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Judges

  • alreid1612
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07 Jan 22 #518513 by alreid1612
Topic started by alreid1612
One year on from losing the case, I remain incensed by the incompetence of the judge at the final hearing. A DDJ, she seemed more interested in getting to the christmas party than considering the case. She was inaccurate, inconsistent, innumerate, and illogical. She could not possibly have read the documentation as she claimed as she would have seen that in evidence the ex husband perjured himself on 11 occasions from documentation he had already submitted. Yet because she had not made an error in law, no appeal was possible. Everything fell within her discretion which permitted her incompetence to hold sway. My team was appalled.
I know I can not get the result change. There were catastrophic consequences predictably (the sale of a house, the loss of half the business and the requirement to find a second job to make ends meet), but dismissed by the Judge at the time. I am minded to write to her, politely, explaining where palpably she was so wrong and encouraging her to pay rather more attention in future or preferably give up. I was going to copy it to either the Lord Chief Justice or the President of the Family division. Will I be in contempt of Court if I do so? If I am, I am tempted to say that is not a problem, if the Court is capable of making such an appalling decision, it deserves to be held in contempt.
Thanks

  • rubytuesday
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11 Jan 22 #518551 by rubytuesday
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What does your wife think of you writing and sending such a letter, after all it was her case.

There has been much blurring of lines in your posts, you often talk about your wife's case in the first person as though you were the litigant, rather than the spouse of the litigant. That's an observation, not a criticism.

Would sending the letter achieve anything? Probably not. Would writing the letter make you feel better and that you have addressed what you see as the injustices of your wife's outcome? Probably. I suggest you write the letter, then file it away for 6 months, reread it after that time and see if you still feel the same and still have the same desire to tell the Judge where you think she went wrong. If you do, add to the letter then refile it for another 6 months. Repeat until you no longer feel so incensed or outraged. Then destroy it.

Your wife and yourself have been through a traumatic event. It may be an idea to look into counselling or therapy to help you recover from this trauma. How is your wife? Does she feel as angry and outraged as you?

Life is far too short to spend it being angry over events over which one has no control - don't let this overshadow your married life.

  • Chevette
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11 Jan 22 - 11 Jan 22 #518553 by Chevette
Reply from Chevette
Sorry to hear this

I thought that a DDJ could only preside over FDA & FDR but not a final hearing, as that has to be a full time judge? Is that not a reason to have a new trial?
Last edit: 11 Jan 22 by rubytuesday. Reason: Moderator's note - links removed. see T&Cs 6.2 c

  • alreid1612
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12 Jan 22 #518560 by alreid1612
Reply from alreid1612
Thank you for the reply. You are of course, probably right.

My wife is equally outraged by what happened. We are very happily married, have adjusted to life with the significant changes resulting from the case and have much to be grateful for.

From time to time we are forced back to the court outcome. Most recently this was over an issue to do with the payment or non payment of school fees. This forces us to open up the files again and to read through to get the relevant clauses. One is struck once again by what a shocking decision that the judge made.

In many lines of work if you showed such incompetence you would be struck off, booted out, demoted etc but not the law. I think I am doing people a service by furthering that process. My wife's counsel ('a QC in waiting') refused to take his fee for the final part of the action as he was so appalled by what happened.

There were significant consequences of the judges decision on a concurrently running child protection case - also now conclude. By her decision the judge seriously compromised my wife's ability to protect her daughter as she did not have the resources. In the end that concluded successfully but it was a close run thing - it was so much and unnecessarily harder by losing the financial variation order.

Re the blurring of lines, sometimes it is easier just to write it in first person, that's all.

I think I have got things back in the box! Thanks

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13 Jan 22 #518568 by Chevette
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I still cannot understand how a DJJ was allowed to preside over a Final hearing'....I thought it was absolutely forbidden....Family law in England & Wales seems a law unto itself & is in severe need of being dragged into the present age so it is fit for purpose and more honest. there's another post on a similar topic, 'If judge makes MASSIVE errors on judgement'.

These judges, solicitors & their dodgy practises need calling out in public...there are some forums where you can do that. If you PM me, I can send you the details.

  • s59
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24 Jan 22 #518660 by s59
Reply from s59

My sympathies, OP. I have come away from a lengthy engagement in the family courts absolutely disgusted with the British justice system and frankly the competence of majority of judges that I have come across. Not all of them - the odd one came across as interested and fair. But by exception rather than the rule. One judge I complained about twice to the Judicial Conduct Office. In both cases the office was sympathetic, agreed that the judge had behaved badly but not reaching the bar where they could act or the behaviour was outside the scope of their narrow jurisdiction. I was only slightly compensated by them finding against him later on another matter. I did tell them that this certainly wouldn't be the last time they'd hear about him! Even some of the barristers I occasionally used via direct access expressed shock at his behaviour. He was a DJ and is not a HHJ. How he could have been promoted is absolutely beyond me.

I did write to one judge - a DDJ that issued an ex-parte non-molestation order against me on grounds which even were they to believed would still not normally reach the bar required for such a draconian measure (I once asked her not to put recycling in the normal rubbish bin, I once asked her not to speed when driving with our child in the back of the car, and so on, I am not exaggerating - these were some of and typical of the level of allegations). It was of course thrown out at inter-partes a week later, but being new to the court game and without the good advice found in places like here, I agreed to what I felt were very reasonable undertakings (just a generic promise not to harass etc - things I wasn't doing anyway) - not realising that undertakings are almost as bad as having a non-molestation against you as far as CAFCASS and co are concerned. The undertakings expired after a year but I then had a lengthy battle with the police to have them removed from my file. And to cap it all about three years later CAFCASS still found the undertakings on record and were bringing them up and attaching significance to them in custody proceedings. It was at this stage that I snapped and wrote to the original judge to explain the impact a decision probably made in a hurry as he wanted to get to lunch was still having on me and the relationship with my child so many years later - I can't remember exactly what I said but I think I implored him to think very carefully before issuing such orders in the future without good grounds. I never received a response (or a Contempt of Court Order!).

Anyway I think RubyTuesday's advice is good - write the letter - it's very cathartic to put such things down - I think that's a big role that Wikivorce provides for many on this forum - but tuck it away rather than sending it. Personally I would say don't send it unless you genuinely think it may achieve something. Or put your effort into campaigning via your MP when the next review of the justice system comes along - they usually involve huge consultations which are hard to fill out if you're a layperson but if you're still burning with injustice this might be a good outlet. Above all else - you've survived the system - it's unjust, it's incompetent, but you've made it out with your sanity intact. Well done...!

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