Lawyers alarmed at criminal charges in family cases | Headline News | Law Times News
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What really is scary about false allegations:
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Very impressed to see such a diverse set of lawyers clearly articulating a lot of the problems.
Good Luck!
Tayken
“Over the past 10 years, I have noticed an increase in the prevalence of these types of offences with a disturbing trend to use the criminal process as a quick means to obtain exclusive possession of the matrimonial home and thwart custody and access to the children of the relationships,” says Neuberger.
“I have successfully established fabrication in at least 15 per cent of the cases with very clear contradictions in evidence, including differences in affidavit evidence tendered in the family court proceedings.
Yet not one case resulted in charges being laid against the complainant.”
“I have successfully established fabrication in at least 15 per cent of the cases with very clear contradictions in evidence, including differences in affidavit evidence tendered in the family court proceedings.
Yet not one case resulted in charges being laid against the complainant.”
“So if you want to play the game, ‘I want custody, I want to control the situation,’ often people will take the position, ‘I’m going to call the police,’” says Maltz.
Immediately, the accused leaves the home and can’t communicate with the spouse and the children or come within a certain distance of the house. That makes the issues of custody and access more difficult.
Immediately, the accused leaves the home and can’t communicate with the spouse and the children or come within a certain distance of the house. That makes the issues of custody and access more difficult.
“The sad reality is that legitimate cases of abuse get tainted with the same incredulous brush,” says criminal defence lawyer Roots Gadhia.
As both a criminal and family law practitioner, Daniel worries the situation could lead to further abuse of the criminal justice system.
“It usually comes about when there’s a matrimonial breakdown and then police are called,” she says. “I’ve had a lot of criminal clients that have had proceedings against them . . . and family court proceedings follow.”
It’s difficult, she adds, to discern fact from fiction. Clearly, the issue of abuse between couples is one the courts take very seriously. But it’s also clear to many lawyers that some people use the process to further their own family law case.
“It usually comes about when there’s a matrimonial breakdown and then police are called,” she says. “I’ve had a lot of criminal clients that have had proceedings against them . . . and family court proceedings follow.”
It’s difficult, she adds, to discern fact from fiction. Clearly, the issue of abuse between couples is one the courts take very seriously. But it’s also clear to many lawyers that some people use the process to further their own family law case.
Good Luck!
Tayken
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