Are you being accused of something serious by someone you once loved? We completely understand how much of a shock this can be. At McKenzie Picave, we are here to tell you that you are not alone.
We discussed false allegations in family court on the latest episode of our podcast, That Family Law Guy: Unfiltered.
In the episode, a parent spoke about their experience with false, serious accusations while trying to see their children again. We are going to discuss how the family court handles these kinds of cases.
What Happens When Allegations Are Made in the Family Court?
An allegation describes a claim that someone has done something wrong. We do want you to know that an allegation is not automatically taken as a fact; it must be supported by evidence.
In the episode, we found that the allegations that came up in court were ones that had already been investigated by the police. The parent described how they felt the same painful feelings returning.
For many people going through child arrangement proceedings, this is where the process becomes the most difficult. You are asked to answer allegations whilst still waiting to see your children.
What is a Fact-Finding Hearing?
A fact-finding hearing is where a judge decides whether the allegations are true. This takes place before further decisions are made about your children.
Two terms matter here:
- Balance of Probabilities – the measure the Family Court uses to decide whether something is true.
- Cross-examination – this is where the other party will question a witness to put their evidence to the test.
What If You Believe the Allegations Against You Are Untrue?
Often, we hear from people in this situation who fear that only one side of the story is being listened to. But please rest assured that the court will decide the outcome based on what the evidence shows.
In the episode, the guest:
- Answered each allegation individually
- Supported each response with evidence
- Remained calm, even when it was difficult
- Let the process play out rather than reacting to every claim
If you are in the position where you believe that false allegations have been made, we recommend approaching the process with a calm, evidence-led approach; this is much easier for the court to follow.
My Ex Is Stopping Me From Seeing Our Children – What Can I Do?
The parent in the episode explained that their only focus throughout the process was seeing their children again. The route that they had to take for this was to go through Family Court.
They explained that the process felt long and the wait between hearings was extremely difficult. They also explained how worried they were as the costs added up; this is a concern we hear from many of our clients.
At McKenzie Picave, our McKenzie Friend support enables litigants in person to understand each stage and correctly prepare for it. If you are going through something like this, we recommend taking a look at our child arrangements page
Keep Your Child Out of the Conflict
When parents are separating, this can feel like the end of the world to your child. Their home is changing, and with that, so does their routine. It can be made even harder when there is conflict between parents.
One of the most important things throughout this process is that you never use your child to carry messages or as a weapon against the other parent. Often, when children are put in the middle of an adult argument, they stop being children and stop being able to speak freely. Instead, they turn to having to manage their parents, something that no child should ever have to do.
Your child should still feel they can love both parents. While your ex-partner may no longer be someone you love, they are still someone your child loves.
Get Support Today
We recognise how difficult it is to go through allegations whilst fighting to see your children. At McKenzie Picave, we will always explain the process in a way that makes sense to you and support you through every stage.
Talk to our friendly team today; we are here to help.
