Has Anyone Appealed Outcome Of Fact Finding

[Ozziewoz]

I've just been through the bizarre process of Fact Finding, through Family Court. I had put so much faith in the system, and could not entertain the possibility that my ex would be even remotely credible in court. My ex made serious allegations against me, but then withdrew them last minute, and has point blank pretended he can't remember actual things happenning. My ex cried in court often, and I was there, strong, post 30 weeks therapy, and came across as a 'non victim' I left my ex 2 years ago, and have been enduring his emails, texts (nothing to do with children) all to do with he having an excuse to contact me. Police have warned him off as I have actually produced evidence in court. Is it worth appealing. My solicitor says no, because we would have to prove that the Judge has not followed guidelines. Yet the outcome is that my ex is telling the truth. I am so shocked. My solicitor explained to me that at Fact finding, it can become a case of who the Judge likes better, and seems 'kinder', but as a woman who has been abused by this man for years, and endured his harrasment, inappropriate conduct with myself and children, I ask, Is it acceptable for a Judge to decide on this at fact finding. No evidence was provided by my ex other than tears. Everything he has accused me of, has been dismissed and proven as not the case. The Judge expected to see a female, crying, and vunerable. I've had my therapy and feel strong, and angry that 2 years on, this man is still slapping himself in my face with no though for the children. Has anyone appealed and been successful, or did you reach the point where you understood the system as prehistoric, and just moved on.
I feel as though I want to challenge this so that I can show the system that it is significantly floored. Fact Finding should mean exactly that. My solicitor said it very much depends on the Judge you get. This process is about children's well being. Yet one Judge can 'not quite like you' and make a ruling. Abusers are manipulators. I had no idea, I was needed to perform a victim to be recognised as one.
Any advice would be greatly appreciated.

You seem to think that a finding of fact hearing will get at the truth as you know it to be. It won't. It will only arrive at an official version of the truth.

Unless we install cameras and microphones in every room of every property, and in every public space, it is always going to be imperfect.

Your legal team is best placed to advise on prospects of an appeal, but they are very expensive and you may be ordered to pay his costs if you lose. Here are some recent reported cases that may be of some relevance: www.familylawweek.co.uk/site.aspx?i=ed220333.

I went through a horrific ordeal of a fact finding.. The judge made findings against us both, the wording of the judgement was my life rewritten in an untrue version. However, ultimately I did have findings made of the worst kind of abuse against my ex. So I can take what's been handed to me. My solicitor said to pick my battles. Ultimately as we move into children's proceedings now the findings that have been made against him will count the most.

Thank you so much for commenting. I'm grateful for any experienced comments. I know this sounds tongue in cheek, but the actual reality is that I have not lied about a single thing. My ex has lied on every single count. I'm literally floored, as I had no idea, the system of a 'Fact Finding' hearing was based on who the Judge feels is more credible. I was never going to perform, so even in hindsight, I would not have changed my demeanor. I wanted to be honest, and committed. I really did not believe that a court would go on presentation. Does the court not realise that abusers, can manipulate women, of all situations. Abusers work on emotions, not intelligence. I actually fee so strongly about this, that I feel I need to give the Judge the contact number for SPLITZ charity. She too has been manipulated by this man. I understand now, that no Judge, follows through on their decisions. So how do they reasonably know, that the decision they have reached is appropriate for the children? CAFCASS etc have been in the press massively, because the wrong Judgments have occurred. Only two people in that court room, knew the actual truth. My Ex was a far better performer than me. It never once occurred to me to present as something to get a result. To me, the truth would prevail.
Has anyone appealed? I'm on legal aid. I'm usually a full time worker, but my two little ones have ASD, and so during the early years, I am at home, supporting them, getting provisions in place for them. Come Jan next year, I will be going back to work. I'll be honest, I feel strongly about this, I feel I want to work in this sector, and help parents and children like myself, and mine.
I know the system is floored. The court would argue that a JUdge or Recorder is incredibly experienced. They cannot be. If they do no have any follow up on the outcome of their decisions, which they base on meeting people for a matter of hours. How can they be experienced? If they were able to measure their decision making, and over a period, the outcome, then I would appreciate their input. But this is not the case. These are our children. Children are suffering as a result of the system, in far too many cases. Only charities support women like me. Our Govt does not.

In the kindest possible way, it's not about presentation. It's about evidence. Yes the judge does take into consideration the impression of each witness, but you've got this convoluted idea of how a judgement is reached. There were some findings found against me, but it wasn't down to performance, it was down to the interpretation of the evidence and that being what the judge believed. You're going to drive yourself mad if this is what you keep believing. As I said, pick your battles.

I lost a fact finding 12 years ago and never got over the trauma. We were grandparent carers trying to stop unsupervised contact with his dad who was a violent thug. He had a criminal record already which Cafcass referred to as "youthful indiscretion". Cafcass looked no further than the ABH charge. I asked the Police to disclose any information relevant to child protection and they disclosed to the Cafcass guardian's solicitor the fact he had assaulted two children age 10 and 15. It made no difference.

The fact finding was because he tried to attack me and had to be restrained in front of my gs. He also grabbed and shook him. The Judge believed he shook gs but did not try to attack me. He in fact told me he would punch me in the head and knock me out. No grounds for appeal as the Judge has a wide discretion and I was unrepresented.

Two years later he had attacked two more people. Punched the first in the head knocking him out and the gbh one was another punch to the back of the head causing a fractured skull.

We ended up back in court and contact moved temporarily to supervised again.

I am very sorry for you op because I know the feelings you must be having. I too thought justice would prevail but it is not like the TV. I sometimes laugh at the comments on MN about "taking him to court" get a SHL etc.

As for gs, looking back although it was disastrous for me and DH, I am glad I fought his corner but feel I let him down also. As he grew older, he bitterly resented enforced contact eow. I think it is the slow realisation that you have no voice as a child. He refuses any contact with his paternal family now and will not even visit the town in which they live. I sometimes think there are things I do not know but don't want to go there.

I was told its incredibly rare to have facts all found in one person's favour. The judge more often than not makes findings against both parties.. He can also make any other findings they feel are relevant. I was only allowed to submit 3 allegations, which were physical, coercive control and child abuse.. The judge made two additional findings of emotional and mental abuse perpetrated by him.. The judge has wide discretion when it comes to fact findings.. An appeal would be very difficult as unless the judge has done something procedurally wrong then its not likely to be successful.

My barrister called Cafcass out on their fact finding. After 4 year case the senior Cafcass officer (also my dc's guardian as I wouldn't agree to any sort of contact) admitted his entire facts were from my exh... Not sure how you didn't see the findings prior to the hearing.. Maybe different now as it was 10 years ago.

There has to be a lot more to it than presentation.

I could have turned up looking like Krusty the Clown at the fact finding and none of what my ex had alleged would have stuck as it was palpable nonsense. I strongly suspect she was warned not to attend the finding of fact by her Barrister as she would have been destroyed/maybe sent to jail as the reason for dropping out in the morning didn't tally.

It's the balance of probabilities and one is supposed to have at least sufficient evidence to cause a judge to feel said finding was more than likely not to have happened.

Also, at what point does it not matter anymore? I could drag my ex to court for a finding of fact which I am sure to win as this was telegraphed to me by the DJ. But how does that help any of us? I don't get to pick and choose my daughters mum, even though she has been a nightmare to me she is a good mum to our daughter.

Be careful as reference to the charity gives your location.