Not everyone knows that the family court use civil law. Meaning that they can reach ‘facts’ about something, an allegation, or a series of allegations, by using civil law. Civil law, in other words, means that something has to be proved to a standard of 51%.
In contrast in criminal law, a much higher standard of proof is used. This is called ‘beyond all reasonable doubt’. This standard was brought into effects as under the premise that they would rather have ’10 guilty men walking free’ than ‘1 innocent man wrongfully convicted'. Therefore if there is any doubt as to the alleged crime having taken place by the defendant, then they will not be found guilty.
Family court in the same way as criminal court invite certain witnesses into the court case to give evidence.
Unfortunately it is down to just one judge as to whether he or she believes the witness(s) and decides to regard or disregard their evidence.
Real hard evidence can be presented, but if the judge decides to, then this can be totally ignored.
It is hard to believe that this goes on, but believe me, it does. And it is causing an untold amount of harm.
I know of a case whereby four separate silk barristers scrutinised the evidence pertaining to an allegation which was about to be determined at a fact finding at the family court. All four barristers separately from each other informed the client that ‘there is no evidence whatsoever to link you to the allegation that was being made against you’. However in spite of this, the judge made totally false findings against an innocent parent, with no evidence whatsoever.
The balance of probabilities is costing children their lives. It is costing innocent parents their children in some cases, their reputation and the utter despair as to being falsely accused of crimes that they would never commit. Tragically for some parents life after family court injustices simply becomes too much to bear.
Please comment below with your experiences.
Criminal courts can also convict based on probabilities. Crown courts can also convict with a single judge, no jury, no expert witness, no press. A person convicted of a crime who has to use legal aid will NOT get a fair trial, if they are lucky enough to get a trial at all. Intimidation and promises of no jail term are used to extract a guilty plea and an easy ride through court. With a guilty plea no evidence is needed, and no chance of "beyond reasonable doubt" because nothing needs to be proved. I have spoken to quite a number of people who had travelled this production line, many with mental health and similar problems who needed help not…