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False sexual abuse accusations

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SelfishBTCH1 View Drop Down
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Joined: 07/July/2015
Location: Australia
Posts: 70
  Quote SelfishBTCH1 Quote  Post ReplyReply Direct Link To This Post Topic: False sexual abuse accusations
    Posted: 12/January/2018 at 23:38
Hi all 👋,

A close friend of mine is in desperate need of any help and advice or help will be hugely appreciated.

Basically a quick overview,
• Seperated and divorced 12 mths ago,
• Now going thru family courts,
• He is the respondent,
• He has access and shared custody of the children for the past 9mths which was decided between the 2 early in the separation / Divorce,
• The EX recently contacted DCP and had the children’s spend time stopped as she made FALSE claims of violence against the children when they were in his care,
• DCP has now all been cleared as the accusations were found to be false but spend time was not reinstated after this,
• EX has now made false accusations of sexual assault by the father on the children with the courts,

The EX is a police officer and has legal aid help and approached everywhere possible so every time he tries to get help there’s a conflict of interest so no help can be given to him.
He’s been diagnosed with major depression due to the separation and the entire process of not seeing his children.
He’s been unemployed for the past 2yrs but recently started a new job and can’t afford to pay for lawyers so is now contemplating giving up on trying to see his kids because he doesn’t know what else he can do.

Is there anything he can do to keep him from giving up?
Any advice or help will be hugely appreciated
Thanks for taking the time to read my blog and any information you may be able to provide me.

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
Posts: 2193
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 13/January/2018 at 08:18
Mate - you have been through the system... You know he has 3 options.
1 - give up.
2 - pay a solicitor
3 - make a court application and self represent. He should do this one.... My thinking these days is that the best way to go is to self represent all the way through until final hearing... Now final hearing could be 2 yrs away, enough time for him to get back on his feet and IF he can afford then he can get a solicitor / barrister for final hearing... But with your help he can get interim orders...

So when you say 'ex has now made false accusations of sexual assault by the father on the children with the courts' What exactly do you mean? and did they have consent orders for shared care? or just a parenting plan?

Sonata View Drop Down
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Joined: 24/November/2015
Location: Australia
Posts: 179
  Quote Sonata Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2018 at 14:51
So, proceedings are on foot?

Tell your friend to have a read of the following cases:

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/460.html

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/405.html

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/346.html

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/294.html

All of the above are cases in which allegations of sexual abuse were made and found to be unsubstantiated. They're a good demonstration of how the Court dealt with the issue.

As an FYI, the following are cases in which the allegations were found to be true:

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/456.html

http://www.austlii.edu.au/au/cases/cth/FamCA/2017/380.html

Tell your friend not to give in yet. It takes time, but the Court usually gets it right in the end and it's not run by idiots who make such heavy decisions for kids based on the flimsy word of a vindictive ex. They know what parents can be like. There isn't a trick in the book that the judges don't know about.

Self-representing is daunting, but it's not as difficult as some people think. Tell your friend to attend a few hearings for parenting matters and see how they're run. It might instil him with a bit more confidence.

jaazzz View Drop Down
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Joined: 19/September/2009
Location: Australia
Posts: 6396
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2018 at 23:57

Some interesting reading in those links... Thanks Sonata.

Nice to see these bullies who deny their own kids a meaningful relationship with the other parent based on groundless slander get dealt with as they should by the court...

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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