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final hearing: late statements and CAFCASS query

  • Butnotnow
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28 Jan 13 #376610 by Butnotnow
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Re alldone69: Hi, it depends on how professional the Solicitor is. The risk with sending in yours first is that the other side can take a look at yours and make changes before submitting their statements which may work against you. Just be aware of this. If it is clear the other side have referred to comments in your statement then it might be worth getting advice on how to tackle them before the hearing. BNN

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28 Jan 13 #376611 by Butnotnow
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If you can prove your Ex has said she will move or stop contact then I would bring this up at the hearing and perhaps you can get it put into the order a restriction on a parent moving away (max distance from existing home). That way they would have to apply to the courts to remove a child from what ever was agreed, this often will silence someone spouting off as a threat.

Good luck with it.

BNN

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05 Feb 13 #378157 by 5050father
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Hi all,

Just to let you know how it went.

They gave me their position paper 22 minutes before we were due in court - rather then 24 hours before.

I mentioned this to the judge but was given short shrift - she just laughed ruefully and said that is the way it goes. She also didn''t care that I had filed my statements two months ago, and on time, whereas they did it two days before.

The other side has a barrister, a junior barrister, a solicitor (partner level) and someone else taking notes. Luckily at the last second I had asked a friend to come along just to help keep track of events!

We only got through one witness - the CAFCASS officer - they spent two hours trying to destroy his report.

When negotiating outside the courtroom their barrister told me that she would ''rough up'' my mother and question her on my brothers mental illness and she would ''hate to put her own mother through that sort of thing, but its my job'' so was I sure I didnt want to compromise! Nice people barristers.

Outcome is
Another court date set for three months time
We have agreed not to call grandparents as witnesses to save time (in retrospect I regret agreeing to this but I guess it is too late?)

Quick question - do I have to have submitted all evidence to court or can I produce stuff at the time to back up my facts?

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04 Sep 15 #466365 by s59
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I know this is a very old post but shocking... and I''m suffering a lot of the same tricks... wonder how it all panned out 5050father, I hope all well for you.

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