TW; Abuse and Scott Schedule

[ContactNightmare]

Previously posted here and looking for support or guidance. My DD who is 14 disclosed her father had abused her physically emotionally and sexually and did not want to see him. Divorced him years ago as he was abusive to me (emotional) Couldn’t make anyone take it seriously at the time and the court made a contact order.

DD has been diagnosed with cPTSD and has now had two years of treatment at CAMHS after attempting suicide. Police NFA after investigation. Guardian appointed and has recommended a section 91(14).

Her father doesn’t accept any of this obviously. At the last hearing he employed a silk to obtain full disclosure from school, GP, social services and police. I have to file a Scott schedule and witness statement. He says I’ve alienated her or she is autistic. No one else backs him.

There are hundreds of documents. Having read these documents I am learning in detail for the first time what is said to have happened. It is horrific. I did not know. Now I do.

I understand that I have to file the Scott schedule and the witness statement. I just about understand the Scott schedule but I will have to do this alone, I can’t afford solicitors any more. What concerns me is the witness statement. I don’t actually know what happened, because all of this happened while my DD was at her father’s for contact. So all of my understanding comes from the documents, and what my DD has said. How do I write this witness statement?

I cannot believe how wicked this man is. I have to believe that the court will not allow him to carry on to a fact finding hearing in these circumstances where it will just be him trying to tear me to bits financially and emotionally. Our DD could never give evidence as she is not fit. This man is abusing us again in plain sight and using his money to do it. If I collapse, there is no one to help this child. I do not understand how this can happen.

Can anyone help? All I have done is protect this child. That is what the disclosure says. The disclosure on him and her stepmother is depraved. The thought of them smiling and handing my daughter back after contact when days before they had beaten or suffocated her makes me feel ill.

IANAL but my thoughts are that your witness statement should be about any changes in your daughters behaviour that you observed and what happened/ how you supported her through the diagnosis process for cPTSD.

You obviously didn’t witness what happened but you have witnessed the impact on your daughters behaviour and what she has been/is going through.

I am sorry you and your daughter are going through this. I hope someone far better qualified than me can assist you.

Why is there another court case if a 91 (14) is in place? Sorry, I see that's recommendation.

This is helpful

https://www.rightsofwomen.org.uk/wp-content/uploads/2023/12/children-and-the-law-domestic-violence-and-practice-direction-12j-digital.pdf

I thought the court had to appoint legal support if you have none and it's going to fact finding?

What does the Guardian recommend? Courts very rarely veer from what CAFCASS recommend.

If she's 14 no court can force her to have contact with her father, even without the abuse allegations.

The Guardian recommends a section 91(14) to bar him from contact. Despite all of this he still insisted on disclosure and got it. I have to set all the allegations out, and then we go back to court again to see if his insistence that there be a fact finding is necessary.

I can’t see that it is; the whole thing is depraved.

Thank you for replying, I feel less alone. I cannot believe this is allowed to happen. It’s monstrous.

I thought a 91 (14) was to prevent a person from making further court applications.

The decision regarding contact will be made by the court under via the child arrangement order.

I think the Guardian has recommended no contact and our DD to live with me. On indirect contact, it’s suggested that they might try and give her a letter if CAMHS felt it would not inflict harm. Our DD doesn’t want any contact at all with him and has said so on multiple occasions