VIC False Sexual Assault Allegations on a Father - What to Do?

Discussion in 'Family Law Forum' started by NEEMA, 27 July 2017.

  1. NEEMA

    NEEMA Well-Known Member

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    Hi

    Since I went to court to have access to my children lots have been changed. I have been witch hunted by my ex...

    1) Intervention Orders on Domestic Violence
    2) My ex has went and made false allegations of Physical Assault
    3) Breach of IVO's on multiple occasions

    For the above I have been contesting. Police has dropped breach of IVO's. I'm left with contesting the physical assault.

    She also went to DHS and made false allegations of sexually assaulting my own son. I had a interview with them, it's quite evident they are taking the mother's side. I didn't expect she would go so low, but she crossed every lowest bar any human being can go.

    This is the worst allegation that any father can face. DHS has given letter to my ex, in there recommendation to court they have reserved my right as a father to contact my children. In a way they have taken away my right as a father. Currently there is a police investigation going on sexual abuse by Victorian Child abuse investigation team.

    It's unbelievable the kinds of dirty tricks people can play to alienate a father from the life of my children. Well I'm not going any where. If I have to face a tsunami for my children so be it. As a father I will stand and face what ever comes my way.


    I have a long battle ahead of me. I have few questions,

    1) How can I clear my name? I'm ready for a Polygraph test. Can we ask the courts to order Polygraph test both for me and my ex?

    2) I want to challenge the DHS decision and their internal Investigation. It's totally biased. Also I can say for sure my son is being coached by the mother and the social workers,

    3) Can court order a Psychologist assessment, so the truth can come out?

    4) What will be the punishment for my ex making these false allegations?

    I want to hear from people who are in similar situation. What best can be done? I really appreciate any help.

    As a father I want to clear my name of these heinous allegations any father can face. At this point in time I haven't seen my children, I need your help please. I appreciate your assistance.

    Thank you so much for your time.

    Best Regards,
     
  2. AllForHer

    AllForHer Well-Known Member

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    Remind me, how old is your boy?
     
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  3. sammy01

    sammy01 Well-Known Member

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    The system sucks. There will be no formal punishment for the false accusations. But the accusations will be tested in court. Forget DHS, they are useless... But the courts will determine that you are not a risk to the kid. The ex's credibility will be shot and that should help your case...
     
  4. NEEMA

    NEEMA Well-Known Member

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    He is now 6 years old.
     
  5. NEEMA

    NEEMA Well-Known Member

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    It's unbelievable. I'm going through so much torture with these Domestic Violence and false sexual allegations. At the end of it there is no consequence. It's unbelievable.

    Thanks Sammy for your support.
     
  6. sammy01

    sammy01 Well-Known Member

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    Ok so the child is 6... Look play this stupid game called family law. Play it well and the kid could wind up living with you and not spending much time with mum...

    I've read lots of cases where one parent has maintained that the other parent is abusive. However, when tested by the court, there was no evidence of abuse so the accusing parent lost all credibility... And because they maintained their position that the child should not spend time with the accused parent, the courts decided it was best to change the parenting around...

    It is a tough slog, but be patient
     
  7. NEEMA

    NEEMA Well-Known Member

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    Thanks Sammy, that gives me some hope. I will be patient, hopefully all comes out soon.
     
  8. AllForHer

    AllForHer Well-Known Member

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    I really encourage you to have a read through some cases on Austlii where false allegations of sexual abuse have been made so you can get an idea of the process that takes place, and see how the Court got to determining that the allegations were fabricated. Here's a few I found after a very quick search:

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/460.html

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/405.html

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/346.html

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/294.html

    This one is actually the story of one of the forum users here, who was the dad in this case: Prentice & Wilfred [2017] FamCA 290 (11 May 2017)

    And just as an FYI, here's some where the allegations were found to be true:

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/456.html

    http://www.austlii.edu.au/au/cases/cth/FamCA/2017/380.html

    So, your son is going to have to speak to a lot of very intimidating authorities while this matter plays out, and being six years of age, the likelihood of his facts being both specific and consistent across all interviews is unlikely if the allegations are false. He will be interviewed by DHS, but also by the police, a child psychologist and a family report writer. All will be looking for the markers that indicate the allegations are true, and all will be looking for the markers that indicate the child has been coached. Even if he repeats the same story over and over again, if it sounds like he's reading from a script, the professionals will be suspicious.

    After this process is all over and the Family Court is drawing its own conclusions about the whole debacle, if mum remains adamant that the child has been abused, even in the face of all the evidence to the contrary, then this is a very big advantage for you because it means you have evidence that mum is going to persevere with telling the child he was sexually abused, which the Court often finds poses an insurmountable risk to the child's mental well-being, resulting in a reversal of residency. Not always, but I would say often enough for it to be noteworthy.

    Your job now, however, is to stay calm, level-headed and persevere. Don't blame the Court or the police or DHS or any of those groups. The only person responsible for the current situation is your ex, but if you can set her behaviour aside as just being vindictive and keep your focus on your son and his best interests, you stand a much greater chance of coming away from these allegations unscathed.
     
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  9. NEEMA

    NEEMA Well-Known Member

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    Thank you so much for your reply. It is unfortunate my son has to go through all these intimidating people. From all these cases I can draw one conclusion. It is complex, stressful and long time process which will take at least 4-6 years meeting multiple specialists, court dates etc. I want the truth to come out, I once again thank you so much for taking your time to provide me with the information, It means so much to me. I'm much obliged for your support.

    Best Regards,

    Neem
     
  10. NEEMA

    NEEMA Well-Known Member

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    Hi, just an update from my last post.

    My family case has been moved to Megillan list given the serious nature of the allegations. DHS report to Judge reflects my ex's allegations. In any case I will be challenging all the allegations.

    Still I dint get supervised access either. I will try in my next court date when even I will have. Had success with IVO Breach Criminal cases in magistrate court. On the path to contest of IVO soon. Thank you for your support.

    Neem
     
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