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Appeal
#1
Has anyone ever appealed a Fact Finding Decision?


I'm aware the Judge has a wide range of discretion but I genuinely believe I have been punished by the Judge in their decision making by my profession. They have suggested I have manipulated the date of some photographic evidence and even the photographic evidence itself, which quite frankly is absolutely ridiculous.

The Judge also commented during Judgement that they had concluded my ex was telling the truth when she made a comment during her cross-examination that she felt "free" of me and smiled when making the comment. This was prior to my giving evidence as my cross-examination was the next day.

The Judge also made decisions against me despite my providing evidence I was not at the location of the allegation, therefore could not possibly have committed the allegation.

The Judge would have required to have a level of understanding of the internet and social media to come to a fair decision but admitted they do not understand how to use social media platforms so could not have possibly come to an educated decision to 'prove' a fact.
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#2
It appears that there may be grounds to appeal if the evidence that you had provided was side tracked.
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#3
Yep well there's that & the fact the Judge said the moment he knew she was telling the truth was when she told the Judge she felt "free" of me now we don't see each other - the problem with that statement, which he made when summing up, is that she made that statement before She or I had been cross-examined!!
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#4
Jono

I was reading through Practice Direction 12J and it says in there (Paragraph 31)

Where the court has made findings of fact on disputed allegations, any subsequent hearing in the proceedings should be conducted by the same judge, or at least the same chairperson of the justices. Exceptions may be made only where observing this requirement would result in delay to the planned timetable and the judge or chairperson is satisfied, for reasons which must be recorded in writing, that the detriment to the welfare of the child would outweigh the detriment to the fair trial of the proceedings.

I was just thinking that if you do lodge an appeal, then will this mean that you'd still get the same judge?
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#5
(05-08-2018, 09:41 AM)Kate Wrote: I was just thinking that if you do lodge an appeal, then will this mean that you'd still get the same judge?

Yes, I believe that's the case, I'm waiting to hear back from my Solicitors. 
Seems more than a little corrupt doesn't it?
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