NCP past

[mammaj]

I am wondering if past sexual abuse that was never reported to the authorities can be brought up in a case, or i sit merely hearsay? This is something that happened, familymembers on his side know, the victim herself confided in me many years ago, she has just recently told a good number of people about it including my best friend.

Also, can a prior assault conviction be brought up. His father had him arrested for assault about 5 years ago and took him to court he was convicted of simple assault.

He has also punched me quite a few times while we were married, I never went to the police though. One certain incident a family member had to be called at 5 am to come get him out of the house, he had given me a black eye while my then 2 1/2 and 6 mo old were in the bed with me.

 

[VeronicaGia]

You've known about it for years but you still married him? You have no proof, it is hearsay, the statute of limitations is probably long gone and you will have one heck of a time explaining to a judge how this is suddenly relevant.

 

[casa]

I am wondering if past sexual abuse that was never reported to the authorities can be brought up in a case, or i sit merely hearsay? This is something that happened, familymembers on his side know, the victim herself confided in me many years ago, she has just recently told a good number of people about it including my best friend.

Also, can a prior assault conviction be brought up. His father had him arrested for assault about 5 years ago and took him to court he was convicted of simple assault.

He has also punched me quite a few times while we were married, I never went to the police though. One certain incident a family member had to be called at 5 am to come get him out of the house, he had given me a black eye while my then 2 1/2 and 6 mo old were in the bed with me.

His violence towards you & his past conviction are probably not relevant enough to change a custody/visitation order~ Since it didn't bother you enough to leave him...therefore demonstrating you believed you & the children were in an acceptable environment with him.

The recent disclosure re; family member of his...could be relevant depending on how reliable she is, how long ago it happened, and of course what happened.

 

[snostar]

The recent disclosure re; family member of his...could be relevant depending on how reliable she is, how long ago it happened,

The alledged victim confided in the OP many years ago. Since she remained in home, and it is still just an allegation it will not hold much weight.

The assault conviction can be brought up, but since it is 5 years old it will not hold much weight either in court.

 

[casa]

The alledged victim confided in the OP many years ago. Since she remained in home, and it is still just an allegation it will not hold much weight.

The assault conviction can be brought up, but since it is 5 years old it will not hold much weight either in court.

I agree about the conviction. And, didn't OP say she only recently heard of the family member? (via her friend)? And it would still depend on what happened and how long ago it was- exactly.

 

[mammaj]

It was a very long time ago, the sexual abuse against his own sister took place while my ex was a teenager whe he was about 14 until 17 or 18. His sister is 6 years younger than he is. I am just asking these questions because of certain threats from him to try to gain custody for himself of my 2 children. My lawyer is going to file contempt of court, he is in contempt on many issues, we are going to ask for a guardian ad litem as well. I'm just asking what can and cannot be broought up, what might be frowned up, etc. I want my children to see their father, have a relationship with him but not to the extent of jeopardizing their safety.

Thank you all for your responses.

 

[casa]

It was a very long time ago, the sexual abuse against his own sister took place while my ex was a teenager whe he was about 14 until 17 or 18. His sister is 6 years younger than he is. I am just asking these questions because of certain threats from him to try to gain custody for himself of my 2 children. My lawyer is going to file contempt of court, he is in contempt on many issues, we are going to ask for a guardian ad litem as well. I'm just asking what can and cannot be broought up, what might be frowned up, etc. I want my children to see their father, have a relationship with him but not to the extent of jeopardizing their safety.

Thank you all for your responses.

Well you are focusing on the wrong issues. You need to think about whether he is a fit parent. You haven't said anything that would indicate the children are in any danger with him. Past convictions you already forgave don't seem to pressing.