Hi

[nor73]

I have been falsely accused of abusing my two children (an 8 year old daughter and a 5 year old son).

I was arrested, and bailed pending further enquiries, on Friday 13th January 2012. I am due to face a bail call back on the 9th March 2012.

The allegation is the latest, and most serious, in a long line of false allegations that have arisen since my seperation, and subsequent divorce, from the mother of my children 3 years ago.

As a background to the case I have been denied access, on numerous occasions, to see my children always on the basis of, "the children do not want to see you." I commenced enforcement proceedings, of a contact order, and at the same time my ex-wife commenced proceedings for residency. These proceedings were underway and a CAFCASS report had been commisioned and a judgement made that both parents should attend a Parent Information Programme.

I firmly believe that the allegations have been made as my ex-wife believed that there was a danger I would be succesful in obtaining an enforcement and, subsequentally, go on to obtain shared residency.

The form of abuse pertains to me masterbating in front of the children.

My ex-wife is a clinical psychologist and has clearly coached the children.

I am currently in a position of "limbo" as I feel my ex-wife should also be under investigation as I am sure that a search of her computer would demonstrate her commitment to falsely accusing me but I am unsure how to progress with such lines of enquiry.

Thanks very much for taking the time to read this post.

[Casehardened]

The allegation is the latest, and most serious, in a long line of false allegations that have arisen since my seperation, and subsequent divorce, from the mother of my children 3 years ago.


I firmly believe that the allegations have been made as my ex-wife believed that there was a danger I would be succesful in obtaining an enforcement and, subsequentally, go on to obtain shared residency.

Hi and welcome to the forum, but sorry for the circumstances that have brought you here.

If you get a chance to look at a few other threads you will see that this situation is not entirely unusual; the proceedings to establish shared access to the children are, of necessity, put on hold, while the allegation is investigated.

This gives a possible motive for making the allegation as a resultant investigation would at worst, delay your access to your children, or at best, scupper it entirely until they reach adulthood.

Were the previous false allegations investigated by the police and then NFA'd. If so, these will give you a powerful defence. If they were investigated I would make the police aware of them, assuming they haven't already mentioned them in interview. (If they weren't investigated then don't mention them as they may well open cases on these as well!)

If you read a few other threads you will note the importance of instructing a solicitor experienced in defending false allegations; if you haven't already done this, if you post up the county in which the alleged offences took place, you may get some recommendations from other members.

Incidentally, to give you some comfort, while I'm certainly not a clinical psychologist, for various reasons (which I'd better not go into here) the allegations do not ring true, so hopefully the CPS will come to the same conclusion!

[Saffron]

Excellent advice from LS. I can't add anything to it but wanted to say Welcome

[Rights Fighter]

Hi Nor73

I have sent you an email after responding to your query on "the other site".

This sounds like a typical false allegation case which has arisen from a separation and access/custody battle. Until you write more I can't really comment further.

[nor73]

Thanks for the comments

Thank you all for the comments. They have managed to settle, slightly, a currently very troubled mind.

None, of the previous allegations were anywhere near as serious and were merely, in my view, designed to force the civil proceedings off track. They were things such as I do not support the mother in her attempts to stop one of my children using a dummy and such like. Therefore, the police have never had any involvement.

After 3 years it was fairly clear that the courts were tiring of the constant accusations of the mother and had started to realise that this wasn't a case of, "you are both as bad as each other," and were about to find in my favour.

Hence, I believe, my ex felt a need to "ramp" up the allegations.

Once again thanks for your help and any other comments would be much welcomed.

[RFLH]

Hi Nor, from what you say then it seems you are right in your assumptions.

She, of all people, should realise what harm she's doing - a nasty and cruel woman.

[Casehardened]

After 3 years it was fairly clear that the courts were tiring of the constant accusations of the mother and had started to realise that this wasn't a case of, "you are both as bad as each other," and were about to find in my favour.

If you've had a three year history of contested access/ contact orders then I feel this establishes irreconcilable differences between the parties and provides a huge motive for upping the stakes.

Fortunately you have resisted the temptation to make a false accusation against her; however she hasn't. Interestingly enough she has chosen a allegation which cannot be disproved by a physical examination of the children (presumably this has happened once she went to the police) however this means that the only evidence will be from the children's interview,

You know them, so you'd probably have a better idea how they would cope with this. (their mother would not be able to be present in the interview room)

[nor73]

An update

Hi,

Whilst I haven't been posting I have been constantly reading the forum.

Last week the police confirmed that they were refusing to press charges (I know that there was no corroborating evidence - as I never
committed the offence but this was stil a great releif).

Just out of interest is a refusal to charge the same as NFA'd?

Also, I would just like to send my best wishes to anyone who finds theirselves the subject of any similar false allegation. I guess I've been lucky as the allegation fell at the first hurdle - I can only imagine how awful it must be for matters to go even further.

Thanks for taking the time to read

PS I can also now recommend the benefits of using a good solicitor. My solicitor was first class.

[Casehardened]

Hi again,

What a relief for you though I guess that this doesn't solve the underlying issue of the custody proceedings.

Just out of interest is a refusal to charge the same as NFA'd?

As you were being bailed you should receive a letter confirming that you no longer required to answer bail which will effectively be the NFA notification (though it seems different forces each use their own form of wording for these)

Thanks for letting us know the outcome; it's so helpful for those members who are still going through the mill.

[Faith]

Hi

I am pleased that the charges against you have been dropped. If you don't receive it in the next few days, you must request this in writing.

Be prepared for some raw feelings to resurface. This has been a nasty attack on you and there is a recovery process to go through.
Take Care

[felix]

There is ambiguity and a lack on consistency in the wording used. I would love a clear legally trained view of the difference between:

1. NFA
2. Decision not to proceed
3. Refusal to charge

I would guess from the use of English that 3. is stronger than 2. is stronger than 1. in the strength of the police / CPS view of innocence?

But how would I as a layman know?