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Interim contact hearing

  • sc1000
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06 Apr 10 #196363 by sc1000
Topic started by sc1000
I have an interim contact hearing pending and had a couple of questions:

1) What is the procedure during the hearing (e.g., will I be expected to give oral evidence in addition to the written statement I have submitted? Will I be cross examined by my stbx or their solictor?)

2) Is it likely tha the court will make an interim contact order?

Any help or advice would be much appreciated.

  • onamission
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06 Apr 10 #196372 by onamission
Reply from onamission
Are you being represented by a solicitor? If so s/he do the talking to the judge.
Before going before the judge both sides have an opportunity to come to some agreement.

1.You may be asked questions mainly re your statement there shouldn’t be any cross examining, only the other side putting forward their case.

2.An order can be made on the day, but may not depending on circumstances. If allegations are brought up evidence will have to be provided and CAFCASS may also be involved. The judge will look at the statements and hear both sides; he will make a decision and direct how he wants to proceed with the case.

Hope this helps

  • sc1000
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06 Apr 10 #196381 by sc1000
Reply from sc1000

Many thanks for the advice. I am representing myself at court. During the first hearing the judge invited me and my stbx to submit written statements. The letter I received subsequently stated that:

"the oral evidence which the parties shall be entitled to bring to the final hearing of this matter shall be limited to those witnesses whose statements have been filed and served on all other parties and CAFCASS (where appointed) in accordance with the following Directions. Applicant and respondent by (date and time).

Whilst I have submitted my statement, my stbx has not submitted one. Does this mean that she will be unable to offer oral evidence at both the interim and final hearing? Give she has missed the deadline by well over a month will she be able to submit a written statement at a later stage?

Many thanks.

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