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Statement vs Argument

  • Neophyte
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08 Jul 12 #342004 by Neophyte
Topic started by Neophyte
Hi,

Apologies if this has been asked before. I am self repping in contact application and finally have a substantive hearing in August. I self repped in Final Hearing for Ancillary Relief so am aware of the format though need some clarity around presenting my argument.

At the final hearing my ex was represented and her barrister was able to ask her questions about her case before I cross examined. Being self represented the equivalent did not take place, I assume because my statement stands alone.

Given this limitation does my statement therefore need to also contain elements of my case and argument or should argument be restricted to my position statement and possible a separate skeleton argument?

Thanks

  • TBagpuss
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12 Jul 12 #342694 by TBagpuss
Reply from TBagpuss
Your statement does not necessarily stand alone - you can still give evidence ''in chief'' However, in general, evidnce in chief is (1) confirming that what is in any statement was true when you signed the statements (2) updating the court with anything which has happened or which has changed dince the statement was made (whicch may incldue res;ponding to any new allegation or accustation which has been made since the statement was filed)

If your statement is correct and there have ben no changes or new deveopments then evidence in chief may not be needed.


Your statement should normally set out factual information and, in a contact case, can also include proposals as to what you think would be in your child(ren)''s best interests and whay you think that. This can indlude addressing any specific issues raised by your ex. It should not include lagal arguments.

if you have legal arguments to make then these can go in a skeleton argument.

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