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How do I take action against my ex when she is making false accusations.

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xpuser8334 | 08:54 Wed 13th Jun 2012 | Law
2 Answers
Please help.... I do not know where to turn now :-(

My ex has not let me see my kids for almost a year now, and after a messy divorce, losing my home and having to change jobs twice< i am now in a position to take her to court for access.
The problem.......
The court have asked me to server the papers upon her for the court hearing. (i didn't expect that)
My Legal representation suggested getting the papers posted to her 17days prior to the court case.... How ever......
Cafcass wrote to the both of us yesterday PRIOR to the papers being sent out.. So...
I got into my car
Parked a little distance away from her house
put my phone in the windscreen and hit "Video record"
I got out of the car...
delivered the papers to her new partner
walked away..
Straight forward..... no....
after a 45mile drive back to where I now live, and 1hr 30 after the papers were delivered, I received a phone call from the police saying that I have threated to kill them all lastnight.

I'm wanting to see my kids, why on earth would I threaten them.
the Video CLEARLY shows me delivering the papers and walking back to the car...
I was nervous about doing this in the first place, never mind in a mood to threaten.
The police told me that they do not need a copy of the video and no action is to be taken against me, but.... this is yet another case of false allegations to stop me seeing the kids.....
What can I do now... the police will not act on my "innocence" nor will they look at the evidence to show it was a waste of their time.

Any helpful advice is appreciated.
I now live in the Derbyshire (bordering Nottingham) area, and she lives in Sheffield.

Thanks for taking time to read this.

W
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The police will probably not be interested as they will consider your situation to be civil law, they clearly do not believe the threat allegations and it would appear there have been previous false allegations. Make sure your solicitor is aware of the position and have each allegation reported to the court. Someone who causes wasteful employment of the police by making a false report commits the offence of wasting police time, but you may have difficulty in making the police take action.
Have the court granted you a contact order to see your children? If they have and it is dated after December 2008 it will contain a warning notice, if you are getting constant excuses from the resident parent over why you may not see your children report each occasion to the court who are becoming more robust with continual excuses from the resident parent.
couldn't have put it better myself Tony. xpuser - I really hope everything sorts itself out for you soon. Keep the video footage just in case something gets said in court about threats etc, and let your Solicitor know. Good luck xxxxx

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