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Are there any consequences for providing false evidence in the lead up to a fact finding in family court?

14 replies

Pebbledashery · 07/03/2021 22:48

Ex and I have had to submit statements.
He's redacted large parts of emails I sent him. On observation, he's redacted all the parts where I've talked about his abuse and his violence towards DD and I. There's about 5 or 6 emails he's redacted and he's also added extra sentences in.. Is there any consequence of this?
He's completely lied in his statement.. Are there any consequences if he's proved to have lied under oath?
We have a fact finding as there are disputed allegations of domestic abuse.. He's claiming to be the victim.

OP posts:
Theunamedcat · 07/03/2021 22:53

Do you have your copies? Unredacted?

Pebbledashery · 07/03/2021 22:54

Yes. They are emails sent by me to him.. He's exhibited them as evidence but removed large, incriminating sections!! He's also changed sentences in one of the emails.. I've got the originals.

OP posts:
Netaporter · 07/03/2021 23:03

Can you ask for the information to be submitted electronically? He can manipulate the content on certain servers such as ms outlook but not on servers such as gmail. An electronic submission from you will contain the metadata which cannot be manipulated. His of course should match yours... except it won’t if he’s attempted to alter it. Check your solicitor understands this. You may need to get a forensic IT expert to examine both to determine the genuine version.

Netaporter · 07/03/2021 23:04

Ps when someone has done this they usually want to print them off and send them as a scan. They rarely agree to sending electronically as they know it’ll be curtains for their argument 😉

Pebbledashery · 07/03/2021 23:08

Thank you. He's basically forwarded the emails to his solicitor but he's redacted huge parts before forwarding. His solicitor has then printed it off and scanned it in obviously believing its the genuine email I've sent him...
My Solicitor said his solicitor wouldn't have told him to redact emails as they are officers of the court and have a duty to work honestly.. He would've just been advised not to exhibit it.

Would the family court go to the trouble of using a forensic it expert to decipher which is real or fake?

OP posts:
Pebbledashery · 07/03/2021 23:11

Also with the parts he's redacted.. The emails don't even flow properly
I'm exhibiting all of the original emails and highlighting the parts he's deleted

He must think I'm so stupid I would not realise.

OP posts:
Margaritatime · 07/03/2021 23:16

Why can’t you/your solicitor submit the original emails you sent? The court would then have the full text and could see the changes he has made.

Pebbledashery · 07/03/2021 23:21

That's what I'm doing in response to his statement. I'm going to exhibit the original emails and highlight everything he's redacted
Just wondering how the court would view it as his side can say I've just added bits into the emails!! Which is quite far fetched and ridiculous and I don't even have the brain capacity to magic up sentences.
When I read his statement and exhibits I knew straight away he had deleted large parts of my emails to him.

OP posts:
Netaporter · 07/03/2021 23:26

Getting an expert to examine the metadata will resolve this. Get yours verified and then invite him to do the same or withdraw...

Pebbledashery · 07/03/2021 23:33

How do I go about doing that though?

OP posts:
Netaporter · 08/03/2021 04:12

Your solicitor should be able to provide you with the name of someone reliable for this. Or ask a solicitor with expertise in this area.

Pebbledashery · 08/03/2021 09:38

It's an additional cost though isn't it.. I am legally aided because of the severe DV.. I mean this is a man with an extensive domestic history with not just me but other partners as well.. He's also lied about incidents which he's detailed in his statement but given a completely different account to Police and Children's services.. Is it necessary to pay for an it forensic specialist when this man is quite clearly a pathological liar???

OP posts:
ProfessorSlocombe · 08/03/2021 11:13

OP, you have this back to front. In general, if a party wants to challenge evidence in court, it's up to them to do the running.

I'd submit your copies of documents - unredacted and unaltered - and let your ex show the court that they are fake instead. Which they will struggle to do (they'd need to create alternative text to fill their black gaps for a start).

At this point their solicitor should have a pause and explicitly ask their client (your ex) if they are submitting false evidence, as it would be a serious breach of professional conduct for a solictior to knowingly submit falsified evidence to a court.

I'm a tad surprised your own solicitor hasn't mentioned this.

Pebbledashery · 08/03/2021 22:28

My solicitor said his solicitor just believes and never questions him.. So until its highlighted it's false evidence it won't be questioned. I do hope his solicitor has that chat with him though.

OP posts:
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