Her motivations for making the application - don't make this too lengthy as that is your opinion and not fact.
Don't throw in loads of text messages unless each one is relevant. 55 pages does sound like a lot. If you have too many the judge may not read them. It's better to select messages or emails that relate directly to her allegations and any that you feel are important.
I hear you on the motivation section. I've got 8 paragraphs containing 750 words.
The 55 pages of text messages are hers. They're completely randomised, undated and actually only relate to 16 text exchanges covering a period of over a year.
I'm including one page which breaks them down by categorising them, providing dates and explaining the context behind them where required. None of them are tied to any allegations, they are just sweary texts so I feel I must respond to them to provide the context otherwise they just make me look like unnecessarily aggressive.
My evidence, text messages, letters/emails etc account for about 20 pages.
8 paragraphs is a lot. I would expect it to be one really. I don't think you're going to come across well on paper if you write that way.
The frustrating thing is if you were to read these 8 paragraphs, it illustrates perfectly why she’s doing this. 750 words isn’t a lot but you’re right. In the context of who is going to read it & how much time they’re likely to have, I need to whittle it down considerably.
The whole system seems setup for me to fail.
It takes 30 words to make an accusation, but considerably more to deny it.
To give an idea of perspective, her 40 allegations take up 9 pages. My response to each allegation including the section regarding her motivations take up 15
There's only two or three allegations that are completely made up and bear no resemblance to an event that occurred, the other 37 are based on events that did happen, she has just fabricated the context, comments or otherwise added' I felt threatened by this" at the end of each paragraph.
Wherever I've said "This allegation is complete fabrication and there is no evidence to support it, I've continued with the context or my version of events, as you suggest,, it is a bit direct to leave it in isolation.
In terms of structure, :
`Cover page (in the family court etc) leading straight into:Background
Her motivations for the applications
Response to her allegations (number by number)
My evidence (text messages/GP letters etc)
A categorised dated breakdown of the 55 pages of text messages (with a brief explanation of context on each one)
Does the order of thie statement seem ok?
I agree with Yoda, you should only need one or two paras at the most, for background and her motivations. With regard to responding to her allegations, again try and be concise, report the facts but don’t give an opinion, leave that to the judge, give him the facts and let him do the rest.
I’m going to PM you.
Hi all.
I have been sent Police Discloure logs / crime reports in relation to the allegations made against me.
I understand these have been filed with the court in relation to my case.
These call logs and crime reports are littered with lies and more importantly , obvious inconsistencies that do not tie up with the allegations she has made in her witness statement.
The court now has both of our witness statements and I am in the process of responding to her Scott's Schedule of 5 allegations to be put to the court for the next hearing.
The judge will read these police logs/incident reports and they paint a horrific image of me. My question is, as these logs are technically being used as evidence, do I have the right/opportunity to respond to the allegations within them and provide the evidence i have that prove the blatant lies within them?
As you've already submitted your witness statements, I think you would have to ask permission to file a further statement of response to the crime reports/logs and provide attached evidence.
You will have the right to make submissions at the final hearing and cross examine the other party on any allegations that they’ve made in their statement.
Yoda will be along shortly and will be able to advise you further, and clarify or add to what I’ve said.
All the best
Thanks! The disclosure reports were sent me two days after I had was required to file my statement so I never had the chance to respond.
If you're self repping, I would chance it by responding to them and filing an updated statement, Begin your statement with asking permission / apologising for filing further paperwork.
Your other option is to take it with you on the day. If it's a fact finding you should be fine to take it with you.
Final option is to write to the court simply asking for permission to update your statement in light of the late arrival of the disclosure.
Thanks Yoda.
I am self repping, it's likely to be a month or two at least so I'll email the court asking permission. No emails I've sent so far have made it to their location so I'll just do it and rely on the fact that I informed them via email.
Next hearing is a 'review hearing'? Would you happen to know exactly what that entails?
I've got to respond to her Scott's schedule of 5 allegations. Is it the case that the Judge will review both statements in advance, focus in on the 5 allegations then provide his opinion during the review hearing either A: Throwing it out or B: Listing it for a final hearing?
Is the final hearing the 'fact finding hearing'?
A fact finding hearing is not usually combined with a final hearing.
The judge usually reads the statements before the fact finding. At the fact finding, you usually ask each other questions and answer the judge's questions and then the judge will make a decision on whether they think the allegations happened or not.
A 'review' hearing is usually called a DRA - Dispute Resolution Appointment and normally lasts for 1 to 2 hours. The purpose of a DRA is literally to review the proceedings.