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Finding of fact hearing next, what to expect?

  • anny
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16 Oct 12 #361361 by anny
Topic started by anny
Hello,
Today was my second time I have been in court, CAFFCAS didnt file their report from both our statements apparently they didnt receive it!, anyway today was agreed to do a finding fact hearing and the judge wants one day and a half for this, but it os just delaying the process more and more :(, I still going to see my daughter 2 hours forthnight on a contact centre, I dont know how to feel about this, all I know is what should I do? what to expect?, what to gather for this finding facr hearing?, how can help my case more and get my daughter back from my controlling, violent ex husband?.
I felt the judge doesnt like these delays either but it is just my ex who is being unreasonable and delaying things, asking for police reports, when it was me who called the police on him!?, asking for his mum and sister to be witnesses??.
Please advice, thanks.

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22 Oct 12 #362287 by WhiteRose
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bump

  • anny
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17 Jan 13 #374888 by anny
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bump

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18 Jan 13 #374923 by rubytuesday
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Anny

When is your hearing, and what fact(s) are the Court trying to establish? Are these the same allegations your husband has made against you that you detail in an earlier post? If so, you will need to prepare a response to each and every allegation, the drug and alcohol will be the easiest to prove as false, which in turn will cast doubt on the rest of his allegations (some of which are extreme).

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18 Feb 13 #380294 by anny
Reply from anny
yes it to those allegations he has made against me.
We had the hearing today, never got to the contest and my ex wasted the judges time, I was willing to compromise with him under his conditons, drafted an agreement for 5 hours then he backed off on him, waited 3 months for this hearing and gonna have to wait another 6 weeks for another full day for the contest!, just because he felt like he didnt want to agree anymore, cant he actuallly do that? waste legal aid money?
I just dont know what else to do, the judge wasnt happy, the judge drafted an order saying that gthere is not prove to any of the allegations he has made against me and that he cant agree to anything and that he is complaining about his own barrister too, and wants this matter baack minimum in the next 6 weeks in any north west county court.
So what should I expect next time in the contest?, will it be all down to his conditions again or can I push for more hours to start off?

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18 Feb 13 #380306 by Fiona
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Frustrating though it is hang on, you are nearly there.

When someone makes allegations courts shouldn''t assume they are true but may have to treat them as though they might be true until there is finding of fact hearing where the evidence is heard. When it no evidence is found to support the allegations the case can then progress to a final/contested hearing where if no agreement still can''t be reached the judge considers the results of any investigations and the welfare checklist before making a decision.

Each party (or lawyers on their behalf) has the opportunity at trial to put their case and cross-examine. Because there was no proof of the allegations they shouldn''t have any bearing on the final decision.

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