x-GiGgLeS-x   10 #1 Posted October 4, 2015 Hi  I would like some advice if possible  if someone makes a statement ready for family court and they are lying in it and their solicitor / barrister is made aware that they have lied from the other party can the solicitor/barrister still lie about that or allow the statement in? Advice needed as soon as please.  also if you can prove in court the other party is lying what happens and also will you b have a chance to prove this. Share this post Link to post Share on other sites Share this content via...
redfox   10 #2 Posted October 4, 2015 Legal representatives act on instructions from the client - if the client says the sky is purple then that is the case the client wants to put forward the lawyer will put that forward.  In the context of family court proceedings (or any for that matter) I am not clear how telling the lawyers for the other side "your client is telling lies" achieves anything.  It might help is you gave a little more detail about what the point is without going into the nitty gritty Share this post Link to post Share on other sites Share this content via...
Marx   10 #3 Posted October 4, 2015 The judge can order a 'determination' where both parties take the witness stand. He or She will then decide who is telling the truth based on their evidence. I can't remember what its proper legal term is. Share this post Link to post Share on other sites Share this content via...
El Cid   221 #4 Posted October 4, 2015 The judge can order a 'determination' where both parties take the witness stand. He or She will then decide who is telling the truth based on their evidence. I can't remember what its proper legal term is.  When I went to court, 15 years ago, the court just accepted what was said without challenge, and sided with the mother. Things may be better mow. Share this post Link to post Share on other sites Share this content via...
x-GiGgLeS-x   10 #5 Posted October 4, 2015 The other party is alleging incidents that happened. We have supporting evidence ie from police which states the othet party lied to them but the other party as still put in their statement that this happened.  Also if the statement is filed late can it be used also if it is allowed can the other party provide prove of lies in this without having to show the other party the evidence before hand? Share this post Link to post Share on other sites Share this content via...
Marx   10 #6 Posted October 4, 2015 The other party is alleging incidents that happened. We have supporting evidence ie from police which states the othet party lied to them but the other party as still put in their statement that this happened.  Also if the statement is filed late can it be used also if it is allowed can the other party provide prove of lies in this without having to show the other party the evidence before hand?  I think it depends on the judge. There are no 'rules'. Share this post Link to post Share on other sites Share this content via...
wornout53 Â Â 10 #7 Posted October 4, 2015 Statements being filed late are nothing unusual in family court and depending on whose statement it is they are usually allowed. Share this post Link to post Share on other sites Share this content via...
x-GiGgLeS-x   10 #8 Posted October 4, 2015 If late statements are allowed why did judge set a filed date at last hearing Share this post Link to post Share on other sites Share this content via...
Jeffrey Shaw   93 #9 Posted October 10, 2015 I think it depends on the judge. There are no 'rules'. There are lots and lots of Rules- e.g. Civil Procedure Rules- applicable to litigation. Share this post Link to post Share on other sites Share this content via...
Marx   10 #10 Posted October 10, 2015 There are lots and lots of Rules- e.g. Civil Procedure Rules- applicable to litigation.  About being cross examined and what the judge determines to be 'fact'. Share this post Link to post Share on other sites Share this content via...
999tigger   10 #11 Posted October 10, 2015 The other party is alleging incidents that happened. We have supporting evidence ie from police which states the othet party lied to them but the other party as still put in their statement that this happened.  Also if the statement is filed late can it be used also if it is allowed can the other party provide prove of lies in this without having to show the other party the evidence before hand?  Do you have representation? If so have you made your solicitor or barrister aware and they will consider it.  By knowingly presenting a false statement the client is perjuring himself, but your difficulty is in proving it. It may be just as easy for your own barrister to let you take the stand and make clear the inconsitencies between your evidence and the other side.  I believe if a solictor or barrister knows their client is lying, then they have to point this out to the client and they are under a duty not to mislead the court.  You should check this with your lawyer, the court or the Law society. Share this post Link to post Share on other sites Share this content via...
monkey104 Â Â 10 #12 Posted October 11, 2015 Is that not the idea of going to court, to determine the truth? Share this post Link to post Share on other sites Share this content via...