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TOPIC: Cross examine spouse - draft bill

Cross examine spouse - draft bill 3 weeks 4 days ago #98474

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Hi all,

Reading online, I came across this article in the law gazette referring to a draft bill that prevents cross examining of spouses when there are allegations of domestic abuse.

Is anyone familiar with this? I was wondering what would happen in the event that the Respondent does not have a barrister to conduct the cross examination?

www.lawgazette.co.uk/law/domestic-abuse-...tion/5068952.article

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Cross examine spouse - draft bill 3 weeks 4 days ago #98487

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Not something I am familiar with, but certainly does raise an interesting point. Not sure whether the court would be able to answer this if you rang them.

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Cross examine spouse - draft bill 3 weeks 4 days ago #98492

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The article states that Judges can use their power to prevent the cross examination. I would like to think that there would have to be very serious allegations with some background (previous convictions etc) before the order preventing cross examination could be used.

I’ve not had much luck with contacting the courts. The call handlers can’t seem to offer anything beyond what’s written on their screens and the delay in correspondence at the court I’m dealing with is at 42 days at present

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Cross examine spouse - draft bill 3 weeks 4 days ago #98501

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Here’s some further info, it’s not quite as cut and dried as it first seems, they can instruct a legal representative to take care of the cross examination, but with the cuts to Family law there may not be the funds to cover this adequately. Also, asking someone to come in just to ask the questions, without being given leave to understand the details of the case.

I would assume that the judge would take over cross examination, this is done now for litigants that are very nervous etc

www.familylawweek.co.uk/site.aspx?i=ed199084

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Cross examine spouse - draft bill 3 weeks 4 days ago #98502

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Cross examine spouse - draft bill 3 weeks 3 days ago #98508

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Thanks for clearing that up Mojo.

It's interesting in reading the article that it's so heavily focused on what the bill doesn't provide for genuine victims of domestic violence.

The caveats are there to protect genuine victims of false allegations otherwise it would open the floodgates further for those who wish to misuse Non Mols and PSOs.

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Cross examine spouse - draft bill 3 weeks 3 days ago #98509

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It’s good to get different perspectives, it allows for a more balanced view. I would say though that the number of perpetrators that bully their victims in family court, in the way that is mentioned, is very small... most judges have control of their courtroom.

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Cross examine spouse - draft bill 3 weeks 3 days ago #98510

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Far from clearing it up, I’ve muddied the waters! The two links I provided were in response to the original draft bill, which was dropped when the Government called a GE.

There is now a new consultation/draft bill which is what you linked to in your initial post.

It hasn’t yet become law, it has to pass through the legislature/both houses, here’s the summary of the draft bill that you first bought up.

assets.publishing.service.gov.uk/governm...8-Web_Accessible.pdf

I can only apologise... good job I double checked, which I did because I was bothered that the links I offered were quite old... so went looking again. Phew... sorry again!
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