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Fact Find. Trial

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Philta | 23:47 Thu 17th Jan 2019 | Law
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After 10 months of lies and allegations against my son it is now going to a fact find trial. My son has had his two children age 8 and 5 all this time as his wife assaulted the 8 year old while drunk when they were in her charge. The children were taken to a hospital and my son was called the next day and they were placed in his care. This is not an isolated case. After this she has made allegations against my son accusing him of domestic violence going back to 2007. All lies as she was the abuser during this time. She keeps pushing for a fact find trial and the judge has agreed. This case should surely about who has the children and their capabilities as my son said what has happened in the past won't happen again as they are no longer together. At the start of last year he had a wife a home a job all this went with one phone call. He was evicted from house with the children as landlord was mother in law. Moved 4 times into emergency housing and thankfully now has a permanent home . What is the judge thinking he was going to throw it out last hearing but she insisted it is ongoing. That was 7 weeks ago. Will the judge see through her lies eventually and do what is best for the children. Living with their Dad
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In order for the judge to make a finding he has to hear evidence. If she says it is on going he cannot decide until he has heard the evidence.

Judges are generally not stupid (despite what the popular press would have us believe). If he made a ruling without hearing evidence it would be appealed.
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I understand he would need to give here the chance if it was ongoing he had given them both chance to put forward the last six incidents as long as they were not historic. She has not added any ongoing incidents.The latest one was 2014. My son has put some incidents down but does not want to mud sling as it all over now. My son was in hospital when the hearing was held so was not there to hear what was going on. I am gobsmacjed that judge is carrying on as it is still historic and last time he wanted to throw it out until she kicked up a fuss. This is all costing tax payers money as they both on legal aid. I hope as you say that the judge is not fooled by her

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