If he's abusing the oldest one they should stop contact. I think the only problem you might face there is that so many times in custody disputes parents have been known to make false allegations of child abuse. However, as you have physical evidence and your son's statement you should be able to prove the abuse.
Yea, he has already tried to make this claim but the two youngest ones witnessed him doing it aswell.
My eldest doesn't want to see him anymore, my little girl cries at the idea that she might be forced to see him again. My middle son, unfortunately still wants to see him even though he saw it happen too. He is very angry with his brother for reporting it, and towards me so there is alot of drama with the kids at the moment.
The inititial social worker working with the police has said I can stop contact and they will stand by this in court especially since my son doesn't want anymore contact.
She did however say that since my middle son was still saying he wanted to see his dad, that my ex could actually STILL get this right to see at least him, since what the kid wants is more important.
I am still so fucking baffled at how this system works. We won't let one child come to you because you beat him, but you can take the other, we still trust you?
I would rather have my middle son hate me for awhile until he grew up and learned to understand the complexities of why contact had to cease.
I wouldn't make a false aligation, but no doubt those who do also claim they wouldn't, but seriously, doing this alone, no time off, no shared responsibility, hardly something worth lying for. I would rather have contact with no issues, for my own sanity, than what his actions have led this all to become.