Dealing with unfounded allegations against you can be emotionally draining, particularly if you feel that you have to jump through hopes to refute them. This is where the law falls down as many ex partners are left to prove their innocence whilst the ex partner rarely faces prosecution for making up lies and wasting the court's time. This is the only part of the legal system where a person is considered guilty until they can prove their innocence!
There are many organisations campaigning for a change in the law, particularly for fathers who are often discriminated against by the current system. See our Fathers Rights for a list of such organisations. In the meantime there are practical steps you can take to minimise the damage. Remember that the onus is on you to disprove the allegations, not on your partner to prove them.
- Collect evidence of your good character. Show how you treated your children during the marriage and draw attention to their statements to the Cafcass Officer if they still want to see you.
- Suggest that your ex is still upset following the divorce or has other motives e.g. a new partner, to stop you seeing the children. However, do not make unfounded allegations of your own as these may backfire and simply show you to be the ex with a grudge.
- Consider taking on voluntary work with children or young people which will involve a police check and show that the appropriate organisations have considered you fit to look after children.
- Resist attempts by the court or Cafcass Officer to suggest supervised contact until any reports have been prepared. See our section on Contact for further information.
- Consider applying for residency of your children on the grounds that you can offer the children unrestricted access to two parents. Make sure that you consider it seriously and see our section on Residency
- Get counselling to help you through the trauma of dealing with unfounded allegations. This will help you to keep a clear head and enable you to deal with your case more effectively.