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Allegations of sexual offences mid court process

Access denied as relative has been accused of sexual offences against 1 of my children and former partner claims been advised not to allow contact.

After negotiated court order for access claims of sexual nature made but no information provided as to whom the perpertrator is other than to say it is a relative.

Court advised no information allowed to be given as police investigating.

Police have advised there are allegations of sexual nature that are for periods of time several years ago.

These claims come after negotiated orders for contact and claims made that children are to be in care of alleged person as father works. The other party was aware prior to negotiated orders that I am no longer working so regardless if these claims were true there would be no reason to deny this contact.

No advice has been given as to the actual allegations or when they have occurred as the police and the other party are hiding behind the "investigations in progress" line.

I find this highly frustrating.

My question for this forum is how and why would there be no regard for the fact there is a court matter requesting contact orders currently in progress.

Still very confuzzled.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
leroy said
My question for this forum is how and why would there be no regard for the fact there is a court matter requesting contact orders currently in progress.


Without knowing the ins and outs of the matter. The best interests of a child are paramount. Without having all the evidence before them a court is going to be cautious to ensure that nothing untoward is happening to a child. It is only once the court has all the available evidence that it can make a determination as to whether the allegations are warranted or otherwise.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
leroy said
These claims come after negotiated orders for contact and claims made that children are to be in care of alleged person as father works. The other party was aware prior to negotiated orders that I am no longer working so regardless if these claims were true there would be no reason to deny this contact.
LP would have a far better understanding than me about the Court operations but I just wanted to place things into a bit of perspective for you.

I understand that while these investigations are taking place (especially when it is not you that the allegations have been made about) that you would be very upset that you cannot see your children in the interim and also because you have effectively been excluded from your parental role as a protector and supporter of your child.  However try to keep in mind at this confusing time (easier said than done I'm sure) that in the end if there is any validity in these allegations that it's going to be more important for and to you to help your child than any visitation you might have missed out on, which might be a long long road to recovery for your child.

On the alternate, if the allegations turn out to be false (through a ploy rather than honest belief) then I feel nothing but pity for the distorted and evil mind of the other parent and hope everything from here on end goes entirely in your favour!!!   
    

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
The Police investigating will have strict privacy concerns to abide by so will not disclose too much. You could try contacting the assigned investigator and ask them what the allegations are. Then you could try a letter to the officer in charge of the office investigating the matter requesting the information. I do not know how much success you will have with this so don't hold your breath.

If the allegations are historical your ex may have to explain why she is with holding access now. She can claim that someone else told her to do so but this will not cut it. She will have to explain to the court why she stopped the child from spending time with you. As you say the fact that she is aware that that person does not have unsupervised contact will add to her need to have a good reason. Unfortunately not  a great deal you can do about it now. I would suggest you write to her and inform her something to the effect that, regardless of whether it is true or not, you will ensure that that person the allegation is being made against will not have unsupervised access to the child or any access if need be, to ensure you see the child.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
Patronus said
If the allegations are historical your ex may have to explain why she is with holding access now. She can claim that someone else told her to do so but this will not cut it. She will have to explain to the court why she stopped the child from spending time with you. As you say the fact that she is aware that that person does not have unsupervised contact will add to her need to have a good reason.
 

Hey Patronus,

I'm only really asking this as I'm trying to get a little bit more understanding of what you mean about the mother needing to have a good reason if the allegations are historical, given I do not know how this all works in regards to the Courts.

Do you mean that because a parent has had previous contact with a child (and also the alleged perpetrator) that because the allegations are not based on what is currently occurring to the child but rather past acts of abuse, that even if the other parent was told to stop contacts until the investigations have been finalised that that parent would still need a good reason behind their decision?

Does the Court take into account that a parent might not necessarily suspect or have been told this information by the child until that exact time?

Are other factors considered by the Courts such as that sometimes (even though it can be very painful for the other parent) that with things such as sexual abuse (past or present) that sometimes when the "secret" is finally revealed by the child and the feelings of the child associated with this history come to the forefront (even if they have only just told this information) that regardless of whether or not a child desperately loves both of their parents that sometimes the uncontrollable emotions (demons) they have, can lead to them not wanting to be near a person of the same sex as the perpetrator?  At least for a little while.
 
Or are these things considered also in allegations made from past acts?

Like I said this is just for clarity for myself of the Court operations (for real acts of abuse not made up stories by parents) as anything I question in relation to sexual abuse will always only ever be from a non legally understood bystander perspective?

Thanks
        
Patronus said
I would suggest you write to her and inform her something to the effect that, regardless of whether it is true or not, you will ensure that that person the allegation is being made against will not have unsupervised access to the child or any access if need be, to ensure you see the child.
I think this is a wonderful idea Leroy.  Even if it would be at a common ground venue maybe writing to the mother might hopefully let you see your children.

Good Luck Leroy :) 

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
The Mother is asking that I have absolutely no contact with my children  and after negotiating contact and having these as orders she has denied access. This mother has constantly denied access.The alleged perpertraitor has NEVER spent time alone with the alleged victim. This is the 6th person in my family to be accused of sexual misconduct with my children since court action for contact with my children but the first to be reported to police. The allegations were made to the police less than a week after negotiated court orders were made but only advised to me after Itenararies were sent. The police will not discuss the allegations at all other than to say they are of a sexual nature and have occurred on several occasions.

My point here is this allegation was made  right in the middle of a case and are being used to deny contact. When these allegations are proven false will there be more fresh allegations perhaps against a different family member. At what point does the court say please stop lying.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
Leroy,

In regard to these accusations that youre ex is slinging around, Provided the police find no base to these claims, youre ex may wish to file an application to the court claiming child abuse. if the police find no evidence of abuse, and I'm sure they will examine every possible avenue of the case. If the ex files with the court, it will give you an opportunity to voice youre evidence or even the other parties lack of evidence.
The court will likely see then that the other party is hindering proceedings and youre relationship with youre children. The courts take a very dim view of people making false accusations, and from what I have read there was a new section ( 177AB ) inserted into the Family Law in 2006 , it states that if a party knowingly made a false allegation or a knowingly false statement ( including in false denial ) not just in sworn evidence but in course of proceedings generally, the court may order that party to pay costs of the other party. So you have this as a form of security if the other party delays contact or hinders proceedings without a reasonable excuse, and if these allegations are not found to be true, you could seek some form of compensation, make up time, or possibly even a contravention order. Am sure this info will be corrected if not entirely correct, but thats how I see youre situation.

Spock
Firstly to CrazyWorld, I think you may be drawing quite a long bow here, particularly from the original post. The situation as I saw it is as follows.

An accusation was made against a family member, we do not know the gender by the way nor should it need to be disclosed to us! This was an alleged past incident and is not currently occurring. It would appear the child has not expressed any wishes in regard to the alleged perpetrator or parent. Also we do not know who told her to stop contact with the father, if indeed this actually occurred. Remember I am talking about her stopping contact with the father not the alleged perpetrator.

If the child was to be left in similar circumstances as the allegation being made then she could "claim" that was sufficient to withhold access. However I understand that this is not the case so gives this claim little weight. Also if the father makes it clear that regardless of what his thoughts are on the allegation he will ensure the person does not have access to the child it is then an arguement of even less weight. Offcourse the way she seems to be going there will be no other family members left to have contact wth.

Spock

What you say about costs is true but unfortunately not as easy as it should be. Still worth keeping in mind.

Leroy.

Make sure you subpoena all the Police records when the matter is finalised. This includes written statement, VATE statements, reports, relevant notes and sections of diaries entires of all investigators, brief of evidence and all reports associated with the investiagtion. Then further - all notes, reports and records of any reports made or contact with Police by the mother. Also subpoena DHS records including all notes, diary entires, phone records and notes of conversations and case files.

You say she has made similar claims. Who to. Make sure you subpoena those too.

There will be very revealing information here and also if she says the Police or DHS told her stop contact and it is not in their files then she has some explaining to do.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
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