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Medical Report submitted by Applicant with Form E

  • Laurie
  • Laurie's Avatar Posted by
  • Junior Member
  • Junior Member
25 Aug 12 #351845 by Laurie
Topic started by Laurie
The Applicant in an upward variation registered this year has submitted a psychiatric report commissioned privately. I am assisting the Respondent and have heard that any report of this nature must be obtained from an independent expert witness by Order of the Judge and by mutual agreement between the parties as to what is requested to be included in or requested in the report?

Can one seek the removal of irrelvant (medical letters dating back to 1995) paperwork from the attachments?

Thank you

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
25 Aug 12 #351848 by soulruler
Reply from soulruler
Not sure I know the answer but might be able to help.

When was the original award for maintenence made and does the 1995 disclosure go back to the time that the award was made in the first place?

Was the evidence adduced at the time, was it relevent at the time? How long was the marriage, how old are the parties now and is there anything else you think relevent?

Why do you think the evidence is not relevent?

I have adduced medical evidence during proceedings, some of it to family after a final hearing and I asked permisson from the court to adduce on a D11.

The other side objected vigorously but in that case I believe on no good grounds as I was asking to adduce in part evidence that my ex had attempted to have me sectioned behind my back.

That was relevent as were the medical team expert evidence that I was a victim of DV not a DV perpurtrator which was the false allegation made.

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