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As i'm now self representing at court, my wife (the applicant) has stated she does not want a fact finding hearing.
I am led to believe that unless my appeal is granted for a hearing (answer off the circuit judge this coming Wednesday) or I do have a fact find she will not be brought up on the lies in her statement at all. The section 7 report will not cross-examine her, look to see if it's false so i'm told.
Can someone shed some/any light on whether or not this is accurate?
Thanks in advance
To be honest, she’s unlikely to be held to account for any lies she has told. Even with an fof, if it’s found in your favour, there probably won’t be any redress for you... the courts are extremely loathe to punish resident parents, as that may impact on the well being of the children.
The courts only priority is is what is in the vest interests of the children and they rarely get embroiled in blame.
I don't want her punished or blamed, I just don't want the court to rely on her statement that is complete fabrication.
She'll get her comeuppance in life....Karma is a good balance of life, that's good enough for me (being the bigger man).
Having the magistrates decide on "is this fact true or false etc" and then making a decision based on the outcome of that hearing will probably be better for me and lasting time with my children in the overall grand scheme. That's what i'm led to believe.
Does that make any sense...my grammar is really poor tonight ha ha
If they find in your favour that will be what happens, they will disregard her statement.
The courts have to make sure the children are safe, so all allegations have to be looked into, whether they believe them or not.
All you can do is provide them with as much relevant evidence as you can to back up your side of things and hopefully they will draw the right conclusions.
Best of luck
If she does not want a Finding of Fact then she obviously has something to hide or she knows you can prove her to be lying about her allegations.
A FoF is a great tool to get to the bottom of allegations and that too for you if you can dis-prove her allegations.
i would ask that if she doesn't want a FoF then she withdraw her allegations in her statement.
i had to have one because my ex came out with some vile allegations, luckily for me i was able to dis-prove all and in court she got a real dressing down by the judge for lying to the police about DV.
the judge never did anything more than tell her off in court, purgery in Family court seems to go unpunished, so she'd not get anything more than a slap on the wrist and told to not do it again.
if you can dis-prove allegations made against you then you only need to do that and the judge to see it....an FoF will help in later times if she decides to play her games again!
I think if they made use of the existing contempt laws, there would be far fewer false allegations, some of these women would think twice!
Thanks it does seem as though it's a good option to take should my appeal not be granted permission.
I'm beginning to feel as though "you know what I can actually win this" so long may that continue.
I have noticed today that it isn't just about the overall fight for the children it's the little things too. I am now embattled in a disputed middle school choice which is yet again set to go to court if no decision can be made.
Sometimes it does feel like a never ending mess.
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