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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7868
Experience:  Barrister at law
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My son has gone through a court case to see his daughter and

Customer Question

Hi my son has gone through a court case to see his daughter and she has made accusations that he has beat her up when he hasn't and they said unless he admits to it he wont see his daughter but he said he can bot admit to something he has not done and there was no evidence found either
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Just had the final hearing and thats what they have said
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Stickport
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that's it as my son is devastated and wants to know if he can appeal
Submitted: 13 days ago.
Category: Law
Expert:  plclegal replied 13 days ago.

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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Expert:  plclegal replied 13 days ago.

Can you clarify if the judge made any findings about domestic abuse and what evidence was relied on to prove this in court?

He has 21 days to appeal an order, but there have to be appeal grounds established of an error in fact or law in order to do so.

Was there a fact finding hearing? Did they both give evidence?

Customer: replied 13 days ago.
They both was at court but they never had any they have gone by what she has said
Expert:  plclegal replied 13 days ago.

OK, and did the judge say that they believed her allegations without any evidence? And ordered no contact as a result?

Expert:  plclegal replied 13 days ago.

Hello, as I haven't heard from you I can only give a general answer. You can come back for clarification of course.

From what I can gather, the judge has made a ruling about domestic abuse existing in a relationship without actually hearing evidence on the point, with nothing to support any allegations by way of independent accounts.

Further, no fact finding hearing was conducted.

Your son has been told he cannot have contact unless he "accepts" what he has done is wrong, but he still maintains he has done nothing wrong.

Grounds for an appeal could be ion the basis of an error in fact (simply wrong factually), an error in law (failure to properly assess evidence) and procedural unfairness (lack of opportunity to argue a case/ have a fair trial).

He would appeal a decision on the N161 form - here: https://www.gov.uk/government/publications/form-n161-appellants-notice-all-appeals-except-small-claims-track-appeals-and-appeals-to-the-family-division-of-the-high-court

He has 21 days in which to do so.

He will need to request a copy of the order and also a court transcript from the hearing. These can then be sent into the court dealing with the appeal as and when they are available.

The transcript form is here: https://www.gov.uk/government/publications/order-a-transcript-of-court-or-tribunal-proceedings-form-ex107

I hope that this helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Expert:  plclegal replied 12 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter