In a high conflict family court matter, the complainant wrote to the Council expressing that during two hearings regarding the custody of her daughter, the judge treated her as though she was not a real person with any rights or entitlements.

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In a high conflict family court matter, the complainant wrote to the Council expressing that during two hearings regarding the custody of her daughter, the judge treated her as though she was not a real person with any rights or entitlements. She felt that the case was centred on a false testimony provided by her former partner about her mental health, and that even though she had submitted substantial health documentation proving that the allegations of mental health issues are false, it was ignored by the judge. The complainant felt as if her lawyer did not defend her case strongly enough and that her former partner should not have her daughter in his custody after having lied.

The complainant was advised that the Council did not have the jurisdiction to review complaints related to lawyers or other legal professionals, and that a judge’s decision-making authority extends to issues related to which documents may be accepted as evidence and the weight attributed to that evidence in court. In doing so, some evidence is accepted and other evidence is rejected. The Council advised the complainant that, should the she disagree with the findings of facts made by the judge, this would be a matter to take up with the courts possibly by way of appeal. The matter was closed.

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