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Legal matters

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Advice, dv, courts etc.

1 reply

Iceiceice · 18/12/2017 00:53

Posting on behalf of a friend. Hev has three children with his ex. To keep things short here are the basics

*His ex is violently abusive. He has evidence plus marak referrals.

*this is in front of the children. Again he has proof of this (video/audio)

*she became enraged and violent in fright of the children during pick up. He had to ring the police. He's been evicted because of the damage she caused to the property. He refused to return the children. He was their main carer as she quashed to return to work. However she threw him out and kept them.

*she blackmails, threatens and stalks him. He has proof.

*she threatens to run away, disappear, erase him from the children's life. Again there is proof.

  • she got an emergency hearing. Kids returned to her on a temporary order she's false claimed to be a victim of domestic violence.

  • she is now making contact difficult. She refuses to allow his brother to do handover because he was the one who called the police when she was kicking his door in. That's her only reason.
    She suggests his mum's however his mum allows her to abuse him. He doesn't feel safe there.

She says he must collect them with her present and no one else.

He hasn't seen them for five weeks. He believes a court will believe her (police etc have been fairly useless as usual with DV against a man).

She opted to serve him her summons herself but made sure he didn't get it. The summons was for the following day (when temp orders were made). The next hearing is in January.

Whats likely to happen regarding him being believed. There are massive welfare concerns. Her house is filthy. Fridge filled with slime and mould. Mess and cat poo everywhere.

Social services have been useless.

Will a court listen??

OP posts:
prh47bridge · 18/12/2017 06:43

A court will listen. What they decide depends on the evidence. They look at the balance of probabilities - proof beyond reasonable doubt only applies in criminal cases. As for what they will order, that is down to what the court believes is in the children's best interests. They may well request reports before deciding. If the courts decide to leave the children with her and order contact, it is unlikely they would support her insistence that no-one else is present at the handover.

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