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final hearing statement

  • bloss
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06 Apr 10 #196449 by bloss
Topic started by bloss
Hi all,

I have my final hearing next wed/thurs and I have recieved a copy of EX's statement in the post today.

It is full of untrue accusations about me and my actions regarding the current contact arrangements. I am the applicant and along with the CAFCASS officer I have agreed to shared residence (alternate weekends as now and two nights each week).

This hearing is costing a small fortune as I ve had to instruct a barrister as well as my solicitor. I just hope it all gets sorted. Im not being unreasonable with my request the kids are happy with that arrangement, it's just him being difficult.

Do I need to counter everyone of his lies, or is it just his word against mine? Im not sure I can prove things he is saying are lies. Ie that I leave the children unattended, that I am late in picking children up, late bringing them back..etc

Any advice would be appriciated thanx

  • TBagpuss
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07 Apr 10 #196698 by TBagpuss
Reply from TBagpuss
You will have the chance to respond when you give your evidence,but unless you were ordered to fiel a statement in response you don't need to do anything 'official'.

You may find it useful to make notes of any specific times when you were late and why (for instance, if one of the children was ill, or the car broke down) and any times he has been late/unreliable to give to your barriaster as this may be useful to her in asking you and your ex questions and yes, ultimately it is your word against his, and which of you the Judge finds more beliveable.

However, unless there are very serious and longstanding problems with time keping I would not expect this to be a huge factor in the decision the court makes. Teh court will give a lot of weight to whatever recommendations the Cafcass officer has made.

I am sure your solicitor & barrister will talk you through it before you go into court.

Good Luck!

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