My child’s partner is making allegations about me, what happens next?

My child’s partner is making allegations about me, what happens next?

When a couple decides to separate or divorce, there will almost invariably be additional issues where children are involved. It is likely that both of you will have different views as to who your children should live with and spend time with. Sometimes, one person may allege that the other parent has or might harm a child, and therefore they may not consider it suitable for that parent to spend time with the child. 

If your partner alleges that you are a risk to your child, the first step would be for your solicitor to contact them or their legal representative to try to arrange for you to spend time with them in a way that mitigates potential risk to the child. For example, this could include contact being supervised by an agreed third party or in a contact centre, or you providing certain assurances to your ex-partner to assuage their worries.

If contact cannot be agreed, you must attempt mediation to try to resolve the issue. A mediator is a qualified impartial professional who helps parents to try to achieve a child-focused solution.

If mediation is unsuccessful, you will need to make an application to the court to try to determine the issue. When you do so, your ex-partner may allege that you have or might harm your child. 

The court will then consider these allegations, usually at your first hearing. If the court believes that, if true and when taken at their highest, the allegations would be a bar to contact between you and the child, a fact-finding hearing may be listed. This is a contested hearing, sometimes taking place over several days, where both parties will be ‘cross-examined’ by the other person’s legal representative. At the end, the Judge will say whether they consider each allegation to be true or not. This is known as ‘making a finding’. 

If findings are not made against you, usually your solicitor would then seek for contact between you and your child to recommence immediately. In some circumstances, for example if a long time has elapsed since you last spent time with your child, it may be appropriate for the first few sessions to take place in a supervised setting.

If findings are made against you, the next steps will depend on the seriousness of them. It may be that contact has to remain supervised, or that you must undertake further work, such as a parenting course. In rare circumstances, such as when a finding is of a very serious nature has been made, the court may order that you only have indirect contact with your child, such as only sending them letters or cards.

At Manak Solicitors, we are here to guide you through this process. We have extensive experience dealing with fact-finding hearings, acting for parties who have made allegations and if a party is subjected to allegations. We pride ourselves on representing clients in such matters in a straightforward and effective manner. 

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