Injunction advice

RainbowDreamer

My childrens father made allegations to the police that my then current bf was abusing my children. It became a police matter & went to cps. the case was closed no further action.

Because police were involved at the last court hearing dad was given temp residency & restrictions that my bf was not allowed near the children.

Due to now having sn outcome with police this will be taken off at next court hearing.

Dad is now applying for an injuction so he cannot go near the children ever.
Can he do this?

Sorry for typos i have written this on my phone.

BitterAndTwisted

He can try anything he likes but whether he is likely to succeed is another matter entirely. What evidence, other than some unsubstantiated allegations would he be able to rely on?

Why would it be necessary for this boyfriend to come into contact with your children in any case? He's not the caregiver so he doesn't need to

rpc

He can apply for an injunction to stop spotty aliens living inside his TV if he wants. What matters is whether the judge will grant it.

If the 'then current bf' is no longer on the scene, does it matter much?

If he has no evidence then he won't get his injunction. The police and cps dropping everything suggest there is nothing to go on. "Cos I say so" doesn't go far in court.

If all he says is lies, he will come unstrung one day and the judge will shaft him. Keep being whiter than white until that day comes.

amyloofoo

rpc wrote: »

He can apply for an injunction to stop spotty aliens living inside his TV if he wants. What matters is whether the judge will grant it.

If the 'then current bf' is no longer on the scene, does it matter much?

If he has no evidence then he won't get his injunction. The police and cps dropping everything suggest there is nothing to go on. "Cos I say so" doesn't go far in court.

If all he says is lies, he will come unstrung one day and the judge will shaft him. Keep being whiter than white until that day comes.

^^ This. I know it must be scary to hear the word 'injunction' and think of the possible ramifications; but with what you've said previously about your ex making unsubstantiated ( and false) claims, I don't think you need to be overly worried.

RainbowDreamer

The bf is no longer around the kids due to the situation, but we hoped in the future we may one day be able to try again.

Its frustrating that he can tell lies& dictatw yet gets away with introducing new gfs every few weeks.

FatVonD

RainbowDreamer wrote: »

The bf is no longer around the kids due to the situation, but we hoped in the future we may one day be able to try again.

I understand your frustration but that's exactly why he's wanting the injunction to be forever, he knows you've just got your boyfriend off the scene temporarily.

We can't make the judgement as to whether he truly believes your ex boyfriend shouldn't be around your kids or if he's just mischief making but am I right in thinking that this situation has caused your ex to have custody of your children and he messes you about re access? (I might be getting you mixed up with somebody else?)

It's already gone way too far and you really need to put your kids first and your relationship second. If he then makes the same accusations about any subsequent partners then maybe revisit the situation but your kids need to come first.

RainbowDreamer

Yes your correct. Twice he has refused to let me see the kids or speak to them for a period of 3 weeks or more. The second time was a breach of contact order.

He got temp residency because the judge cannot look in to ins as outs & because police were involved theyve take the option to ensure safety for the children for in case allegations were true.

Im fine not seeing the was bf for however long it takes, but to never be able to see him again i feel is harsh over lies & controlling behaviour.

Id been with him for a year & a half before allegations were made.

thehappybutterfly

Hi RD, nice to hear from you again! Your ex is an idiot and determined to make your life a misery. If the police and CPS are satisfied that your ex's claims of abuse by your bf are unsubstantiated, I don't see that a judge will see fit to grant a lifetime restriction order against someone with no conviction. It's like someone being being found not guilty of murder but the accuser demanding a jail sentence regardless.

Please try and not to rise to the bait. Keep your nose clean, fall in with whatever social services suggest and watch this space. He'll eventually run out of options. It's him wasting his time and money on an expensive solicitor who appears to follow up every suggestion he makes.

Take care x

FatVonD

Thanks for replying, Rainbow Dreamer.

I'm kind of presuming your was boyfriend was living with you if you'd been together that long. Is it not possible for you to just see him when the kids are with their dad? As someone up thread pointed out, if he's not a care giver then it's irrelevant what their dad thinks if he's not around them.


I'm not saying his allegations are true but is it possible that he could really believe that abuse has taken place? If he were just being vindictive wouldn't he have done it at the outset (or did the allegations start once/if your then boyfriend moved in with you?) Looking after kids is hard work and I can't help but think that if it was pure vindictiveness he'd have delivered them back as soon as he found that out!

RainbowDreamer

He makes out he believes but it is def done vindictive. It started because i stood up to him. Something i have never done before.

At first it was reports to ss about me being abusive to my children. Ss saw this was untrue so he then started on my bf. Unfortunately he was able to make our 3 yr old lie to police.

I hadnt lived with my bf because id wanted to take it slow to ensure it waa done right by the children.
I know for sure he hasnt harmed my kids & my eldest crys after all this time necause hes bonded with him & wants to see him, but now cant.

There are many other ways my ex uses to control me, its just hard to prove all of it.

RainbowDreamer

Also allwgations started once my then bf had been spending more time around my children & my eldest was telling his dad the un things they had done.
No bf woyld ever be seen as a father figure to my children, but i think their father dislikes any male being around them even just my friends partners on rare occassions like partys.