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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 35879
Experience:  Over twenty-five years experience
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I just lost custody of my daughter yesterday and my ex

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I just lost custody of my daughter yesterday and my ex partner who I stated was abusive given permission to take her out of the country and live in the U.S, she is 7 years old and wants to live with her mum, a damning Psychiatric assessment was carried out on me paid for by my ex partner at several thousand pounds, and persuaded the cafcass officer to rule against me, however, the report is lies and no element of truth in it whatsoever, I have since had my own evaluation carried out and I do not suffer with such mental health problems. Can use this evidence to lodge an appeal, I stated in my statement that I had another assessment carried out but they would not accept it?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no appeal lodged yet
JA: Have you talked to a lawyer about this yet?
Customer: no not really
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Let me see if I can help and please rate 5 stars. You can seek to rely on this new report, but you will need to explain why you did not have the report previously. I would also be minded to meet with a barrister and get there assistance in drafting the appeal and indeed the grounds for appeal. I have attached a link to where you get find barristers on direct access - https://www.directaccessportal.co.uk

Happy to discuss and please rate 5 stars

Customer: replied 12 days ago.
orally i told them i had it on the 2nd day of hearing but they said it was too late, don't think this will even be recorded in the transcript but I have said i had been assessed and it was proven I didn't have disorder don't you think they should have asked for it? Can I lodge the appeal on those grounds by failure of judge to act?

The court should have made a ruling to prevent you from relying on the second report and as such that may be grounds for an appeal. Happy to discuss and please rate 5 stars

I have attached a link to a great book which may assist with the appeal process - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X

Customer: replied 12 days ago.
i'm sorry I don't understand the second one that I had carried out was the accurate one?, forgive my ignorance
Customer: replied 12 days ago.
oh yes i see your point now

The judge in deciding that you could not rely on the report should have made a court judgment - making it very clear why not, etc - if he did not then that may of itself be a ground for appeal. I hope this helps and please rate 5 stars

Customer: replied 12 days ago.
so you think there are a few ways around this which will allow the second evaluation be brought to the court, and that there is some hope, would I need the transcript still, if i just mentioned in my statement, that I had another assessment carried out would that be enough to go on

Yes although you need to act immediately. I would read the book as it should help with the appeal. Please rate 5 stars

Customer: replied 12 days ago.
ok, is it possible for judges in the uk to tamper with court transcripts and omit certain things etc which might have helped you in a appeal?
Customer: replied 12 days ago.
ie by not recording i could email it across to you later in the evening
Customer: replied 12 days ago.
which is what i said, but then the judge decided to go staight to the summing up

No, judges dont tamper with transcripts.

Customer: replied 12 days ago.
but it's easy to do, to prevent an appeal from happening, it get's typed out, sent to the judge for approval isn't it?

I can only talk from my experience and that they dont. I hope that helps and please rate 5 stars

Customer: replied 12 days ago.
yes okay thanks for that, are there other ways to change this custody hearing result or is this the only way to do it by appeal?

You would have to get a barrister to look at the transcript and see whether the judge got it wrong which is why I would suggest a conference with a barrister. Happy to discuss and please rate 5 stars

My pleasure.

Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks​

Thomas Judge and 2 other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
is there any circumstances whereby a judge would grant only seven days to appeal a residence order, or is standard to be given 21 days?

It Is the standard time.