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Perjury in the Family Court

  • Faye_Cooper
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29 Apr 12 #327081 by Faye_Cooper
Topic started by Faye_Cooper
My ex took me to court last year in which I was awarded residence and a final contact order was made stating he could see my child one night per month.
During the proceeding he fervently proclaimed that he was “desperate to see his child, he would do anything and that money was no problem to him he would do whatever it took to get contact”. Yet....since the final hearing he has had NO contact and instantly stopped paying CSA. This is over 7 months ago! Does that sound like someone desperate for contact? He and his new partner had stated prior to the court proceedings, on social networking sites, they wished to punish me so it is clear he does not care about his child at all.

Don’t get me wrong, I am very happy that he does not have contact as I feel any contact is psychologically distressing for my child however, the fact remains that this is evidence in itself he lied in court and had no intentions of fulfilling the order. If it was the other way around I do not doubt he would be enforcing the order up on me!

Does anyone have any suggestions? I was thinking about writing to the judge/s involved or to the Customer Services Division Her Majesty''s Courts Service Operations. Is it worth it?

Thanks anyone for any advice offered

  • Fiona
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29 Apr 12 #327089 by Fiona
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What do you hope to achieve? Contact and enforcement orders are for the benefit children, not to punish parents. It''s up to the courts to prosecute for perjury, which is a criminal offence, and it''s extremely unlikely a judge would do this in family proceedings even when there is evidence someone deliberately lied to the court.

If the order is no longer appropriate you can apply to the court to vary or dismiss it to reflect the reality of the situation.

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29 Apr 12 #327091 by Faye_Cooper
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That sound like an approproate action! I wasn''t sure what, if I could do anything.

Will I find the forms to vary or dismiss the final order on HMCS? If it is dismissed where do I stand if he ever comes back demanding contact (the child is 13yrs so will this be considered by the court?)

Thank you!

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29 Apr 12 #327096 by Faye_Cooper
Reply from Faye_Cooper
I have found this:

"Application to vary extend or discharge an order in existing proceedings"

However, the proceedings have already been made final last year?

  • TomAdams
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29 Apr 12 #327142 by TomAdams
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From what I have read the Family Courts never prosecute for perjury. You are free to lie as much as you like, you just have to be convincing enough to fool the judge.

If you go to the police and ask them to prosecute then you are committing an offence by revealing courts proceedings.

  • stepper
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29 Apr 12 #327148 by stepper
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I think applicants are free to lie as much as they like without fear of repercussions. However, they are not always believed.

That said, they are free to come back with another set of lies.

  • sexysadie
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29 Apr 12 #327184 by sexysadie
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People say all sorts of things like this in court. I would leave it - in any case there is no way to force someone to see a child if they don''t want to.

I wouldn''t bother with trying to vary or dismiss the order. It will only cost money and open up a can of worms. Your child is thirteen - before very long no-one will force them to see their father in any case if they don''t want to.

You do need to make sure he pays child support, though. If it is CSA he is not paying, you should go back to them for enforcement. If it is child support as per the court order you can go back to court for this - or wait until 12 months after the order and go to the CSA for assessment and enforcement.

Best wishes,
Sadie

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