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Legal matters

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false info on a child arrangments order

30 replies

markymark2019 · 07/08/2018 23:16

my ex and her solicitor lied by saying we had mediation on a application to the court..for which the order's decision was based on..in my eyes this is perjury im gonna send a letter to the judge with print out picts of the application where the false info was put.....does any here agree this is perjury...or is it just me...for the record i had to represent myslef that day and any other day if i go bk to court...

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Notsurprisedatall · 08/08/2018 00:55

The court probably won't do anything about it, however I would use it to my advantage and use it to prove to the court they have no problem with lying to them, if they lie.

markymark2019 · 08/08/2018 03:52

well if the judge dont do anything il be sending the info to the national press and www.gov.uk/complain-judge-magistrate-tribunal-coroner...i will get a result at some point...

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Coyoacan · 08/08/2018 05:36

Why?

Collaborate · 08/08/2018 07:07

I’m going to take a wild stab in the dark here and suggest that you ex got a MIAM certificate. That is not the same as mediation (it is an assessment that it has been considered, but not suitable) but it is a valid exemption. Either the wrong box has been ticked or you’ve misread the court form.

markymark2019 · 08/08/2018 11:37

We'll on the form the solicitor or the ex ticked the box that they are not exempt from attending miams ..plus they ticked the box that's says they are not claiming exception from attending miams..and also ticked the box that says they have attended miams...in which the last one is a lie...coz also there is no report from anyone from miams on page 4b..

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Notsurprisedatall · 08/08/2018 12:03

They will just claim it was a mistake, in fact it could be.
I wouldn't get hung up on it, the actual issues and reasons they've applied should be your focus.

markymark2019 · 08/08/2018 14:26

mistake or not its still a crime to lie on a legal document..and the solicitor should know better then to do so...but hey..im just a dad trying to do the right thing..so hey ho..

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Coyoacan · 08/08/2018 16:11

OP, you haven't mentioned anything else about this situation, but if this is the only problem, why make it worse? A divorce where children are involved is not something you can "win".

The children need you and their mother to treat each other with respect, now that love has gone out the window.

prh47bridge · 08/08/2018 17:42

mistake or not its still a crime to lie on a legal document..and the solicitor should know better then to do so

A mistake is not a lie, nor is it a crime. You certainly won't get your ex or her solicitor prosecuted for perjury on this basis.

Personally, since your ex isn't claiming exemption, my guess is that they have attended an MIAM but have omitted to get the mediator to complete section 4b.

I agree with Coyoacan that you are focussing on the wrong thing. And sending it to the national press will get you precisely nowhere. They won't be interested.

And bluntly, you don't come across on this thread as a dad trying to do the right thing. What matters is your children, not point scoring over whether a form has been completed correctly.

Iknowwhoyouare123 · 08/08/2018 17:49

I can't imagine the national press will have a fuck to give.

bastardkitty · 08/08/2018 18:08

Log it with the police. Wink

YeTalkShiteHen · 08/08/2018 18:10

Perjury is very rarely followed through in family court. If it was my ex would still be in jail!

5Makes9 · 08/08/2018 18:22

Being involved in court proceedings about your children is incredibly stressful - even traumatic. I’m not surprised you’re feeling the need to pick up on these small mistakes.
As I was pondering on a more helpful response than some posters here (who seem lacking in empathy) I came across this blog post. It might help. They do lots of helpful blogs on how to get the best outcome for your children - familylawassistance.co.uk/2018/08/08/the-family-court-guns-blazing-work/

lostdad · 08/08/2018 18:56

You'll get nowhere trying to get your ex into trouble for perjury.

If you do want to change a court order you'll want to appeal - and you may have grounds to do so based on what you've said. And you then need to decide if the court would have made a different order if it had this evidence.

But.

You have 21 days from the order to do so. And appeals are difficult and expensive.

What is you actually want to achieve here?

GeorgeTheHippo · 08/08/2018 19:01

It will have made no difference at all to any court order made.

markymark2019 · 08/08/2018 19:49

We'll iv written a letter to the judge and posted it now..will wait and see what happens..if nothing happens Il report the judge to the tribunal...kinda forgot that this is for mums and not dads..

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5Makes9 · 08/08/2018 19:59

Some of the replies here are unhelpful but some really aren’t. You’d do well to listen to Collaborate, prh & lostdad.

Don’t make this a harder fight than it needs to be. Put your energies to your children, not to “fighting the system”.

MrsBertBibby · 08/08/2018 20:03

I imagine they forgot to switch in the page from the mediator into the form. Easily done. Kingston actually pulled me up on it once, on a Form A. Nice to know someone actually looks!

prh47bridge · 08/08/2018 20:27

if nothing happens Il report the judge to the tribunal

Which will get you precisely nowhere. Let it go. This is not a big deal. As MrsBertBibby says, this is an easy mistake to make. It makes no difference at all to the final order.

lostdad · 08/08/2018 20:38

markymark2019 - you should guess from my name I'm a dad.

I'm also a full time McKenzie Friend (I help equal numbers of mums and dads).

I'm telling you this because you are wasting your time. Getting angry isn't going to help you but will harm you.

prh47bridge · 08/08/2018 20:38

By the way, I am not a mum. I don't care whether you are a mum or a dad. The advice would be the same. Trying to pursue this as perjury is pointless.

She isn't saying you've had mediation. She is saying she has attended an MIAM - not the same thing at all. You have suggested she has a solicitor so I am sure she has indeed attended an MIAM but the solicitor has forgotten to include the page from the mediator. That does not get anywhere near to making either your wife or her solicitor guilty of perjury.

titchy · 08/08/2018 20:40

kinda forgot that this is for mums and not dads..

Actually it's about the kids. Not your ego, or need for revenge or to be right. But go right ahead.

YeTalkShiteHen · 08/08/2018 23:28

Actually it's about the kids. Not your ego, or need for revenge or to be right. But go right ahead

Yup. And by the way showing the judge that you’re angry and petty won’t help your kids one bit.

Collaborate · 09/08/2018 07:20

and also ticked the box that says they have attended miams...

So, was it a lie when you said in your first post that my ex and her solicitor lied by saying we had mediation on a application to the court.. or was it a mistake?

If it was a mistake, can you see how these things happen, and you'd look unhinged if you do as you suggest?

markymark2019 · 09/08/2018 20:12

oh well we will see..and no im not angry in the slightest..rules are rules..a solicitor should know better than to go to court and not present the case in full with all paperwork in order..mistake or no mistake..its still false information..and when i mentioned mediation to her solicitor on the day..he shaked his head with a look to say oh dont worry about that..as if to say thats not important..so on that note..yes ..they lied on the application..cause that was his time to tell me if she attended anything...but no..they just wanted to blag the system thinking i didnt know anything about the law...and to blind side the just in the process...but as i said..we will see as the letter to the judge is in the post

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