Why do judges encourage false accusations?

Hi All,

Nothing personal intended about the heading but just getting so frustrated when Ex submits sworn statements in court or blatantly makes accusations which are glaringly false.

Eg, ex states that i was abusive on a particular day when I proved i was not even in the borough. She also stated that I physically attacked her in front of a witness who was not even in the country (proved by visa and stamps on passport).

All allegations are defended with evidence but the judge still buys it and grants her requested orders.
Is there a polite way of asking the judge to see sense as these allegations can be career ruining and the ex now thinks she can cry wolf all the time now to get her dirty work done.

I know judges have to give the benefit of doubt but this is getting ridiculous.

Any advice will be appreciated please.

LEWIN

Two possible answers:

One, the controversial one, for which I shall probably be shot down, because it is the bread and butter of the system. There is no question that solicitors and barristers encourage false allegations because they are extremely effective; when they go on to become judges they keep the same old habits. If the family judiciary made it known that they would not tolerate false allegations and the consequences would be severe the courts would be empty and the gravy train would be derailed.

Two, less controversial, they don''t, but they appear to because the system doesn''t actually have any effective way of distinguishing between false and genuine allegations. CAFCASS is the only tool the judiciary have in this respect and it is officially not fit for purpose. Fact finding hearings are very expensive, very time-consuming and are used in a decreasing number of cases. The balance of probability standard relies on preconceptions and supposition, and not on hard evidence.

I have been on the receiving end of character assignation by my ex and his legal team at every court appearance. It is a truly horrific experience, destroys self esteem and makes me ill for days after.

Once I was granted my Decree Absolute, I never wanted to see the inside of court again, however I find myself back there again through no fault of my own. At FDR I had a DJ who joked with my ex in a way that made me want to crawl into a hole. I have had the same DJ at my last hearing and just seeing him made me shake uncontrollably.

My ex failed to comply with CO''s, refused to disclose financials, hid assets and interrupted proceedings at every opportunity. He got away with it all and at times it felt like the DJ condoned his actions.

As in every other walk of life, there is good and the not so good, sadly many of us experience the latter when we are at our most vulnerable, during divorce.

None of my ex''s allegations have any substance or truth, he is the one that lied under oath yet we do not appear to have any redress.

My next hearing is early 2013 and already the fear/nerves are taking their toll. I feel for the OP as I know where you are coming from.

Good luck and best wishes for your next hearing.

NWTT.

In my case, the judge made it quite clear that he did not believe the false accusations my stbx was making, after all there was NO evidence to prove it, on the contrary the evidence indicated just the opposite. I was glad that the judge saw through it but annoyed that he was allowed to get away with making the allegations in the first place.
Unfortunately its a hard situation for everyone, if all accusations were seen as false before been proven otherwise we wouldn''t have a very good system either. I just think that false accusations should be accountable.

In child proceedings a judge does have to listen, its relevant if a person is a drunk takes drugs has a nasty temper, it can effect the child/ren, very often its one persons word against another, the judge does not really know who is telling the truth, but this is lower court so they work on the balance of probability, so the bar is set quite low, in crown court for example there needs to be proof or at the very least it be beyond reasonable doubt, so a much higher bar.

In financial proceedings conduct rarely counts for much, but the judge will often still sit and listen, they may ever appear to side with the accuser, in reality this often happens so when the judge rules s/he can say i have accepted written submissions and heard oral evidence from both parties as such my final decision is.............this makes it much harder for one person to spit the dummy out and appeal.

I can totally relate to the feeling one experiences after being falsely accused especially when you see it in a signed written statement. its a blatant attempt to distort and deceive under oath which is a moral argument on its own, but when you can actually prove the allegation to be false and the judge dismisses it you do really loose confidence in the case.

When you are on the receiving end of court orders based on false allegations and have to self represent because funds are being paid to your Ex which is then being used to fight you in court , it is demoralising & frustrating.

I also agree that particular judges on the wrong day can play a part on the outcome of your case despite the fact that the same legal guidelines are being used.

I am yet to receive a Judge instructed apology from CAFCASS due to their incompetence, biased reports, botched assessments just for starters - yes, waste of space (topic for a different thread).

An article entitled: PERJURY IN OUR FAMILY COURTS

...quite an interesting read.


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