custody of, no concerns, no safeguarding issues(social services had to be involved at the time years ago and reflected on their end also that they had no concerns what so ever even up to now) .

I opposed the application and hearing in due soon and awaiting Cafcass assessment at the moment.

What are the chances the court/cafcass will side with her when I have other children in my care and the legal matter she noted as a reason was merely an investigation that was fully closed and cleared me of any wrong doing by bother Police and social services?

OP posts:
deardeb · 08/12/2025 16:26

Maybe I should post in legal section?

OP posts:
Buscake · 08/12/2025 18:19

Cafcass will look at any safeguarding concerns
and will speak to children’s services if there was past involvement. They will speak to both of you. This will all be summarised in a safeguarding letter which will go before the judge.

PhoebeBird05 · 08/12/2025 23:04

What are the chances the court/cafcass will side with her

If what you've said above is entirely true, the answer should be zero. No reason why they should deviate from the usual recommendation of 50/50. However, you can never be sure with CAFCAS/Social Services - You could get a particularly vindictive case worker who just wants to stick it to you. Hope for the best, but prepare for the worst

Bobiverse · 08/12/2025 23:09

I assume you have legal help of your own? Talk to them. They’ll have all the info and know the law.

deardeb · 09/12/2025 13:55

PhoebeBird05 · 08/12/2025 23:04

What are the chances the court/cafcass will side with her

If what you've said above is entirely true, the answer should be zero. No reason why they should deviate from the usual recommendation of 50/50. However, you can never be sure with CAFCAS/Social Services - You could get a particularly vindictive case worker who just wants to stick it to you. Hope for the best, but prepare for the worst

This is my fear, this case was closed, nothing went further against me but unfortunately it is now part of my record and it does reflect that it was closed.

Unfortunate but I pray i do not get a horrible cafcass worker.

We shall see

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