Hearsay in family court.

A Williamson made this Freedom of Information request to Ministry of Justice

The request was successful.

From: A Williamson

16 December 2010

Dear Ministry of Justice,

Under the freedom of information act I would like to know the
following.

It is my understanding that although hearsay is not admissible in
criminal courts it is admissible in family courts. Is this true?

If it is true, is there a statute of limitations that covers how
long hearsay can be used for, in other words is there a time limit
from when the hearsay was first said to when it can be used?

Also, if an incident occurred that was looked into by the local
authority and the police at the time it occurred, no charges were
ever filed, no formal statements taken, no cautions etc and the
local authority at the said time dropped the incident due to not
having enough evidence etc to say that it did or did not happen,
can that be used as hearsay in court? Again if yes how many years
after the incident can it be used for?

Finally, if a child says something due to being upset by a parent
or carer and then later admits that the allegation was false or
exaggerated can it be used in court. If the child retracts the
statement formally in writing can it be used in family court?

Thank you.

Yours faithfully,

A Williamson

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From: Malvo, Kathleen
Ministry of Justice

15 February 2011


Attachment A Williamson final.doc
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[Subject only] Hearsay reply attached

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Liz R (Account suspended) left an annotation (21 February 2011)

Quote-marks http://www.whatdotheyknow.com/request/ha...
Kathy Malvo, can assure judges have no idea of enormity yet - huge miscarriages of justice taken place, have to be rectified, hearsay can be made-up nonsense and is not tolerated elsewhere- this stinks

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