2nd Hearing and Scott Schedule

Hi,

I have my 2nd hearing for a shared residence order on the 4th of January and am self representing. I was sent my stbx's statement and from what I have read a Scott Schedule is a response to her statements. In her statement she only mentioned my daughter once. My response was to her reasons why I should not be allowed to have my daughter stay over weekends. It occurred to me after I gave my statement to the court office for processing that I should have put in more detail as regards my concerns for my daughters welfare. The hearing is for a full day, will I be able to raise these issues at the hearing or will the judge just go by the statement of my stbx and my response? I felt that my stbx's solicitor took advantage of me in the first hearing due to my knowledge of the processes as after I had asked for amendments to the first order he went in by himself to see the judge and I didn't know if I should go in aswell or if I did whether I would be crossing some invisible line for court procedures!! If anybody has some good advice on which areas I should read up on and prepare that would be appreciated. Thanks

Sorry, it seems your post was was missed. How did you get on? Did you ask for a Scott Schedule and/or was it ordered by the judge?

It was slightly intimidating as it was in a court room and they had tape recorders going, but after a short while it became OK.

My stbx's solicitor questioned me thoroughly and even tried to make me lose my temper with some questions. He also asked me when I was going to issue divorce proceedings and I just replied that I would need to seek legal advise but possibly in the near future.

I then had to question my stbx but the judge intervened and took the questioning over, she was found to be lying on cerain things and the judge spotted it and told her solicitor.

The end result was I now have a 3rd hearing which is scheduled for 30 minutes after March, but at least the judge allowed overnight stay on alternetaive weekends (just Saturday night) and the alternate Saturday's and Sundays from 10am - 5pm. My stbx's argument was basically it gets dark too early and that she did not like being alone at home.

Is teh 3rd one the final one, i don't know at the moment. If it is do I have recourse to appeal or file a further application?

Hi, most judge's will help you if you are self representing, I had to self represent until recently when I managed to instruct a solicitor, but the judges are very supportive and will listen to both sides and will look straight through the other side solicitor, my judge did and overuled many ridiculous issues that they tried and the judge if anything supported me and gave me the time instruct a solicitor , and ultimaltey the judge always makes the final desicions/orders ect not the solicitors. It is normal to be grilled ect again the judge know's only to well! In addition the judge is not likely to accept your ex's excuse for "I don't like being on my own and it is dark" that's her problem and doesn't affect child contact with the non resident parent and is totally irrelevant to your case. All I can suggest is that you put all your points over and write them down to present at your next hearing and make it clear what contact you require, just make sure that you can accomodate what you are asking for. Defend the fact that her reasons are unjust and unreasonalble. Appeals are difficult as many people on public funding cannot appeal as the LSC cannot provided enough public funding for appeals in most but not all cases, you have the right to appeal but it could be costly

I understand, I am staying strong. The judge had been considerate but in the last hearing he didn't really look at my allegations but its in the past now. Just waiting for the last 3rd and I assume final hearing which is to be scheduled.