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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Challenging, difficult case*** How and where can I report

Customer Question

Challenging, difficult case***
How and where can I report and complain about a circuit judge and get the case investigated, examined and re-opened?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
What are the circumstances?
Customer: replied 1 year ago.
I made an application - C100 with C1a - for changing residency of my son from mother to me the father. With this application and with my long statement I attached an audio recording on CD where the court and the Judge could hear the evidence about a corrupt lier psychologist.On the 27th of Sept 2015 a psychologist visited me and my son in our home, where the psychologist had a long conversation with my 10 years old son. I lost faith in the whole procedure and act of social services as I noticed many lies, fake and misleading reports, unfairness by them - showing and given to the Judge on several occasions.My son's appointed guardian made her concern very clear to the court in the summer about social services contacted this psychologist privately before he visited us and before he made his report to the court.
So I secretly recorded the conversation between my son and the psychologist.
My son disclosed with the psychologist that he was physically hurt at mother's not even once....(my son complained about it several occasions in school, and on 2 occasions the police questioned him as well, where he always complained about bad punishment, bullying and physical abuse at mother's).... My son disclosed with the psychologist that his mother called him on the phone and requested him to say to social workers and to the psychologist that he hates me, and doesn't want to be here with me etc… (I have an app on my phone, and yes, it recorded that the mother is telling it to him on the phone).
During their conversation the psychologist was pushing my son - him to say that he is so upset about me. But my son was telling him that he is not upset, just tired and sleepy, cause he just woke up. Psychologist pushing him twice to accept that he is upset, but my son states always that he is not, but the psychologist did not want to understand it. later the psychologist asked him where he would like to live. My son stated that he doesn't know. So the psychologist said to him that no problem, it will be not his decision but the judge's decision. Psychologist said: maybe the Judge will say that it will stay as it is now, that you will live with your father 4 days a week, and be at your mum's 3 days a week.2 weeks later we had a hearing where the Judge did not hold a hearing but sent out an order saying that everything stays as it was no change was made in contact. (how the psychologist did know this already???? 2 weeks earlier telling it to my son????)Anyway, the psychologist made a report to the Judge, and he did not mention at all anything about the meeting what he had with my son.
Customer: replied 1 year ago.
On a hearing in December I questioned the psychologist, and asked everything from him what I heard on my recording. The psychologist replied and gave evidence under oath as follows:- “No, the child did not tell me that the mother called him on the phone then requested him to say to the social worker and to the psychologist that he hates his father, he doesn't want to see him etc...”- “No, I did not talk with the child about that he was hurt by XY in December 2014 at the mothers.”- No, I did not asked the child where he would like to live.”- “No, I did not ask the child how many days he would spend with each parent”- “No, I did not tell to the child that it will be not my decision, but the Judge will decide if it would be the same like 4 days at father's and 3 days at mother's.”After the psychologist gave evidence, I told to the Judge that I can prove 100% that he was lying and seriously withholding very important details what would lead the whole case to a very different direction. The Judge did not even bother to ask me to show the evidence, but based on the psychologist's report she ordered that the child will live permanently with the mother and will be not allowed to meet with me or talk with me just only for 2 hrs/month supervised.
I have not seen my son since 18 Dec 2015 as social services and mother are playing a serious game holding him away from me.
I met some of my son;s school mates, who told me that my son sometimes cries in school and on occasions without reason.
So 2 weeks ago I made an application sending the recording, transcript of the recording to show that the psychologist was lying under oath and was withholding important information what is the most important in our case.We had a hearing today. It was only 5 minutes long, I was not even allowed to talk - even it was my application, I paid for it.
In the last minute when the Judge stated that she is not going to re-open the case and that is it, I asked her if she was surprised listening the CD what gave the proof about how the psychologist lied. I asked her if she would confirm if the psychologist seriously lied in his evidence under oath and would she accept that she made her order based on this evidence? The Judge said no, she doesn't accept that the psychologist lied, and there will be no more hearing because what she ordered in december - it will stand as it is. And she left the court room.here is the order after this short hearing:
"The Applicant Father’s application dated 8th February 2016 inviting the Court to “re-sit the case, deal with the breach of order and remove the child from the primary care of the Mother to the Father” is dismissed in light of the judgment and order of Her Honour Judge XY dated 18th December 2016"I made a complain and reported the psychologist officially to the British Psychoanalytic Council and to the Health and care professions council.But I need to do something to report the behaviour and unfairness of the Judge, and report and complain about that she even listened and read the material of the recording, she still did not accept that the psychologist lied under oath.What can I do to report the Judge on the most serious official way when after somebody officially will deal with it overruling this circuit judge and examine the case?
I can not afford to make an appeal on the court of appeal, and I can not afford solicitor at all. I am paying back thousands of pounds from the last 5 years what I spent on the case. Seriously in credit debt...
But this serious corruption or I don;t know how to call it has to be stopped.
So I need help...
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you but need some further information firstWhy did you not appeal the original order?
Customer: replied 1 year ago.
I tried. First I appealed on the same court. They said I should appeal to the court of appeal as appeal was not granted at the same court.Then I sent my request appeal to the wrong court in London. They sent my papers back. At the meantime I did run out of the 21 days given time for requesting an appeal. Anyway I received an email from the original Judge from the original court that if I have reasons I can make application to them still. Why was this email? Because I sent my concern about the psichologist and about the information from the children who were saying my son is crying in school sometimes. And I know how he has been missing home as he lived with me for years without any issues or problems.
So I made my application straight away to the original court asking to re-open the case but with an other Judge or send my application to a higher level. I made my concern about my son, about mother who is telling to socual services my son doesn't want to come home and about I haven't seen my son for nearly 2 months now cause social services pushed me to go somewhere to play bowling with him for 2 hrs rather then come home playing with his border collie puppy go out cycling fly his drone see his budgie and soend valuable time with us. I rejected the bowling idea. Had a chat with guardian who agreed there is no issue at all why the child should not come home. At the end I had no choice so I needed to accept the bowling. When
Customer: replied 1 year ago.
When I did, soc services said its too late...I can not meet with my son. On the hearing yesterday I read a letter from mother who said I did not want to meet my son and they told it to him.So answering your question ...I did not apoeal at the end as I thought I had a chance with the new application. But the same just was sitting it who was so rude, did not let me to say one word but she just stated everything stands as it was ordered. And sge said even she heard and saw the proof she did ni accept the psychologist lied under oath and hid information. Unbelievable
Expert:  Clare replied 1 year ago.
How far has your professional complaint against the psychologist reached?
Customer: replied 1 year ago.
Would it be easier if I call you through on this website? When would it be suitable?
Customer: replied 1 year ago.
Both responded saying it will take long time for investigating it. They were asking for transcript of course - what would cost min. £400 as I have already asked the court about it. Anyway it doesn;t really matter. thje main issue is that I thought if I make the new application what was allowed to do, and I attached the recording and transcript what was a clear proof that everything what the psychologist replied to my questions was a serious lie os he gave false evidence under oath on keypoints, wrote misleading report and withhold;d important information from the court and proceedings and violated the code of conduct of professionals working with children not listening what the child told to him, and not taking any steps o protect him or discuss the issues with other professionals and share it with the Judge.
So the Judge yesterday just dropped to me that she did not accept that the psychologist was lying and left the court room straight away without talking about any issues why I cn not see my son, why social services and mother is manipulating the child, and anyway why could an order based on seriously false evidences by corrupt professional.I really need a solution to find out what is going on, and to re-open the case with a Judge who will listen and check everything carefully and deal with it. It is extremely strange that even a circuit Judge accept lies under oath, and do not care about clear facts and evidences. This Judge accepted 14 breach of orders by the mother and even followed no consequences when the mother removed the child from the UK last August without permission breaching several orders.
This case turned to be extremely complex now, but I simple just need to find out what to do with this horrible order what was based on misleading, seriously false statements by professionals included Social services, who never ever visited me and my son at mine , but over 15 times at mother's where the child always repeated what the mother requested from him.I would top up with min. £50 tip if you can lead me what to do exactly please regarding to re-open the case or appeal on a level what would deal with this much more seriously.
Expert:  Clare replied 1 year ago.
When will your son turn 12?
Customer: replied 1 year ago.
Excuse me?
Expert:  Clare replied 1 year ago.
Sorry I have just noticed he is 10 not 11 - I was hoping he was closer to 12 than he isHave you had a transcript of the tape produced?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
So you have the tape and a transcript.Do you also have a transcript of the evidence that was given in court?
Customer: replied 1 year ago.
My son is 11. His birthday was 2 weeks ago. A Judge can not just ignore important clear evidence and based on a seriously corrupt psychologist who denied what he was talking with my son? Professionals with children can not do that and I want to do something for it ASAP please. Is there a way?
Expert:  Clare replied 1 year ago.
can you answer the last questions please - this is a matter of trying to find the best way forward for you
Customer: replied 1 year ago.
No I haven't got the transcript. Judge, guardian was there and witnessed. So I sent the transcript and CD copies with my application. The same Judge dealt with it who said she doesn't care and left the cout room.
Customer: replied 1 year ago.
The transcript would cost £400. I am afraid it would not help as the Judge already could ignore it even she knows what she commited.
Customer: replied 1 year ago.
I just paid £215 for this application and the hearing did last for 5 minutes. And will be no more hearing.
Customer: replied 1 year ago.
The Judge knows I have no more m
Customer: replied 1 year ago.
...oney. i needed to make 5 application in 1 year because mother breached court orders on 14 occasions. And the icing on the cake was the corrupt lier psichologist.
Customer: replied 1 year ago.
Can I request the transcript for free somehow?
Expert:  Clare replied 1 year ago.
There is no way of getting the transcript for free and you MUST have a copy - there is nothing that you can do without it.Once you have the Transcript of the evidence, plus the transcript of the recording and some form of official evidence that the recording could not have been tampered with THEN you have a chance to taking the matter further.Without it I am afraid that however unfair it is you are not going to be able to rely on the fact that you can prove the lies to help you.With the evidence then there is a chance.As a starting point the professional body could not ignore it.and secondly you could consider applying for permission to appeal out of time based on the evidence of perjury which cannot be ignoredIn the mean time an alternative option is to consider getting separate representation for your son - which appears to have bene lacking until nowPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you. I would need to know exactly what you mean under "taking the matter further". Where further and how? They can say that this recording, the evidence obtained illegally, and I am sure that they will say that. But even so, it is the truth, and a child is the victim of it.
if I will pay £400 for the transcript of the hearing, and they will just say - the recording was illegal, and it is not a matter now, what will I do?
How could I get separate representation for my son who I have not seen since 18th of December? An the whole case is in the hand of the guardian and her solicitor who are the friend of the psychologist, judge and working for the government just like the social services?
They all know about it. They all received the transcript, the recording, my application, and they do not care at all, just like the judge. The order based on the psychologist's recommendation and lie, the child is living with a parent who could not follow rules, law and orders, and because of this they rather did not give the chance anymore to her to breach orders, so they chosen her as primary carer and me without seeing my son even he lived with me without any issues for over 4 years.
How is it possible that non the guardian, non the social services, non the judge do not care about how corrupt could be a psychologist? Because he works for them.
I can not do anything for my son at the moment, but I cn do something on a serious official way not to just let it go, as a Judge and psychologist can not be this corrupt for the sake of a mother. I imagine it happens in many cases. How many children lost his parents or one of them because professionals do lie under oath, faking reports and do not care about the families and children but just about their jobs?
how dangerous it is if this psychologist, judge and social workers continue to work like this? how many children and parents will be effected more and more?I know that I would need the transcript for £400. I know I could still appeal. I could even appeal the hearing 2 days ago, as I made a proper application with clear evidences and this application was not dealt with at all. So why people can make applications, and why people pay for that? I should be heard at the court, but was not at all. This Judge clearly said she is not going to deal with it, do not accept it and left. how is it possible that she simple denies and refuses a so important evidence for a child's sake???
I am sorry, but I need stick to my original question:"How and where can I report and complain about a circuit judge and get the case investigated, examined and re-opened?"
I need to make steps not accepting how a Judge treats a case. It can not happen in the world especially in the UK that in family law, in child proceedings Judges accept lies and corruption by professionals playing with the governments money, and people's life especially a child'd life.
Expert:  Clare replied 1 year ago.
You can certainly make a formal complaint about the behaviour of the Judge - and the process is described herehttp://judicialconduct.judiciary.gov.uk/making-a-complaint.htmHowever the only way to get the case reopened is to appeal the Order - or to have grounds to make a further applictaion NOT linked to the basis on which the other hearing was decidedThat was the problem with your latest application - it was base don what were grounds for appeal NOT a new matterClare
Customer: replied 1 year ago.
For me the new matter was that my son's classmates told me that he is crying sometimes in school. I made an application straight away cause I knew how he felt and I knew whu this unlawful order took place.
Customer: replied 1 year ago.
I asked the court to make a hearing with an other Judge who will deal with the fact of the fake evidence given by the psycho and who would care about my son. But the same judge was there as i said, and my application was not dealt with at all. Why could the judge say she doesn't accept that the psychiologist lied in everything under oath and did hide everything what he spoken with the child? Why could she do simple that? They have no supervisor or somebody who checks their work?
Customer: replied 1 year ago.
I discovered lats week the page where I could make a complain about the Judge. I was not sure what should I tick as conflict of interest. https://webapps.judiciary.gov.uk/JCIO/complaintlink.doThe fact: as I got the same Judge, she simple stated that she was not going to deal with my application and re-open the case, what I understand why cause I should just appeal.
But why she did not deal with the fact that my base was for the new application that I heard from the kids that my son is crying sometimes, and he is not able to share it with adults and professionals, because he knows if his mother will know about it she would be extremely angry, horrible and would shout at him or punish somehow.
And because of this basis of course I made my point why the order in December was a mistake based on a manipulation and fake statement/=evidence by the psychologist.
So this was not dealt with at all, and the Judge left straight away. The only thing what she did, asked the mother if she want to remove the child from th UK. She asked her to got to take oath and say no. That was it.
I was not allowed to explain my concern about my son, and was not allowed to explain or say anything about my evidence and proof as the audio recording.
So on this way the Judge protected herself and did run away from the fact that she made a wrong decision accepting a professional's fake statement and evidence without listening me that I had proof what would show 10% that he was lying in everything.So would it fit to any of this, or this whole thing would not fit into the judicial conduct complaint?- discrimination
- inappropriate behaviour or comments
- misuse of Judicial status
- not fulfilling judicial duty
- professional misconduct
- tribunal handling of a complaint
- miscellaneous
Customer: replied 1 year ago.
10% = 100%
Customer: replied 1 year ago.
So if I have no money, as I have no money at all but dept to pay back on my credit cards because of the loads of application, fees, solicitor etc...from the past years, it means that no one will care about what was happening? Even a court, the judge received it, even social services, guardian received it? Nobody cares and it will just go away as it is?
Expert:  Clare replied 1 year ago.
I would opt for discrimination: inappropriate comments and not fulfilling judicial duty
Customer: replied 1 year ago.
Sounds good, this is what I thought as well.
And what would you put as reason next to the inappropriate comments.....and not fulfilling judicial duty....?
Customer: replied 1 year ago.
Now I requested the transcript from the hearing. I just paid £350 for it 5 minutes ago to the transcript agency.
Customer: replied 1 year ago.
They already had my request from the court, and they already checked the recording and found the 2 hrs duration part of the hearing what I would need.
Customer: replied 1 year ago.
It would be very helpful if you could suggest what to write please:...what would you put as reason next to the inappropriate comments.....and not fulfilling judicial duty....?
Expert:  Clare replied 1 year ago.
Allowed her annoyance with the applicant to lead her into a situation where she failed to acknowledge that there was potentially evidence of perjury and to put the concept of Justice first
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Complaint sent. Thank you
Customer: replied 1 year ago.
"I am writing further to your complaint form received on 16 February 2016 to inform you that the Judicial Conduct Investigations Office (JCIO) is unable to accept your complaint for consideration.
The JCIO does not have the remit to investigate an allegation where there is no evidence of any misconduct. Rule 8 of the Judicial Conduct (Judicial and other office holders) Rules 2014 requires that your complaint meets this criterion if it is to be considered as valid."
Expert:  Clare replied 1 year ago.
Sadly this is not unusual