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Guide to Court 3: False Allegations, Cafcass & Representing Yourself

By: Abigail Taylor - Updated: 17 May 2018 | comments*Discuss
 
Guide Court False Allegations Contact

Here is part 3 of our Guide to Court. This part of the guide explains: how to handle false allegations and perjury; dealing with cafcass and representing yourself in court. There are also three sample letters for you to use as templates. You can download the entire guide (see below) or you can read it here it on the site.

If you haven't already done so why not read part 1 - the 1st hearings, court forms and writing a court statement

and

part 2 - constructing a skeleton argument and using character references

Perjury or False Allegations

Perjury is committed where a person is proven to have lied in court. The elements necessary for a conviction of perjury are:
  • Deliberate lie
  • Told whilst on oath
  • Proven to be a lie

Whilst lying on oath is probably most common in divorce proceedings where emotions are often running high, these are the cases in which it can be the most difficult to prove, as it is essentially one person's word against the other.

Where perjury is proved, the penalties can be high and even include short prison sentences. However those committing perjury, in divorce proceedings particularly, are not always prosecuted due to the difficulty in proving lies.

How to deal with perjury during a trial

There are no particular rules on how to deal with a witness who you know has just lied under oath. However there is a "trick" that most barristers use:
  • Check what the witness has just said with them
  • Ask for more specific details about what they have just said (allowing them to dig themselves into a deeper hole)
  • Point out the conflicting witness statement or evidence that proves they are lying
  • Directly point out one must be incorrect and ask which
  • Suggest to witness that they are now deliberately misleading the court (don't be surprised if they deny or don't answer; you're point has been made to the court)

For Example:

Sue says to court that John never helped out with the children or around the house.

John's barrister: You said that John never helped out with the children or around the house isn't that correct?
Sue: Yes
Barrister: So you had to pick up the children every day from school isn't that right?
Sue: Yes
Barrister: You cooked tea for the children every night didn't you?
Sue: Yes
(etc. - don't overdo the confirmation questions - 3 or 4 will do)
Barrister: Can you look at this statement please. What is this document?
Sue: My witness statement
Barrister: This statement was made by you wasn't it?
Sue: Yes
Barrister: That's your signature on the last page isn't it?
Sue: Yes
Barrister: Please can you read the last paragraph to the court
Sue: "I confirm that this statement is true to the best of my knowledge and belief"
Barrister: So everything you have written in this statement is true?
Sue: Yes
Barrister: Please read the first line of the fifth paragraph
Sue: "I usually finished work at 6:30pm and didn't get home until 8pm on the bus as John wouldn't let me have the car."
Barrister: If you didn't get home until 8pm, how did you always pick the children up from school and cook their tea when they finish school at 3pm?
Sue: (Her response is really irrelevant)
Barrister: I suggest Mrs Smith that you are in fact deliberately trying to mislead the court today aren't you?
Sue: (Again her response is irrelevant - you have shown the court that she has lied and discredited her whole evidence)

The general rule to allow them to say enough that they can't say it was a simple misunderstanding of the question. (A misunderstanding won't discredit the rest of their evidence.) This technique is colloquially called "give them enough rope to hang themselves".

Dealing with Cafcass

Cafcass are the Child And Family Court Advisory and Support Service. They are experienced in dealing with matters involving children, from care proceedings to residence disputes.

You will come across Cafcass if you apply to the court for any order involving your children. Essentially a Cafcass officer will report to the court advising them on what is best for the children (which may not necessarily be the position you are asking the court to impose).

Usually Cafcass will want to meet with you to discuss the application made. It will always be best for you to cooperate with Cafcass and arrange a meeting. Remember that the court will very rarely pass a ruling on an application that is against the recommendations of the Cafcass officer. The meeting is therefore your chance to openly explain your side of the matter to the Cafcass officer and discuss possible alternative arrangements and the impact these would have on you.

Tips for your meeting / discussions with Cafcass

  • Be honest with the officer (they are highly experienced and trained to spot lies or inconsistencies)
  • Be open and answer questions fully (they are not asking about your day-to-day activities to judge you but to get a fuller picture of your family life. Therefore if you go clubbing once a week while your mother babysits the children, say so)
  • Don't be afraid to disagree with the officer (if they suggest a solution which you don't think would work, such as would involve any unreasonable amount of travelling on your part, explain this to them - It may mean they don't suggest this as an agreeable solution to the court)
  • Don't be embarrassed (the officer will have heard every possible scenario before and I can assure you that there will always be situations worse than yours!)

Representing yourself in court

On TV you often see a dark wooden courtroom with a judge sitting high up behind a bench, lots of barristers all wearing black gowns and wigs, someone at the back behind a glass screen, witnesses giving evidence from their special wooden box, and journalists hurriedly writing down every word said.

This is a criminal court - NOT family court.

Family court is much more informal. There will still be a judge sitting at the front behind a bench, but no one wearing wigs and gowns and there are rarely any media present.

Media and the family court

Family court used to conduct all its work in private. However this led to a lack of public confidence in the court system and so family court proceedings are now open to the public. There are lots of restrictions on journalists in these cases though. For example they are not allowed to publish any details that would identify any child involved in court proceedings. Some proceedings such as those involving domestic abuse are often still held in private.

Consider however, the public interest in knowing your family's contact or residence arrangements for your children. A good test is whether a stranger on the next street would care about what your arrangements are. No? Then it is unlikely that a newspaper will pay a journalist to report on your particular case. (Contrary to common belief even many murder cases go unreported in the media as there are just too many cases and unless you're famous or the case involves something horrific such as extremely serious child abuse or mass murder, often there is no point in publishing it as it doesn't sell papers.)

Partial representation

When in court, you will have to stand up and tell the judge your case. You will also have to answer any questions about your case from both the other side and the judge. The judge will stop your ex-partner interrupting you, but can't stop them pulling faces etc which can be off-putting.

If you are happy to do everything yourself but feel a bit anxious about this part, you can opt to just instruct counsel (a solicitor advocate or barrister) to represent you for the final hearing. This will severally reduce your costs but may relieve some of the worry for you.

Free help and advice

There are ways to get help with your case without paying for it however so you're not on your own!

You can get legal advice and help preparing your case (including the points you want to say in court) at your local Citizen's Advice Bureau. They sometimes have walk-in clinics but often allow you to make appointments to discuss matters too. You will still have to speak for yourself in court, but if what you say is pre-planned, it isn't as hard.

You may also be able to get representation in court via Legal Aid if you have a low income and so can't afford to hire a lawyer privately. This may also exempt you from paying court fees to lodge your case.

Letter Template: Requesting a character reference

[YOUR ADDRESS]
[DATE]

Dear [name],

I am writing to ask you to give me a character reference.

I am going to the family courts in [PLACE]. This is in relation to a [contact / residence / parental responsibility] application. This character reference may be considered by the court to help my case.

Below are some tips which may help you in writing the reference.

Useful tips for what referees should include in your reference:

  • Address to the judge directly (if known) or to the relevant court
  • State how you know the person you are writing the reference for and how long you have known them
  • Any positive attributes you can attest to
  • Any activities of the person you wish to draw to the court's attention
  • The likely effect on the person of the order being or not being granted
  • Only state the truth (it is an offence to mislead the court and will likely damage the person's case)
  • Sign and date your reference
  • If possible put the reference on letter-headed paper

Please return the reference to me at the above address so that I can forward it with the relevant papers to the court.

Thank you in advance for taking the time to help me in this matter.

Yours sincerely,

[SIGNATURE][YOUR NAME]

Letter Template: Cover letter to send with your court statement and court forms

[YOUR ADDRESS]
[DATE]

Dear Sirs,

Please find enclosed my court statement and forms in relation to my application for [contact order / residence order etc].

Please can you confirm receipt of these forms via post (to the above address) or email (to [email]).

Yours faithfully,

[SIGNATURE]

[YOUR NAME]

Template letter: Representing yourself

[YOUR ADDRESS]
[DATE]

Dear Sirs,

(Re: Case Number [CASE NUMBER])

Please note for your files that I will be representing myself as a litigant in person in the above case.

I propose to bring with me [NAME] as my supporter and [NAME] as witness.

If you have any objections to me representing myself, please notify me within the next three days.

Yours faithfully,

[SIGNATURE]

[YOUR NAME]

We know that some of the dads on here don't have much spare cash. So we are offering the downloadable guides for free.

To help us develop more guides and other products to help separated dads we would really appreciate a small PayPal donation. Our content is written by a qualified barrister. It would really help us and we would appreciate it.

More information

If, after using our information, you have successfully negotiated the court process and managed to secure a court order enabling some kind of access, contact or residency order, congratulations! If you are finding that the court order is not being adhered to, then you may want to take a look at our guide: After the Initial Court Order.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
I have professional witnessness from pa­ssed to presnt day that validate me i ha­ve copies of chin meeting and and ins an­d outs of the world that is mine dating ­ from atleast 2014 . These are not gre­at reading BUT IM NOT the one you should­ into . ? . .. Also all her hand written accounts i­n meetings and varius . Should not be ev­en in court . She was challenged that he­r use of her diary was not allowed she a­cknwlege this and in reply said " i wil ­take the telling off "" i just cant get ­on with iphone"s . --. . . This is one off many /every s­ingle incounter of from my view a predit­or herself within the service. and ive experienced and as a true stat­ement the intimidation levels she throug­h on me were in every single way she thr­eatend me with her roles and authority .­.. Claims of non compliance well again­ i have profetional witneses .she has tr­ied to fail me and i havent ... The chil­dren are vulnerable and im calling it no­w for everying she has .. . Were a good family.­ I have extream support for my handling ­of the children .. Maybe just maybe i have done good by k­eeping my papers but we paying price agi­an . Why cant they gather info to put be­fore judge ?????? There was NONE .. Also­ what was written by her own admition wa­s not exceptable . Someone pls explain why am i fighting f­or my kids when clearly this is a miss u­se of .. Soz best i delete the name of the position within the S­ S . Sent from myMail app for Android
Slowbeonekanobe - 17-May-18 @ 3:21 AM
I was assaulted by my ex-husband but they took me to jail because he put on fake blood you pulled me by the back of my hair and maybe fall backwards on the hardwood floor I am disabled I've had double hip replacement and a broken femur and he wants me to go to court tomorrow and say that I was drunk and I had taken drugs but that is not true we were both drinking wine but I do not take drugs and I told the police that he had pulled me backwards by my hair to the floor and put on fake blood and the police told me he did not believe me and my ex wants to go tomorrow and get it dropped but he wants me to say I had taken drugs as well as alcohol but that's not the truth and I don't know what to do
Katie - 15-May-18 @ 1:21 AM
I am looking for advice as to the legal implications of lying during a child access case . L recently had this happen when my ex partner claimed during the hearing not to have remarried when he had .
Angie - 10-May-18 @ 3:34 PM
Hi I took my expartner to court due to not seeing my daughter on 2x13 weeks a 16 and 18 week gaps on mums say so. I took my ex to court and all seemed well as we reached an agreement and she even offered school holidays. Cafcass had to approve but some how have turned this into a nightmare. I've now not seen my daughter for a whole year she is 4years 6 months. We had a really good relationship and cafcass have ruined it. Social services were in full support and yet now I'm here any advice would be brilliant as I've spent in excess of over £10000 so far on solicitor fees
Cheese - 13-Apr-18 @ 6:47 PM
Hi i am currently going through court due to my ex partner stopping me from seeing my new born baby. The matter has gone to a circuit judge due to false allegations she has made against me. The only thing i am worried about is that she may have polluted her other childrens minds to make a statement against me. I used to have a good relationship with her other children, i used to take them out regularly without their mother and treat them like my own. Now i am really scared thatif she has polluted their minds it may prevent me from seeing my baby
Mr M - 25-Mar-18 @ 9:12 AM
Dave - Your Question:
Hi all this is the first time doing this my ex partner my sons mum. has stopped my access to my son. My mother's access and all my family she is claming I'm abusive and we have to go to court. My ex is a compulsive lier. lied to me at her age when we meet she was 17. told me she was 18. invited me to her 18th birthday. as a clown I am I turned up with a 19th bday card not knowing in till I saw the banners and bollons. she has nude photos on line that I have seen and have evidence. I have some good evidence in the pics like. moles/beauty spots. (in certain places no one else has. Necklaces. with nudes and with out. and other things om the photos her top half is out and her bottom half. she has lied to the police about me saying I have assaulted her. I have proven to police I'm incident. and no further action has been taken. never arrested but I have had to attend volentry interviews. never been charged. I confronted her about the naked photos on line. Only because of my son saftey and she went mad saying I was lieing and phoned the police on me for making false claims agents her. police has never spoken to me about this and also she claimed on her solicitors court doc they have. lieing again. I'm going to prove she's a lier and also have been from the start in family court and going to represent my self as well. I don't want to take my son away from his mum. In my eye they shouldn't but she's lieing to police about me trying to get me arrested. false claims I'm abusive stopped my access and my family's access. have I got a good case to protect my son from his lieing false making disgusting mother (disgusting mother part was only for the nude photo)and trust me the photos are bizarre. evidenced if needed. lying on court doc (purgury) lieing to police. waiting police time. and no doubt she will lie under oath. which will be proved on the day.Leave a messageLeave a comment

Our Response:
The court will not be interested in you trying to prove your ex lies. It will dismiss any claims you have and will not remove your child from his mother on this basis. The court is only interestsed in what it thinks is in the best interests of your child and not the parent's squabbling or mud-slinging. Your ex is entitled to live the life she wants to live. If you disagree with it, then that is your problem, but the court will not listen. The best advise we can give is to concentrate on working with your ex for what you think is in the best interests of your child, not working against her. The court will encourage this approach, and the approach for parents to get on, please see link here , not the approach you currently have. You may wish to join the Separated Dads forum which can help you develop a new way trying to get the best out of your situation. Currently, you are on a road that will not serve you well in court.
SeparatedDads - 19-Mar-18 @ 10:45 AM
Hi all this is the first time doing this my ex partner my sons mum.. has stopped my access to my son..My mother's access and all my family she is claming I'm abusive and we have to go to court..My ex is a compulsive lier.. lied to me at her age when we meet she was 17.. told me she was 18.. invited me to her 18th birthday.. as a clown I am I turned up with a 19th bday card not knowing in till I saw the banners and bollons... she has nude photos on line that I have seen and have evidence.. I have some good evidence in the pics like... moles/beauty spots... (in certain places no one else has...Necklaces.. with nudes and with out... . and other things om the photos her top half is out and her bottom half.. she has lied to the police about me saying I have assaulted her... I have proven to police I'm incident... and no further action has been taken.. never arrested but I have had to attend volentry interviews.. never been charged.... I confronted her about the naked photos on line. Only because of my son saftey and she went mad saying I was lieing and phoned the police on me for making false claims agents her ... police has never spoken to me about this and also she claimed on her solicitors court doc they have... lieing again..... I'm going to prove she's a lier and also have been from the start in family court and going to represent my self as well..I don't want to take my son away from his mum. In my eye they shouldn't but she's lieing to police about me trying to get me arrested... false claims I'm abusive stopped my access and my family's access..have I got a good case to protect my son from his lieing false making disgusting mother (disgusting mother part was only for the nude photo)and trust me the photos are bizarre... evidenced if needed.. lying on court doc (purgury) lieing to police.. waiting police time.. and no doubt she will lie under oath... which will be proved on the day... Leave a message Leave a comment
Dave - 18-Mar-18 @ 12:01 AM
I have come out of an emotional domestic abusive relationship on more then one occasion with an ex who is ge father of my unborn child. I'm currently 6 months pregnant and have nothing but stresss as I'm dealing with someone who which I believe to be a narcissist and have a narcissist personality disorder, which as you know is hard to prove. I do have messages screenshot and things saved and police are aware and documented as is my doctor who has signed me off through stress depression and anxiety. Due to the fact I've never denied him access however has put the word court in my mind to make me fear the worst. I have proof he is going to do this to buy Being written down. I will not be putting him on the birth certificate and I want him to have the minimum access and supervised as I don't want him round my house when she is here. Unfortunately I would have been more then willing to do this properly between ourselves but the threats and him accusing me of giving him domestic abuse saying he has messages again putting the fear in me and When actual fact it's the other way round. It's hard to deal with a narcissist and they paint a good light within themselves to others and make them the victim. Any legal advice would be much appreciated. Many thanks.
Gina - 6-Feb-18 @ 3:43 PM
For the past 3 years I have been living with the consequence of my actions in choosing to stay in a relationship afraid to lose my daughter but not being happy in the process. So to cut a long story short. I am a black man in early 30's at the time late 20's and we had moved house from the city to the country after finding out we were pregnant and realising we could not afford to live in the city. We were excited and everything seemed to be going well. I had a job waiting for me when we moved, it all seemed to be perfect. Soon after we moved my partner became depressed. I put it down to the pregnancy and tried to do all I could to help. She became worse after the pregnancy and I had started to become depressed myself. During this time of me being depressed from all of the stress and abuse I haven't mentioned... I met someone who simply new what to say and after a few weeks I began to have an affair. I know it was wrong, it was stupid, it was immoral and I have no excuse for my weakness... but it did happen, and I was found out. She decided that she wanted to make it work but this was actually a plan to set me up. A few months later, she dialled 999 and began shouting and screaming at me about cheating, and then began to start throwing herself around the room and shouting for help. I was arrested for DV, she was moved into a council house for free as she only worked part time and I was unable to see my daughter because I had no idea where she had been moved to. In court, it was terrible, I actually felt sorry for her, because her lies were so transparent. After I was proven not guilty I applied for access for my daughter (this was nearly a year after the arrest) it has taken a further year to get into court and now she is claiming I am a drug user! today will be 589 days since I have seen my daughter and it still hurts as much as the first day I was without her. I have now gone in armed with the truth and wisdom and I will make sure that my daughter knows how much I have fought to get her back in the fact finding hearing on 2nd Feb. I only hope that the court will once again see the truth, which Is an emotionally hurt but unstable woman that will do anything to get revenge after my affair. I know I was wrong to do so, but to use our baby as a weapon to inflict emotional torture on both me and our daughter is completely wrong to me. What I would like to know is if she is caught lying in the court on purpose (as she has done it before) is there a way I can get her to pay for those lies at my expense via the court?
A damaged rose - 28-Jan-18 @ 6:02 AM
@Justme - you can refuse. Your ex would then have to apply to court. If you're concerned, then the court may not allow him to go.
Ant89 - 22-Jan-18 @ 12:56 PM
My ex had an affair 5 years ago with a Czech girl 15 years his junior. They are still together and he has just announce they are getting married in Czech and would like our 11 year son to go. Despite my son always maintaining his relationship with his dad he has no relationship with his dads girlfriend. I think my son was upset with the situation with her at first and now neither of them try and they simply stay out of each other’s way during access. Our son is refusing to go to the wedding and nothing will change his mind. What can I do? can his dad force him to go? On another point his dad has no family his parents are elderly (in late 80 and 90’s) therefore are not attending he has no brothers, sisters cousins, aunts or uncles who would look after our boy during the wedding day and night? I simply feel I would panic that not only is in a foreign country with people he doesn’t know but also would be left with strangers not even with the same language. Potentially he may have English friend who could look after him but this isn’t fair! How do I progress!?
Justme - 20-Jan-18 @ 9:18 AM
My partner is fighting for his children In court but someone has written a statement saying they heard a conversation from me to another person Saying I was talking about information about the court case which is not true they come to my workplace and said they heard this conversation take place between two other people I was just wondering what rights I have on that statement been shown in court without me being present And if I should write a statement and the girl I had the conversation with should make a statement
Lea - 9-Jan-18 @ 12:26 PM
Socail servicesare usingaligations against me witch were made against some one else in there fresh hold in family courts. In my defencethat are discreditingme and slanderingmefrom being a father to my partners children
Andy - 26-Dec-17 @ 7:51 PM
I have been through 7 years of malicious behaviour from an ex girlfriend. We have two amazing children whom I love very much. She has caused the children myself, partner and family huge amounts of pain and suffering. After our final separation She ha done everything possible to cause me pain and upset. The children are her only weapon and she ha made it her only consistent focus to try and break me, and now break my marriage. She is consistently caught out as a Lier and when I finally took her to court she was completely shown for the price of work she is. But even though I went into court having not seen my children fr 5 painful months and her demanding I ever had them again. I walked out of the final hearing having gone alone with no solicitor walked out with more organised care than ever, everything I asked for on behalf of th children I was given. The court order was delivered but she has been chipping away at it from the start.And still activelyfocused on destroying the positive relationship I and there step Mother have with both children. Attacks my wife even with a babe in arms and frustrates contact, refusing them to come to us regularly. Now this was bad enough but again she is calling social services and basically making wild accusations and telling lies. I have done everything by the book, but I need advice on why she can continue to lie to everyone, including the law of the land and overstretched social services just to cause me pain and my wife. How do I make this stop, how do I make her legally stop.
Frustrated father - 22-Nov-17 @ 5:30 PM
I have been through 7 years of malicious behaviour from an ex girlfriend. We have two amazing children whom I love very much. She has caused the children myself, partner and family huge amounts of pain and suffering. After our final separation She ha done everything possible to cause me pain and upset. The children are her only weapon and she ha made it her only consistent focus to try and break me, and now break my marriage. She is consistently caught out as a Lier and when I finally took her to court she was completely shown for the price of work she is. But even though I went into court having not seen my children fr 5 painful months and her demanding I ever had them again. I walked out of the final hearing having gone alone with no solicitor walked out with more organised care than ever, everything I asked for on behalf of th children I was given. The court order was delivered but she has been chipping away at it from the start.And still activelyfocused on destroying the positive relationship I and there step Mother have with both children. Attacks my wife even with a babe in arms and frustrates contact, refusing them to come to us regularly. Now this was bad enough but again she is calling social services and basically making wild accusations and telling lies. I have done everything by the book, but I need advice on why she can continue to lie to everyone, including the law of the land and overstretched social services just to cause me pain and my wife. How do I make this stop, how do I make her legally stop.
Frustrated father - 22-Nov-17 @ 5:29 PM
An acquaintance is going to court over his children as his ex is trying to relocate them. He has had access to her statement in which she cites me as his current partner. This is not true and the ex hangs around with a particularly gossiping person who dislikes me. Is there anything I can do about her making false statement about me?
Bella - 31-Jul-17 @ 5:23 PM
My ex wife has a kid in care not my child an the social are making false statements about my mental health using them as a danger to this child dispute my cpn stating he sees none....the child's father has made a false allegations that I sexually abused this child which was dismissed by police as groundless bordering malicious...this is presented in his statement in family court an the social are saying I'm a danger to this child an my ex without a single shred of proof...no legal firm will help as I'm a non party to this trail but I'm named on nearly every page by all sides...an given only I can answer these statements I'm at a loss why I'm not allowed too.
Refi - 23-Jul-17 @ 1:26 AM
Rach - Your Question:
Hi I was wounderin if any one could help a threw months Togo my kids got took in to care by social survices as they sad the threshold had been met it wasent till after the court ended I received the paper work and notice that they had used false statments on the the threshold letter which I can prove wot can I do about this

Our Response:
In the first instance, you would have to complain directly to the local authority body in question. Please see CAB link here which will give you some tips about the best way to complain. You may also wish to seek legal advice if you think this is a matter for the courts, the CAB can help you assess whether you may have a case to answer.
SeparatedDads - 16-Jun-17 @ 10:07 AM
Hi I was wounderin if any one could help a threw months Togo my kids got took in to care by social survices as they sad the threshold had been met it wasent till after the court ended I received the paper work and notice that they had used false statments on the the threshold letter which I can prove wot can I do about this
Rach - 15-Jun-17 @ 12:48 PM
Hi I need some advice,a couple of weeks ago my kids got took in to care,to cut along story short I only received the paperwork going threw it I notice that wot they put wasent true and I can prove it but I don't no wot to do now cause I don't think my kids should go away threw false statements please help
Smithy - 2-Apr-17 @ 11:13 AM
Okay I have an issue, My 16 yr old daughter gave birth to my grand daughter in December , the conception was when she was 15yrs of age ....the father is applying for custodybut has lied about what information he was given about her vulnerability ....I maintain that as she was subject to a child protection plan for sexual exploitation andmy grand daughters father was fully aware of this... what if anything can I do to inform the court of his lies...This is also being investigated by the police with whom I have given a statement.
Kevjames29 - 2-Feb-17 @ 1:10 AM
I need help . My husband has made false accusations against me of dv , now I'm to be summoned to court on 2 charges of assault.I can handle that but they are using my 8 year old daughter against me in court, has anyone come across this before ?
Lost mum - 28-Jan-17 @ 1:48 PM
@Georgio - thanks for the advice. It's a minefield out there for sure. Lee.
LBH87 - 28-Nov-16 @ 2:38 PM
People you need to understand that even solicitor and Baristers can get it wrong. And it will be you that will lose and pay out money. Befor you go to see a solicitor or report something to social service you need to get your fact straight or it will cost you double the money. Just going to a Solictor don't mean your trouble are over they mean your troubles have just began. People you need to prepare months before you get legal advice. The firs hour is free in a good solicitor practice, be prepared take a note pad don't be shy talking get all the information you need get a law book steady your problem before you take it all the way. And if you skint and can't afford to go to court you need to use cunning. Even if you Solicitor says you have a good chance also if you get legal aid you still may have to pay it back out of a settlement and be left with nothing but a headache or much worse. Don't trust or speak to the person you are he is taking you to court. Keep a diary at all times and believe in yourself.
Georgio - 28-Nov-16 @ 6:11 AM
The best why forward for anyone that just can't afford to pay out money is to make the other party take the mater to court first, then all you have to do is prove them wrong by working hard and getting as many people that you know can testify on your side. If you are a just and good person then you will do all right. The judges can see the truth and you should never over do it in court just believe in yourself and family's around you they to can help letters don't cost money. And if you need to involve a solicitor then get take your time, log things that the court would like to know. Months befor a court case started. Also even if you don't need to do all this becouse you put your trust in your partner or family member when it comes to kids and problems you should always start as soon as possible and have a day to day dairy and write down anything that you may need in the future. Believe in yourself, You can do it.
Georgio - 28-Nov-16 @ 5:47 AM
Hi Duchess, There are similarities with your situation and mine, although I currently have residency of my grand-child under a child arrangements order. Social services recommended it and the judge made the order. Next time I saw the social worker was at a monthly child in need meeting where she announced the case was now closed. And that is when the trouble began.... Hostility in many firms from both parents and no support for me, left to deal with it alone. And of course there is a toddler being used as a pawn by her parents. Malicious child protection referrals to social services about me all proved unfounded. Then the court summons drops through my letterbox. Then come the false allegations, which the social worker repeats in her report to the court. She did not even ask me about them all but made out she had. If she had I could have given her evidence of the lies, she asked about 2 different allegations and them merged them to say that was my reply to what was never out. It is all bonkers. I feel for you Duchess, you are not alone. Good luck
Speck - 12-Nov-16 @ 6:40 PM
Hi all I'm due to attend a first hearing for access to my Grandaughter who I raised when her mom my daughter was young after little one was on a child protection plan then child in need plan we all worked to get her mom has had many problems including attacking me and my partner her step dad baby's dad not involved we've been given permission from the courts to apply for the child's arrangements order but carcass r not helping and state that the courts can't make a interim order cause mom had parental responsibility yet carcass have not listed all moms behaviour and have stated to think carefully before giving us contact mom has lied stating we abused her but we didth and went school reports when she was younger and baby's father can't be involved as daughter stated to police at the time it was a alleged rape can we instruct that the judges request a DNA test to determine if he is the baby's father and can the judges make an order or does a section seven have to been done first any help or advice would be appreciated thanks
Duchess - 2-Nov-16 @ 6:19 PM
My ex partners' solicitors informed me today that they requested transcription from the final hearing. Does anyone know please whether they have to share the content with me? Also,is it possible to appeal after the allowed appeal time which is 21 days in my case as it's Family Court?
Lily - 1-Sep-16 @ 12:24 AM
Hi there. I really desperately need some advice as my ex partner has lied in court and her lies have been used against me despite me proving to my solicitor she was lying my solicitor failed to defend my side. Instead my ex's solicitor ruled the court room and mine sat there in silence hardly saying two words. An interim contact order was made and the residence order she asked for was declined. However although she has never been there for my son until recently which I proved also, after leaving us both in 2014 forming A new relationship with someone and having another baby to him she then began to see our son more often and took me to court to get residency of him. She had now basically been handed all that she asked for for to my solicitor failing to defend against her lies. I feel I have been unfairly defended and want to know how I can put this right ASAP. My solicitor has refused to help me any further stating that he cannot cope with it all and he isn't earning enough money from it, He told me to sack him on the day of the child welfare hearing and walked away from me several times whilst I was explaining to him that I wasn't happy with the curator report and what was about to be granted to my ex. He said he doesn't want to act for me anymore and stayed I should go elsewhere to someone who can help me further. My son does not want to be with his mother half the time as he doesn't get on with her due to her never being around before they don't have a bond as such. Her new partner smacks him etc and he refuses sometimes to go back to hers and so on. Please please help me. Any advice would be greatly appreciated I don't know where to turn for help and have lost faith in the legal profession as my solicitors negligence has now lost me my son who I have raised alone since his birth. Many thanks in advance.
Heartbrokedad - 13-Aug-16 @ 12:50 PM
Iv got a final hearing coming up but in my last hearing my ex partner lied on two occasions to which i can proove he has lied how do i go about this as taking me to court was his way of being malicious and now iv been told by my solicitor that bcus he made an application for an order he can take me back to court as much as he feels he needs to as he has rights to. Where do i stand with this now if he gets the order like he hopes for then what happens if he lies more and takes me back iv been made aware its imprisonment .. he can easily say the orders been broken as he loves to interfeer with my peraonal life yet iv moved on in my life he wont accept.
mandi1513 - 8-Jul-16 @ 3:41 PM
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