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Author Topic: Finding of fact on HIV  (Read 849 times)

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Offline gummage

  • Member
  • Posts: 8
Finding of fact on HIV
« on: February 26, 2012, 04:14:45 PM »
I was diagnosed in 2006, as was Mrx X. We then had two lovely boys together - which would never have come if we did not have it, so for me HIV is bad but also responsible for my kids !

Anyhow, I split with their mum in 2009. Now mother is stopping me seeing the kids. I have to now go for a finding of fact relating to the kids in the family courts.

AND, the judge has allowed now a finding of fact to be done of if I infected her with the HIV virus. I do not have an ex HIV partner, all tested negative. She claims I was sleeping with prostitutes with no condoms etc - which I did not.

I am not sure what to do. I cannot defend the accusation other than say it is not true.

What the hell do I do in court, family courts have lower guilty threshold so to speak ? Anyone know the legal attitude in this ?

It cannot be proved either way, but they use this to make me look bad in access to my kids !

Offline Hellraiser

  • Member
  • Posts: 4,136
  • Semi-misanthropic
Re: Finding of fact on HIV
« Reply #1 on: February 26, 2012, 04:40:43 PM »
Couldn't you just as easily say she infected you, rendering the argument moot?

Offline gummage

  • Member
  • Posts: 8
Re: Finding of fact on HIV
« Reply #2 on: February 26, 2012, 05:05:03 PM »
That's my point mate ! But it is done on the basis of probability - which is 50/50. Just looking for anything to use that makes it a stupid thing to try to find a finding of fact on. Thanks anyway

Offline skeebo1969

  • Member
  • Posts: 5,699
Re: Finding of fact on HIV
« Reply #3 on: February 26, 2012, 05:12:04 PM »


   Stand your ground and counter the claim.  While she may make it difficult for you in the beginning, in the end it should work itself out.  They can't keep the kids from you, especially over something like this.
I despise the song Love is in the Air, you should too.

Offline spacebarsux

  • Member
  • Posts: 1,350
  • Survival of the Fittest
Re: Finding of fact on HIV
« Reply #4 on: February 28, 2012, 05:43:51 AM »
Hire a good matrimonial disputes lawyer.
Infected-  2005 or early 2006; Diagnosed- Jan 28th, 2011; Feb '11- CD4 754 @34%, VL- 39K; July '11- CD4 907@26%,  VL-81K; Feb '12- CD4 713 @31%, VL- 41K, Nov '12- CD4- 827@31%

Offline Matty the Damned

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  • Posts: 12,198
  • Ninja Please
Re: Finding of fact on HIV
« Reply #5 on: February 28, 2012, 05:46:40 AM »
1. Don't seek legal advice on an internet forum.
2. Get a lawyer. Seriously, without a lawyer you're fucked.
3. Welcome to the forums! :)

MtD

 


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