[Solved] Chances of cost award in family law ?

Whilst there are no penalties for lying and making false allegations the problem will continue. Once a woman realises she can get away with it there's no stopping her! My sons ex lies through her teeth, commits crime, behaves badly in court and its as though she's coated in Teflon!

It is a shame as I was hoping this might be a possibility.

Also in view of the lies can she not be found in contempt of the court?

BW

I'm in the same boat.....£11K spent out (Still owe a very big chunk)

all allegations proven false in court she even admitted in the finding of fact that i'd not hit her and she tried to claim the police had incorrectly recorded in her statement to them that she said i had!
the judge wasn't impressed but still didn't award me costs 🙁

on each of the subsequent hearings i asked for my costs back....never been awarded a penny! despite her getting legal aid and now being married to a guy with a decent job!

the system is just fueling these false claims with no redress!!!!

That's right....because its a civil court and the oath isn't taken, its a very grey area and one that judges steer clear of....I have read that when the judge is asked specifically to deal with contempt they will refer you to the police, then the police when approached refer you back to the judge, with nobody taking any lead...there doesn't seem to be any appetite. Perhaps it will take someone with money challenging this through the courts and asking for a judgement at the highest level.

In the finding of fact hearing we were sworn in (under oath) which is why i think the ex finally admitted i'd not hit her....however she did lie about her statements to police saying that she'd not told police i'd hit her....that is not what her police statements say or the caution i was given says based on her lies!
but the police notes and evidence etc... all back me up and show her to be a liar as they report there were no marks to her face or body as she'd claimed i'd punched her in the face!!
Not even one little red mark or anything! no cos it never happend thats why!!! but she told the police it did...and i was cautioned regardless of me trying my best to prove it by asking them to get a doctor to check her face and body out!! they wouldn't listen and now that caution is there against me because of her lies......

once i've the contact sorted agin with my little one i'm going to be re-visiting the police complaints commission with the court statements and judgements to try and get that caution removed from any records about me.

That's interesting, I didnt know that oaths were sworn in private family law and that's contrary to what I have read! If she lied under oath then I think you could have pushed the contempt issue, and if the judge woudnt acknowledge then the police should then take it up.... but we all know what should happen and what does happen is often two different stories!

See I think that’s where the grey area starts….she didn’t exactly lie in court that day….she admitted that I’d never hit her….she didn’t say she’d lied to the police she told the judge that she never told the police I’d hit her. However that’s not what he statements to police say.

The judge’s judgement on the finding of fact hearing was that the ex’s evidence was inconsistent with her other statements and the police statements and that the police notes contradicted her statements in the same way showing her to be un-reliable and unreasonable……deceptive!

Just to note this was only admitted while under oath at the Finding of Fact hearing.

I’m almost certain the hearing next week will be under oath too being as it’s such a serious hearing now…..either a miracle for her will happen and she gets away with it all again….or she’ll find herself in contempt of a court order and be punished.

I’ve never wished anything bad to happen to the ex because she’s my child's mother…….but fingers crossed the truth will show through again and she finally gets what she deserves! If she doesn’t maybe I need to be climbing out a window for my story to be shown in the news like so many Fathers4Justice fathers have been forced to do so.

“Extreme times call for extreme measures”…..not sure I have the [censored] for that or want to risk losing my job and freedom…….but losing my child to her forever is not an option either!

....if you wear a super hero suit you'll be disguised! Which super hero would you be?

Some of those poor guys, and I am in contact with the guy who put a photo of his son on the Constable Haywain painting....some of those poor guys have been pushed to unimaginable limits.

The point here in my mind is two issues

1 if some lies then this is a breach of English law and therefore subject in English law to a criminal prosecution which the judge should take into account

2 the courts in family law don’t take advantage of the law open to them and against which they should preside over the case and enforce it.

Conclusion therefore what respect for the law do we and others have - as has no standing in what the judge’s use as an instrument to preside over cases hence the injustice. That leaves us with a court system which the people we look and respect to don’t enforce law. this therefore promotes lies with no consequence plus a cost bill for fathers (or mothers) to pay for the privilege to watch the courts in action and see this injustice.

As far as a I can see being F4J may bring some short term attention through the press when they choose to publish it but more than that get a custodial sentence or criminal record which has no real effect but to leave them more in the mire and with no real progression against the injustice or reform being the reason why they did it in the first place.

My original question was has anyone had costs awarded and is this a realistic option any commets>?

I did try for costs against my ex on the basis that she had deliberately not complied with numerous orders, so I had more court hearings than were necessary. The judge refused my claim on the basis that my ex was acting reasonably as a person in her position would do - ie being an alcoholic in denial. Cost me about 3000 to get that judgement!!

The only time costs are awarded, as far as I am aware, is in very rare circumstances where one of the parents repeatedly brings the case back to court without any merit in doing so. In my opinion, the chances of you getting costs are virtually nil, and you may well rack up legal fees in trying to do so. In addition, unless it has changed in the last few years, family courts do not question witnesses (ie parents) under oath in the way that criminal courts do.

The Finding of Fact hearing i had was two years ago now......and in it we were both sworn in under oath.

she had legal representation at the time a solicitor and a Barrister there....i had run out of money on the previous hearing and so was litigant in person.

as i was the applicant i was allowed to question my ex over her allegations....then her side were allowed to question me over my allegations......it was pretty much like i've seen on TV dramas where the other side tries to paint a bad picture of you and tie you up in the legal speak.....but being litgant in person the judge afforded me a little freedom when my questions were more a statement with a question at the end....i mainly did that to get my point across.

So thats how my experience of being under oath in a Finding of Fact hearing is.

NJ....not sure about what superhero i'd be.....Man of steel or Ironman spring to mind......i've a steely determination to fight to my last breath but need to have the strength to protect myself......my kryptonite is my son and his mother knows that!
but i'm also fighting for my right to be the father i know i am and can be....like my father was to me and like my grandfather was to me....decent, honest, hard working working class men.....so that my son doesn't become one of the "lazy Jeremy Kile Fodder" types.

Yes you do give evidence under Oath, all statements were previously sworn statements, (Affidavits) then became ordinary statements but are all now submitted with a "Statement of Truth" so basically all lies under those documents are contempt, although I don't know of a Court that has done anything about it! 😆