A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Abuse of Court time by ex

  • nsunkada
  • nsunkada's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
3 years 2 months ago #490070 by nsunkada
Abuse of Court time by ex was created by nsunkada
My ex-was asked to prepare new Scott schedule limited to 6 allegations. This is a Unless order as previous 2 Scott schedules have had more than 20 allegations against 5 limited by Court. Both were struck out.

With the third Scott Schedule, she has made 25 different allegations but generalized under 6 categories. For eg - Category abuse had about 7 separate incidents in them. The fact-finding hearing is on Wednesday (6 days left) and I still don't know if the 2-day hearing will carry on as normal or go to a final hearing (as directed in Unless order if she is non- complaint) or it would be a direction hearing as I have had no contact with child so far. She submitted Scott Schedule and exhibits to me on time but did not send a copy to Court. So court made fresh order asking her to submit Scott schedule before 10 March or face going to final order. She submitted on 13th March and only exhibits were submitted without Scott Schedule.

A contact order was made on 20 Oct last year after second non-compliance, but my ex immediately filed a rape complaint with Police. I was arrested, questioned etc. 2 days back investigating officer told me that she has applied for disposal of complaint but waiting for her supervisor to approve. I do not know if I don't hear about the closure on time what the Court is likely to do with 2-day hearing. The hearing could be vacated until they get confirmation of closure.

I am in a lot of distress as I do not know what to expect. I am unable to secure a barrister due to uncertainty and I do not know how to cross examine my ex if Court decides to continue with fact finding. If it is final order i have no clue what final order involves.

Can someone please give me advice?

Please Log in or Create an account to join the conversation.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
3 years 2 months ago #490084 by dukey
Replied by dukey on topic Re:Abuse of Court time by ex
Usually a fact find hearing comes first then the scott schedule after, sounds like you are going all around the houses.

Over i`d say the last 8 years the courts have tried to reduce the number of allegations to those that are paramount, or it can get silly, if the court direct list on x number then you must - you can`t go through the back door and list 1 with a list of others - the court can dismiss if direction is not followed.

Have you talked with a solicitor at any point?, if not find a decent family law sol that can help.

If you are attending a final hearing then just speak the truth, cross examination is where you and the ex can ask each other questions, or your lawyer does, if the other side does have a barrister and they confuse the pants off you, which they will often try, then just say i don`t understand what your asking.

Please Log in or Create an account to join the conversation.

  • nsunkada
  • nsunkada's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
3 years 2 months ago #490169 by nsunkada
Replied by nsunkada on topic Re:Abuse of Court time by ex
Many thanks Dukey,

I do have a Solicitor. This case has been going on for more than a year now. There has been 5 hearings so far, 3 scott schedule, and given the extensive work that was involved (to be dismissed) i have spent almost 20k. I have limited reaching out to Solicitors. But they seem to get involved with even silly things that i can manage by myself and end up asking for money.

I have decided not to go with Barrister anymore as they quoted 8400 for 3 day hearing. I cannot afford it.

The Courts are so dis-organised. Although they received documents of both parties and we informed court that her Scott schedule does not meet unless order, we still haven't had response given hearing is in 3 days. I feel courts are even more of torture than my ex.

Do you know how many cross examination questions i could be asked for individual allegation? i know it varies but i am trying to know the approximate number of questions i could face. I think 2 days of fact finding is lot for 6 allegations.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11