TOPIC: Perjury

Perjury 2 years 2 months ago #92856

Is it perjury to lie in the family courts and if so, what are the maximum penalties for committing perjury?

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Last Edit: by Paul_6611.

Perjury 2 years 2 months ago #92868

Hi

In my experience even when it’s been proved the other party has lied there is no penalty whatsoever. I would guess it maybe depends on the judge, his even called the ex a liar but failed to punish her in any way.

Harli

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Perjury 2 years 2 months ago #92869

My experience is pretty much the same as Harli has said.

Ex claimed DV...got legal aid for 18mths until finally got a judge to order a Finding of Fact hearing after yet another stoppage of contact by the ex. at that hearing under oath and with her solicitor and a barrister on her side....she admitted under cross examination from me (self repping) that i'd never hit her....she went on to claim that the police had lied in her statement to them that had me arrested for an icident she made up....and that she had never told them that i'd hit her only that we'd been arguing and i was trying to take my child away from her.
Her side tried to get her to shut up and asked her several times if she realised what she was saying...she said yes and that i'd never hit her like she'd been claiming for all that time and the reason for her stopping contact.

the judge quickly told her off....and that was it! no other reprimand no threat of contempt of court no nothing!

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Perjury 2 years 2 months ago #92872

There should be proper penalties for perjury. There is absolutely nothing to discourage women like this from lying. His ex lied to Cafcass, the police, social services and the court with no comeback from anyone. It made him feel she was untouchable and really affected his self confidence.

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Perjury 2 years 2 months ago #92876

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I feel the same, if they tackled this properly, using existing contempt laws, youd find a drastic reduction in lying in court... they do it because they can!

Same goes for breaches of Orders, the courts already have the armoury to tackle this, thats whats so maddening.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Perjury 2 years 2 months ago #92878

The government have actually made things worse in England by restricting Legal Aid and only way for someone to quailfy for free legal aid is having suffered DV / DA
there's an article not long since by FnF about the rise in alleged DV cases going to court now that actually end up with there having been no DV

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Perjury 2 years 2 months ago #92880

I couldn’t agree more. His ex lied about DV to get a non mol which she can apparently use for 5 years to get legal aid. The fact finding agreed there was no DV but the non mol can still be used as the LA agency said it didn’t affect anything as far as they were concerned. Ludicrous ..... she’s costing the tax payer thousands when people who really need help don’t get it.

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Perjury 2 years 2 months ago #92883

I'm pulling my hair out here. I have been refused permission to refer to the recordings that I have made or for them to be heard in court. The content of those recordings are HUGELY significant - if they were heard in court they would change everything.

I can prove beyond any shadow of doubt that my ex has lied, both to cafcass, the courts, the schools, the police. The judges reply to my request for them to be heard was that there is no justification for it and the cost of having them transcribed would be disproportionate. There are also audio recordings of conversations with the police and with cafcass that have also been refused.

My finding of fact yesterday resulted in an "either way" decision meaning that they couldn't decide if I'm guilty of the things I'm accused of or not. The recordings would provide significant evidence that could sway things.

A final hearing is now booked for next month - it starts at 2pm in the afternoon. It wasn't a whole day hearing - how am I supposed to be allowed the opportunity to question the relevant parties in 3 hours maximum? It feels like they're trying to rush things through without giving me a chance to represent myself thoroughly.

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Perjury 2 years 2 months ago #92887

Use quotes from the recordings you have - if they are questioned in terms of whether this is what was said or not, explain that you have audio and a full transcript of each recording.

In most cases, when you try to ram information down a judges throat it is rejected. The right way to approach this is to whet the appetite and let the judge come to the realisation that he / she NEEDS to hear your recordings.

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Perjury 2 years 2 months ago #92888

I think it's way beyond that. He's taken a dislike to me and has decided to support my ex. I doubt that I will ever be able to change his mind and convince him that the recordings are essential. I think my only hope now is to appeal his decisions and hope that an appeal court can override any outcome as a result of these initial hearings.

I read that the children's welfare is supposed to be the courts primary concern since the children's act amendment. I can't help but think that this is nothing more than words to appease the public whilst the same practices of secrecy are continued and the courts remain biased towards mothers. We all know that it's true - it's posted again and again by fathers struggling to be a part of their children's lives while cafcass and the courts lie, deceive and solicitors and barristers make huge sums of money from them. Fathers who are giving up the fight and simply walking away because they can't cope any more, or even worse.

If there were really any justice, these recordings would be shown. How can they justify ignoring the truth, proven instances of neglect, parental alienation, proof of my innocence of the crimes I've allegedly committed - it's all there. The recordings show the manipulation by the mother, the threats of violence, the withholding of contact. They show how her statements contradict each other, the things she has told cafcass, social services, the schools, the police. Cafcass aren't even allowed to look at any recordings and their decisions are based without any reference to them whatsoever. This continues throughout the court process and if the judge decides they're not relevant, cafcass have no incentive to change their minds. I doubt that they would even if they saw them anyway.

The recordings I have show criminal activity by the mother - yet a finding of fact hearing was only ordered against myself. In the very first hearing, the judges words were "If I go to the police and report this activity things will not go well for me". How can you fight that?

They then have the gall to suggest (after proven lies, omissions and errors) by cafcass, that because I recorded them, I have an inability to trust professionals. They don't take the view that the recordings are there to show the truth, to protect fathers relationships with their children. You are made out to be the bad guy. The barrister that is representing cafcass even had the audacity to suggest that I'd said things to cafcass that I hadn't. I was appalled at the dishonesty of it.

I'm starting to believe that I cannot win, that the truth simply makes no difference to these people. They have an agenda - fathers simply don't matter other than to fuel their industry. That children's lives are being destroyed because of it is nothing to them, despite their claims.

Perjury! In a criminal court things would be so different. As Mojo said, mothers get away with everything because they can. Because the courts and our government simply don't give a damn.

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Last Edit: by Paul_6611.

Perjury 2 years 2 months ago #92902

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You will only be allowed to appeal if there has been a mistake made in law, and not if you don't agree with the ruling. As suggested above, transcribe some of the more pertinent recordings into your statement and hope that they judge either accepts that, or allows you to use the recordings.

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Perjury 2 years 2 months ago #92906

That does sound like a good idea except that I have not been invited to submit any more position statements and the next hearing is supposed to be a final hearing.

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