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Is this reality...
 
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[Solved] Is this reality...

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Posts: 45
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Topic starter
(@Marco)
Trusted Member
Joined: 7 years ago

I had my "final" trial on the occupation order / non - mol today...

Family court is not a court, it's an insane asylum. Straight of the bat my barrister saying give up I could get findings against me. Only 30% chance of winning (gone up alot from my orginal 1%)

She meets "wife's" barrister in next room with thin walls, sounds like he's dominating and leading the show.

She comes back tells me have I made a decision, before I can answer, she goes off with wife's barrister again. She comes back with a sparkle in her eye, I thought something amazing happened, she said other barrister raised that lay magistrates are too low level for my complex case better a judge.

We go into court meet the magistrates they seem nice 2 old men and 1 old woman. Wife's barrister gives his spiel, they say they can deal with case but if Barristers want a judge they can.

Case delayed until Jan £1300 wasted on Barrister for me, Wife's barrister makes a Scottsdale of wife's key arguments and I assume discard others. They are now her lie of attempted rape (no longer lie of rape in order) A strange case where I asked my wife for biscuits, money control and clothing/make up control.

I had to give my answers to my barrister. Denied rape, attempted rape or whatever the claim is next.
Biscuits I said it's a load of nonsense, I was very sick with pneumonia, I saved a plain biscuit to take with my bed time antibiotics as they were the only thing I could stomach for days, wife ate it, I asked her to buy me some more, she comes back with chocolate cream ones, I refuse then goes hysterical how ungrateful I am. My barrister said it was abuse, I said no way, it's a simple request, she says my thinking is too rigided (hinting at my mild autism I assume),
I felt like I was in the twilight zone, talking about biscuits! She then asked did I shout at her. I said I lost my voice with my red raw throat, I even have message evidence to a aquantence on that day saying I could talk in whispers. She didn't bother to check or say anything.

Money I said wife gave me her card and signed the paper closing the joint bank account. She asked if I had proof of that, I was thinking [censored] and said no. I then raised the stakes and said then wife must be claiming I frauded her signature to close the account, the bank can confirm if made a fraud signature, barrister said nothing but didn't look impressed.

Clothing and make up I just denied, couldn't be bothered, I said wife has no proof.

Because of delay I can't afford to keep paying for my house and barrister said it could be used against me, ya know paying for a house in your sole name not surrendering it due to false allegations, very controlling.

Wife's barrister told my barrister that the other man is very well known in the lawyer circuit, I dont know what that's sposed to mean, but he has his fingers in many pies.

I have to self rep now, almost broke, junior barrister treating me as guilty and getting dominated by wife's barrister. But I'm terrified and feel mentally broken and spent now. Facing a final trial by my self against a good barrister head hunting for findings against me and then that will be into section 7. I can't cope. Lost my home, my few hours with my children under threat and lost to an infamous [censored] offender. I dont know what to do, if not for my children I would have killed myself long ago

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Posts: 45
Registered
Topic starter
(@Marco)
Trusted Member
Joined: 7 years ago

I have a fact find on 19th Dec. 'Wife's' barrister put forward the 4 best allegations on me in a Scot's schedule. 2 of them I've can prove are outright lies. (I decided to raise the stakes and contact my bank's fraud department asking if my wife's signature is genuine closing the account, I'm shocked how helpful they were, they confirmed it is and even sent a copy of the form!)

I don't understand why I could only reply to her allegations and not make 4 of my own? For example conspiracy to fraud (Immigration) with the 4 time [censored] offender. Also since she chose her 4 best allegations, does it mean the 101 lies she said before get a get out of jail free card? Her police statement and non mol are wildly different and contradictory!

Does it mean I have to try and weave my 80 pages of evidence into her 4 chosen? I've managed to scrape the money together for a £800 pupil barrister, he has a background in immigration law which will be very helpful and cleared one father before of unfounded rape claims.

I feel so worried and sick, and now my mum is in hospital with a 50/50 chance of survival.

@Mojo can you have a read through of my statement and see if I have any hope?

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

I understand your frustration, but the courts will only want to deal with the first/most serious 4 or 5 allegations, because of the time involved. It’s probably to your advantage that everything else is dropped, so that you can concentrate on the core of allegations.

An 80 page statement just far too long, so yes it would make absolute sense to do some strong editing.

If you’re tasked with providing a statement, you could mention yourconcerns about the bank fraud and the conflicting police statements, just be brief.

If she has committed fraud it would be a police matter in my opinion and not a matter for the family court to deal with, your barrister should advise you on that.

I’ve PMd you

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Posts: 189
Registered
(@justdad)
Estimable Member
Joined: 10 years ago

Raising the fraud issue won't help - in fact it could harm him. Had similar in my case.

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Posts: 2831
 Yoda
(@yoda)
Famed Member
Joined: 10 years ago

Keep the fraud issue separate.

I take it that your fact finding is now in front of a proper judge and not magistrates? That will help you a lot if you are self repping.

Your statement needs to be no longer than 4 or 5 pages of writing if possible & then the additional evidence.

Deal with the scott schedule allegations in turn. Give your version of each allegation and then attach the evidence for each one. You don't need loads of pages, just a few key pieces. If there are any issues you want to add that you feel are relevant and have evidence for, do that at the end of the statement.

Best of luck

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