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Legal matters

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Criminal court & Family court

4 replies

smiler01 · 14/07/2012 11:10

hi

Could someone tell me please if a judge dealing with a family court case can have access to or request notes from a criminal court hearing???
The reason I ask is my partners ex has listed something's that are un true in a very late witness statement she's filing and quoted a previous criminal court hearing and what the magistrate apparently said on finding my partner not guilty however all that she has stated is lies to try to make out my partner is a bad person, so was wondering if the judge could have access to the real details as the real details actually blamed his ex....

Also could someone tell me how you are notified of a court hearing if you have a solicitor representing you?
As my partner is representing himself were unsure, assumed the solicitors would be notified and then they would inform their client?

Thanks in advance :-)

OP posts:
babybarrister · 14/07/2012 23:21

This reply has been deleted

Message withdrawn at poster's request.

fizzybeerandsausages · 14/07/2012 23:28

My partner's ex made an allegation against him that went to trial in the magistrates court, he was found not guilty and then had to go through the whole thing again in the family court. The family court ordered that the magistrates court had to provide notes from the trial. So from that, although I have no professional legal knowledge, I think the answer would be yes the judge can have access.

My partner was also representing himself and the family court contacted him directly both by telephone and by letter to notify him of the hearing times and dates.

ElsieMc · 15/07/2012 09:48

Yes, it is correct that the Family court judge can request access to information about a criminal matter that affects the child's welfare.

For example, this year I asked for an undertaking from DS1's paternal grandparents to supervise contact as I found out that his father had been involved in serious violence again and was in Crown Court.

Rather than do so, they took me back to court for enforcement of contact - although I had not breached the order. He refused to answer the Judge when asked about the offence, so he (ahead of a decision of the criminal courts) asked CAFCASS to request relevant paperwork. He had committed not one but two violent offences, the second was grievous bodily harm.

Following being found guilty, then Judge then requested the probation report which showed that although his barrister expressed on his client's behalf "devastation" at the injuries caused, the probation report showed he had no remorse whatsoever.

It depends upon the Judge involved - previously CAFCASS stated he had a prior conviction for actual bodily harm but that it was only "youthful indiscretion" (he is now thirty). I was not happy with the lack of detail and pressed for more info. He had assaulted a child.

Collaborate · 16/07/2012 09:27

I had a case a few years back in whiuch the mags had found my father client guilty of an offence of violence against W, but said that it was after extreme provocation by W (you don't need the details - I won't want to ID the parties but it was outrageous provocation). In that case we got the written reasons from the criminal proceedings.

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