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The Price Of Justice.

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46 minutes ago, *Wallace* said:

I’ve  just been reading about the Somali gang rapist him and his mates took turns to rape a16  year old girl they lured to a flat found guilty but do gooders stormed the plane as he was being deported so that didn’t happen so  millions of legal aid later he gets friends in Somalia to put masks on wave about AK47’s and say they will kill him if he comes here. Result is we are all paying for a luxury 5star hotel to keep him in because he now has stress problems etc he’s got access to a gym spa and things he’s probably laughing so much his stomach hurts. I wonder how that poor girl is getting on in her life I suspect a council flat and struggling with bills somewhere.

That arrangement is only temporary whilst he resettles back into his home country. For context, the hotel arrangement isn't long term. 

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11 hours ago, ECCOnoob said:

There is no automatic entitlement in family court. It's a discretion of the judge and generally only if there has been unreasonable conduct, unmertorius allegations or failure by party to comply with something during the proceedings.

 

Often judges see costs awards as simply antagonising a situation further, causing too much in impact on the child's potential maintenance payment funds or other such reasons  - which is why generally each party bares their own costs.  

 

Court action has always been expensive. Its the exact reason why, particularly in family and now increasingly lower level civil disputes, there is such a heavy push on encouragement of other avenues to resolve a dispute before just jumping into court proceedings.

 

Everyone whines about solicitors fees till they need one. Everyone whines about "extortionate" hourly rates but just how much is fair to get specialist service from someone who has trained for 6+ years giving you consultation, legal drafting, advice and/or advocacy. Plus of course the firm's office cost, secretarial and admin staff, utilities, professional membership fees, liability insurance, supplies in stationery, postage cost, travel costs.... 

 

Legal Aid might be a  shadow of its former self, but as someone working in the industry long enough to see the legal aid peak and troughs It was ripe for reform. When I had periods doing it back in the late 90s it was covering far too many subjects and was far too easily available - an estimated 51% of the population at the time being eligible to legal aid in some form - which is frankly ludicrous for something which is supposed to be limited to those in desperate need and with no other means.

 

People chant about denying access for justice but look at the way the industry is developed. We now have massive increases in fixed fee offerings, no-win no-fee agreements, contingency agreements, alternative funding, online advice services, telephone advice services, trade union legal services, legal advice through home/car insurance policies, online claim portals, direct television advertising, legal advice centres, free advice clinics and roadshows.....

 

It's continually becoming far more consumerised and more accessible than ever before.  For most 'Average Joes' on the street, we are long beyond the days of having to wait a week to see Mr. Jones in his dusty office and his demands for £1,000 payment on account. 

Family courts are closed courts, even to the exclusion of the family itself, and decisions made without their imput, so mistakes/injustices are quite common. With no right to any help, financial or otherwise, families, often in distress, have no recourse to appeal decisions which can be life changing.

 

This has to change. 

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3 minutes ago, Anna B said:

Family courts are closed courts, even to the exclusion of the family itself, and decisions made without their imput, so mistakes/injustices are quite common. With no right to any help, financial or otherwise, families, often in distress, have no recourse to appeal decisions which can be life changing.

 

This has to change. 

I remember social services would regularly threaten me with the family court when my marriage failed and the kids chose to live with me. After a bit of research I was terrified and started making plans to skip the country with them. Thankfully it never got to court, if it had I have NO doubt I'd have lost my kids.

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58 minutes ago, *Wallace* said:

I’ve  just been reading about the Somali gang rapist him and his mates took turns to rape a16  year old girl they lured to a flat found guilty but do gooders stormed the plane as he was being deported so that didn’t happen so  millions of legal aid later he gets friends in Somalia to put masks on wave about AK47’s and say they will kill him if he comes here. Result is we are all paying for a luxury 5star hotel to keep him in because he now has stress problems etc he’s got access to a gym spa and things he’s probably laughing so much his stomach hurts. I wonder how that poor girl is getting on in her life I suspect a council flat and struggling with bills somewhere.

'do gooders' ?  they should have got on the plane with him.  my empathy is with the young girl I hope he's gone now,  doesn't appreciate our standards but is willing to take our hospitality,  and those aren't do gooders they are bad doers,  imo of course.

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3 minutes ago, The_DADDY said:

I remember social services would regularly threaten me with the family court when my marriage failed and the kids chose to live with me. After a bit of research I was terrified and started making plans to skip the country with them. Thankfully it never got to court, if it had I have NO doubt I'd have lost my kids.

Yes I can imagine Daddy.  I know nothing of your personal situation, yet from your posts on here, you are obviously a very devoted father. You make my case. I'm happy for you

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5 hours ago, Anna B said:

Family courts are closed courts, even to the exclusion of the family itself, and decisions made without their imput, so mistakes/injustices are quite common. With no right to any help, financial or otherwise, families, often in distress, have no recourse to appeal decisions which can be life changing.

 

This has to change. 

Why does it have to change? 

 

 I think you need to be very careful about opening up a court dealing with such sensitive and distressing issues.

 

Why exactly should aunties, uncles, grandparents, distant relatives, best friends, neighbours, the friendly barman and the bloke from the betting shop all be entitled to sitting having a good nosey at very sensitive and personal dispute being thrashed outing front of them chucking in in their 2p's worth, taking sides and interfering.

 

Unlike a highly emotive, distressed and obviously partial party, a court has to look at the bigger picture. A court has to rise above, open to hearing all aspects of an arguement, putting the parents to one side and focusing on the needs of the best interest of the entire family and child, making judgement without getting suckered into emotive and reactionary actions.  

 

It is very much a sort of environment which needs to be heavily controlled and severely restricted to the litigants and the interested parties only.  

Edited by ECCOnoob

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1 hour ago, Anna B said:

Yes I can imagine Daddy.  I know nothing of your personal situation, yet from your posts on here, you are obviously a very devoted father. You make my case. I'm happy for you

Thank you Anna I try my best. Don't always get it right but we muddle through 😁

39 minutes ago, ECCOnoob said:

Why does it have to change? 

 

 I think you need to be very careful about opening up a court dealing with such sensitive and distressing issues.

 

Why exactly should aunties, uncles, grandparents, distant relatives, best friends, neighbours, the friendly barman and the bloke from the betting shop all be entitled to sitting having a good nosey at very sensitive and personal dispute being thrashed outing front of them chucking in in their 2p's worth, taking sides and interfering.

 

Unlike a highly emotive, distressed and obviously partial party, a court has to look at the bigger picture. A court has to rise above, open to hearing all aspects of an arguement, putting the parents to one side and focusing on the needs of the best interest of the entire family and child, making judgement without getting suckered into emotive and reactionary actions.  

 

It is very much a sort of environment which needs to be heavily controlled and severely restricted to the litigants and the interested parties only.  

So when social services wrote Provable lies about me in their 'reports' , lies which would have certainly cost me my kids you don't think I should have been allowed  in court to defend myself and show their corruption?

 

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20 minutes ago, The_DADDY said:

Thank you Anna I try my best. Don't always get it right but we muddle through 😁

So when social services wrote Provable lies about me in their 'reports' , lies which would have certainly cost me my kids you don't think I should have been allowed  in court to defend myself and show their corruption?

 

“Corruption “ ?

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3 minutes ago, hackey lad said:

“Corruption “ ?

Yes.

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23 minutes ago, The_DADDY said:

Yes.

What were they going to gain ?

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29 minutes ago, hackey lad said:

What were they going to gain ?

My daughter away from me.

According to my solicitor it's very common for men to be vilified by ss especially if they are a single parent. The first time I met the 'social worker' she made it perfectly clear she didn't like me, from there it was a downward spiral of lies, attempted manipulation of the kids, putting words in our mouths, more lies etc etc. 

At the 'meetings' you'd think I was Hitler the way they spoke about me. Absolute strangers who met neither the kids or myself would come in and state how I was an unfit patent for various reasons, none of them made sense. I was so sure I'd lose the kids I seriously considered suicide until I picked myself up, found a good solicitor and moved forward. My solicitor was shocked at the abuse of procedure, the lies (provable lies) and the utter contempt shown to me at these 'meetings' to the point she tore a strip off them and filed several complaints. 

Social services are scum.

 

Now, I've said all I'll say about that. It was a horrible time for the kids and myself and I don't particularly want to relive it but I'll say I wouldn't wish my worst enemy to go through what we did.

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4 hours ago, The_DADDY said:

Thank you Anna I try my best. Don't always get it right but we muddle through 😁

So when social services wrote Provable lies about me in their 'reports' , lies which would have certainly cost me my kids you don't think I should have been allowed  in court to defend myself and show their corruption?

 

You would have been.  Private court doesn't debar the actual Litigants to the case attending, in fact, many family practitioners encourage it.

 

But that is very different having open court where any Tom, Dick and Harry can rock up and start earwiging and interfering.  Something which most courts find is certainly not in the best interest to resolve an already polarised and highly contentious issue.

 

I'm very sorry you had to go through it. It is very difficult. It is very challenging and it is very upsetting and I'm sure you would not want the circumstances you described all being played out to any random member of the public who was bored on Thursday afternoon and fancied popping into their local court to catch upon the latest drama.

 

Reading your post to Hackey, you have sort of demonstrated the legal system in action. You were wronged by the social services, your lawyer use their knowledge and skills and drafting to respond to such, highlight the obvious breaches of policy and misconduct and led you to resolution.  Presumably, if it got litigated into court, your lawyer would have made representations and put that all before the judge to make their own decision. 

 

Ultimately that's what solicitors are there for. That is the profession and the service they provide. Whether people like it or not, its a  service which needs to be paid for.

Edited by ECCOnoob
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