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Hi,
I have read quite a few posts now and it would seem that no ones partner has been allowed to live at the family home post charge. Is there anyone who has managed to negotiate a partners return.
Myhusband has not had any contact since charge, CS are very slow to give me any information. As our case has been going on for 2 years I fail to understand why I am suddenly judged as not being able to safeguard my child. One day he has full rights and then as soon as he is charged he is told to leave. Do we not live in a civilisation where you are innocent until proven guilty?
Cornish Tea
I have read quite a few posts now and it would seem that no ones partner has been allowed to live at the family home post charge. Is there anyone who has managed to negotiate a partners return.
Myhusband has not had any contact since charge, CS are very slow to give me any information. As our case has been going on for 2 years I fail to understand why I am suddenly judged as not being able to safeguard my child. One day he has full rights and then as soon as he is charged he is told to leave. Do we not live in a civilisation where you are innocent until proven guilty?
Cornish Tea
Hi Cornish Tea
welcome to the world which doesn’t make sense! CS work on different criteria than criminal justice. So they work on “balance of probabilities “ rather then “beyond reasonable doubt”. So they would probably argue that now your partner has been charged then it is more likely he has done what he is accused of as there must be enough evidence for CPS to go ahead. Therefore they might argue their risk assessment of the situation has changed as they feel your partner is a greater risk than before as they have more “evidence” that he has done what he is accused of.
Remember CS have no legal power to stop your partner doing anything. It is you they are judging (ironically ), not him. Do you have a family solicitor involved (not a criminal one)? You could consider speaking to one, but you won’t get legal aid for it and they don’t come cheap. They could advise you on what to do. I would argue that stopping the children from having contact with their father (if they want it) is detrimental to their wellbeing and you should be able to argue the case for supervised contact. I don’t know how old your children are? And I can’t remember what your partner is accused of and whether pleading guilty or not? All of these things affect how CS behave.
welcome to the world which doesn’t make sense! CS work on different criteria than criminal justice. So they work on “balance of probabilities “ rather then “beyond reasonable doubt”. So they would probably argue that now your partner has been charged then it is more likely he has done what he is accused of as there must be enough evidence for CPS to go ahead. Therefore they might argue their risk assessment of the situation has changed as they feel your partner is a greater risk than before as they have more “evidence” that he has done what he is accused of.
Remember CS have no legal power to stop your partner doing anything. It is you they are judging (ironically ), not him. Do you have a family solicitor involved (not a criminal one)? You could consider speaking to one, but you won’t get legal aid for it and they don’t come cheap. They could advise you on what to do. I would argue that stopping the children from having contact with their father (if they want it) is detrimental to their wellbeing and you should be able to argue the case for supervised contact. I don’t know how old your children are? And I can’t remember what your partner is accused of and whether pleading guilty or not? All of these things affect how CS behave.