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Social Worker Biased and lied in court. Defamation?
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Which requires intent.
It is most likely that the social worker screwed up, perhaps with some encouragement from the ex. If the statements were made in good faith, no law has been broken. !!!! up is far more likely than conspiracy.
It sounds like the social worker may be guilty of misconduct, but little else.
I wrote knowingly giving false testimony, which covers intent. Very difficult to argue there was no intent to lie if you know you are lying.
The other way of looking at it is they were negligent if they gave a statement to the court on oath without checking the veracity of what they said. Given that they are professionals with great power to affect the future relationships between parents and children, they must be held to very high standards.Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 20230 -
I suspect a more useful path would be to raise a formal complaint about the social workers conduct to their employer with the aim of getting her conduct investigated and a different social worker allocated to your family.I Would Rather Climb A Mountain Than Crawl Into A Hole
MSE Florida wedding .....no problem0 -
onomatopoeia99 wrote: »I wrote knowingly giving false testimony, which covers intent. Very difficult to argue there was no intent to lie if you know you are lying.
The other way of looking at it is they were negligent if they gave a statement to the court on oath without checking the veracity of what they said. Given that they are professionals with great power to affect the future relationships between parents and children, they must be held to very high standards.
True they are at the forefront of the families like me. So I am very concern about their conduct.
They make claim to do everything for the child welfare, emotional well-being, wishes and needs however they forget that person who has the children is causing more damage to the children by breaking their family in first place. Allegations are made and the only person suffering are the children.
Now if the Social Worker is biased and leaning towards one of the spouse then obviously it is not about the children but they sympathise they parent.
In my case the Social Worker obviously lied because the School is denying reporting anything like that to the them. I sure they should put their hands up and apologise. but instead they are now angry and abusing their power to cut down my twice a week visit to once week and the first visit yesterday since the court hearing was cancelled.
Even the court said I can see the kids however it is upto the Social Services to decided whether Unsupervised or Supervised.. unsurprisingly I got the supervised option and now only once a week.
I also complained to the Local Council and see what is the outcome and I also intend to put my point forward to the judge that Social Worker lied in your court and under the Perjury 1911 I request that she is charged or else I have option to report it to the police later on.0 -
I'm unclear as to why social services are so involved in the day to day lives of the children.
Are they in care?
This isn't a CAFCASS report and courts make Child Arrangement Orders
- Don't put that to the court, that's not how the legal system works.
Either the CPS prosecute or you can as a private individual, but a judge will not be pleased with you telling him or her what to do.0 -
The children are with the mother0
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The children are with the mother
So why is social services so involved in the day to day lives.
Typically the court asks CAFCASS for a report and makes an order based upon that and other evidence.
It's almost unheard of for social workers to have a say on an on going basis unless there's other factors, such as abuse0 -
I would suggest you consult solicitor.
You can make a formal complaint to the social services.
It may be possible to ask the judge to direct that Cafcass, rather than social services,prepare s report, but this will cause delay so the Judge will have to balance whether this is in the best interests of the children.
What other issues have been raised? I'd suggest seeing solicitor and checking what they recommend.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Did your children have an independent body looking ONLY to their welfare? In the case of my son and his divorce when the children were 2 & 4, there was a Guardian ad Leitem, a person appointed by the Court to look after the interests and welfare of the children and ONLY the children. He was entirely independent of the Court, Social Services of TWO counties, parents and any solicitors involved on behalf of either parent. It was his advice which brought the case down solidly on the side of my son, who received sole custody. His wife was granted supervised access every month, given money and travel warrants to see them. She has never done so since the Court gave my son custody, 18 years ago.
Ask if there was a Guardian ad Leitem involved. You are allowed to know who this is and you are allowed to contact that person: my son did.
You need legal advice, ask whichever solicitor you see, about the Guardian situation. Take as much paperwork as you have, with you.I think this job really needs
a much bigger hammer.
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Perjury.
Contempt of court (unlikely).
Opinion offered and subsequently rejected.
I'd be pursuing a complaint with social services myself. If the judge had considered it perjury or contempt he'd have done something about it.0
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