True, courts do not often make positive findings that allegations have been fabricated, more often they are left in that hinterland of incompatible experiences and memories. But as a matter of law a non-finding means that the allegation was false – even though it may not have been dishonestly made – if I consider all these non-findings it is difficult to accept that the number of ‘false’ allegations (in its broadest sense) is small. BUT, as the literature review that accompanies the report makes clear, the proportion of allegations that are even tested by a fact finding hearing has historically been pretty low (meaning its hard for anyone to really assess the rate of false allegations), and of course the only cases I really see are those which fall within that minority. So here I can see I don’t hold experience that is necessarily representative.
The panel received a number of submissions from individual lawyers about their experiences in child contact cases. Some of these submissions indicated that lawyers have advised their clients not to raise domestic abuse because it would ‘anger’ the courts or be ‘counter-productive’. This evidence suggests that some lawyers do encourage their clients towards settlement in such a way that minimises or dismisses domestic abuse. For example one lawyer who made a submission to the panel said: ‘Victims are often persuaded by their lawyers not to mention abuse, being told the courts don’t like it and it will harm their case. If it is raised, victims are often told by the courts that it’s ‘all in the past’ or, in one case I had been ‘too confrontational’, or that it’s not relevant.