Historically, professionals tended to automatically believe any allegations made by children which puts the victims of parental alienation at risk of domestic abuse and child abuse allegations. In many situations where a child makes an allegation the police and social services become involved, simply their involvement and ongoing investigations appearing to give credibility to the false allegations and often resulting in long periods where no contact takes place which further entrenches the alienation. Simply the existence of an allegation can result in the accused being subject to bail conditions along with family court injunctions which prevent them having any contact with their children. It is therefore crucial that you seek early advice from a solicitor experienced in both family and criminal investigations. Fortunately it is becoming more and more recognised that children can and are sometimes manipulated by their parents which enables those allegations to be challenged.
Simultaneous Family Proceedings And Criminal Investigations
Where serious allegations are made against the non-resident parent about their child this will most likely result in not only family court proceedings but also a police investigation. An allegation can be made by a child, another parent or a third party. In this case it is crucial that you speak to a solicitor with experience of both family and criminal proceedings without delay. Investigations by children’s services and the police will take time, it is not uncommon for a parent to be left in limbo for many months waiting for decisions to be made by the police and CPS in relation to whether to charge that parent with an offence. In the meantime it is likely their contact with their child will be suspended or severely restricted which is likely to damage their relationship in the long term.
Will There Be A Fact Finding?
Where a child or third party has made serious allegations against a parent which have resulted in a criminal investigation, it is likely that a “fact-finding hearing” in the family court will be necessary. It is not necessary to wait to the conclusion of a criminal investigation for this issue to be addressed in the family court.
Where there is a parallel criminal investigation and a family fact-finding hearing is necessary, disclosure will take place between the police investigation and family proceedings. This can assist the family proceedings as the police may have material which the parties do not have in their possession, such as records relating to previous police involvement with the family, previous allegations or investigations by the police or social services which may have resulted in no action being taken.
A judgment made by the Judge at the conclusion of a fact finding hearing which exonerates a parent who has faced allegations can be provided to the police or CPS which will be taken into consideration when they are reviewing whether to prosecute a matter.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.
