[Solved] False allegations

I know there's been a lot of discussion on the merits of the levels of proof needed in finding of fact hearings and professionals' reports.

The good thing of course is that a lot of family court judges are making more informed and common sensical decisions when faced with balance of probabilities cases.

In my recent protracted child Arrangements hearings, the judge made a summary decision for fresh"evidence" not to be heard.

It's a minefield for sure

I noticed that your reply to generalbusiness said that the family courts also use a balance of probabilities standard as opposed to beyond reasonable doubt. The article I referred to was referring to social services vs the police.
I'm curious - are you basing your suggestion that the family courts also use the balance of probabilities standard as they rely on social services reports, or do you have experience of this? Or have I misunderstood something?

Also if there is evidence to support your case, why would a judge refuse for it to be submitted?

Thanks for your reply.

In my experience they have used BOP and and have based their findings on Social Services reports. More people I've spoken too are saying Judges are basing findings on applicant and respondent statements and findings noted by guardians and legal experts.

I'm my particular circumstances, the social services report was overlooked in favour of the guardians response and I think that was due to the fact the guardians report was far more legible and easier to digest.

balance of probabilities only usually matters in finding of fact hearings and with many people being LiP's, the courts are becoming reluctant to rely specifically on a single report or a number of reports from a single source. Use of experts is becoming much more common in protracted disputed cases than ever before.

I'm my case, the evidence referred to false allegations by the ex and these were judged as irrelevant and a finding of fact hearing was refused. I know others have been less fortunate. The timing of the "evidence" being produced was a factor as judges are becoming wise to frivolous allegations.

Social services have always used BoP as opposed to reasonable doubt. This is due in the larger part to lack of resources and often the lacking skills of the social worker where it is much easier to form a judgment of a person or situation initially and make findings that fit the evidence. Many factors determine the accuracy and relevance of social workers reports in court cases. Police evidence is unanimously accepted as read whereas social services reports often require further examination or they need further corroboration by expert witnesses such as psychiatrists and doctors. Judges will very rarely make a decision on a social workers report alone.