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Can a Judge talk to a witness, in private?

  • Jools64
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14 Feb 10 #185234 by Jools64
Topic started by Jools64
Can a Judge talk to a witness, in private (which has been recorded) in a Family private matter regarding contact who sent a letter previously expressing concerns about the welfare of the child?

  • nbm1708
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14 Feb 10 #185245 by nbm1708
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Because it's meant to be a fair hearing the judge won't speak to anyone in private as if someone is giving evidence (which effectively they are) then they must be available to be cross examined by both sides.

Otherwise there's nothing stopping anyone making any allegation against anyone because they're never going to be requested to prove it or be questioned to see if their story holds water.

T

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15 Feb 10 #185446 by Jools64
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The Judge in this case has spoken to both sets of grandparents (without solicitors or parents) in a previous hearing. The Judge received a letter from my partner (on the day of the hearing) and indicated in court that he would be willing to see her after the hearing that day. She was then asked to leave the court room. I'd then ask, what would constitute those who are allowed to be involved. Subsequent to the 'private' meeting, the recording of that meeting has been requested by the respondent. The Judge clearly felt that such a 'private' conversation needed to be recorded in the event of such a request. My partner is probably in the best position to assist me as a MaKenzie friend as any closely related person to the case can be seen as 'antagonistic' against the other party. Certainly, I feel there is antagonism with the respondent's solicitor and barrister (who are qualified to deal with such proceedings). I cannot afford such luxury. If my ex has a problem with my partner, that is her problem and should not encroach on legal proceedings as she has her own legal representation.

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