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TOPIC: submitting evidence

submitting evidence 6 years 10 months ago #42062

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Hi,

My final hearing is in 10 weeks time.

Is anyone able to give me clear direction on how I submit evidence to the court?

I am preparing my final statement, and my oral evidence but what I dont know is how do I submit other evidence.

Such as email communication and evidence of my involvment in regards to sons education (two way home work book)

Section 7 report is complete cafcass did not want to see any of this.

Also mother of our son along with all her false allegations in every statement/court apperance/cafcass has changed her reasoning to as of why I shouldnt have as much contact as I do.

Do you think this a point worth mentioning as orginally she claims im abusive ect, emotionally harm our son, then its beacauae I buy him expensive gifts, then its because I dont complete homework, now its beacuse interim order in her view is working well and son is settled
. Although because the order is her terms our son comes to me when I could be working, therefore he is with my family rather than me.

Any advice would be appreciated.

Thanks

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submitting evidence 6 years 10 months ago #42064

Normally when submitting evidence you make reference to it in your statement then attach a copy of it at the end of statement.

For example refer to evidence as EV1 then attached copy at the end of statement labelled EV1

Solicitors like to use their clients initials & list them as exhibits on the first page of the statement

So if you have 3 pieces of evidence it will be listed as Exhibits: EV1-3 on the first page & then labelled & attached at the end of the document

Hope this helps

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submitting evidence 6 years 10 months ago #42070

No advise as new to all this myself just wanted to wish you all the best

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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father

submitting evidence 6 years 10 months ago #42092

Not sure if this helps any......its basically from my bundle index for a hearing (Changed dates and details)

BUNDLE INDEX

Preliminary Documents


1. Case summary
2. Schedule of issues
3. Chronology


Section A – Application and Orders

No. Document Date Page No.


1. C100 01.07.10 A1-A10
2. Directions 01.10.10 A11
3. Directions 01.11.10 A12
4. Hand written agreement 01.12.10 A13
5. Directions 01.12.10 A14
6. Interim contact order 01.03.11 A15-A18
7. Facts and Reasons 01.03.11 A18-A22
8. Directions 01.04.11 A23
9. Directions 01.06.11 A24-A27
10 Interim contact order 01.07.11 A28-A29
11. Directions 01.07.11 A30
12. Directions 01.08.11 A31-A32
13. Directions 01.11.11 A33-A34


Section B – Applicant’s Evidence

1. Original statement of (APPLICANT’s name) 01.07.11 B1-B20

2. Updated Statement of (APPLICANT’s name) 01.01.12 B21-B25


Section C – Respondent’s Evidence

1. Original statement of (Respondent’s name) 01.07.11 C1-C40

2. Updated Statement of (Respondent’s name) 01.12.11 C41-C90


Section D – Cafcass Evidence

1. Letter 01.10.10 D1-D5
2. Letter 01.11.10 D6-D8
3. Report 01.05.11 D9-D45
4. Report 01.11.11 D46-D59


Section E – Other Evidence
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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

submitting evidence 6 years 10 months ago #42114

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Hi,
Thanks for your responses. I have spoken with coram in regards to the bundle as ex barrister is doing them as I am self rep. Although I am emailing them with a list of what I propose to be included as I was passed bundle so far at the last directions hearing.
This didn't include police reports, which are in my favour, our her c100 application or allegations of harm application for a non mol. (Which was thrown out)

I would like for the email correspondence to be included however I think I will attach these as exhibits.

Also when I give evidence verbally in court can anyone give advice on this.?

I am preparing like mad, I know the case inside out, its constantly on my mind, I jot down stuff throughout the day when things come to me!

My understanding:
I will be given the oppurtinity to speak out about my case state why im applying and what I want. Putting across how involved I am with son ect ect.

At this point do I also evidence that my ex has made malicious allegations false statements in order to paint me in a bad light and attempt to reduce my contact. I have police reports, letters ect to back all up not just my word against hers. Or do I save this when I cross examine her?

As I also want to point out that she has gone from saying I should have indirect contact after 7 years of 12 nights a month to wanting me to have 10-12 nights a month with our son but on the days she suggests. (I am at work on these days) highlighting that does not act in best Interests of son and that her concerns and reasoning has changed at each hearing. (Again do I save this when I cross examine her)

I am then aware I will be cross examined, questions asked which Is fine.

Advice on the advise would be great.

Finally, I initially applied for residence order, however cafcass reccomended shared residence. At the last directions hearing I gave a short position statement stating I am willing to agree to shared residence as long as my contact is increased, I am party to all decisions and actually its what my 8year old son has now expressed he wants. Furthermore social services closed the investigation as they do not have child protection concerns however raised concerns with ex along with cafcass. Ultimately I would love son full time in my care I think its whats best however due to the system, reccomendations of proffesionals, sons wishes do you think it was wise to state this?

I was going to state at court I initially applied for full residence I would still be fully prepared to have full residence order and support contact contact with mother and would be able to do this by.... However willing to comprise and have a shared order based on the above and if this is the outcome It would be benefical for son to have 15 nights a month in my care.

Im worried as now I feel I can not go back on stating I would agree to shared.

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submitting evidence 6 years 10 months ago #42131

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If I were I would also compile a supplementary bundle of the things you want including, just in case they accidentally on purpose get left out by the other side.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

submitting evidence 6 years 10 months ago #42143

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Thanks mojo,

How would I go about submitting a supplementary bundle? Do I just simply send to court and other party before the hearing?

I think I will ask the other party to include everything I want and if they do not agree, then submit mine and explain in a letter why.

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submitting evidence 6 years 10 months ago #42148

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I agree, put your request in writing and inform them that if you haven't received the bundle with all of the additions in it that you've asked for then you will be submitting a supplementary bundle to the court.

Is there a date that they have been given to file the bundle by?

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

submitting evidence 6 years 10 months ago #42149

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The bundle has to be submitted 7 days, yes only 7 days before the final hearing.

Final statements 2 weeks before.

However I received a letter stating that cafcass cant attend as she is on leave and they have given dates they can attend in june!

So I wrote to the court asking if it could be sooner rather than later given that the last directions were on 18th of Feb. 2 weeks later than originally planned as ex did not make cafcass appointment.

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submitting evidence 6 years 10 months ago #42161

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I would contact the other party and request that you have a copy of the bundle as soon as it is completed, if its possible to call into their office and pick it up by hand then that would be preferable, it's probably going to be too bulky to email/fax. They will probably go to the wire and submit it at the last possible moment! Alternatively they should be able to provide you with the index page which has all the documents numerically listed so you would be able to see whether the paperwork you have asked to be included is in the bundle.

If you have the supplementary bundle already prepared you can file it straightaway if theirs isn't as you would like it, with a covering letter.

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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

submitting evidence 6 years 10 months ago #42307

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Hi all.

Thanks for your advice. I have spent the day getting all my evidence together/preparing what I would like to be in the bundle.

I plan to email the solicitor tomorrow with an index list of what I am proposing to be added and will ask for a response as to whether or not this will be agreed and then ask when they would like these documents by.

If they flat out refuse I will then have their response and will send in the supplementary bundle along with reasoning why to the judge.

Can I ask:
In ex's initial statement she made reference to 5 "witness statements" who are all either close family or friends of hers. No proffesionals or non bias characters, I have not seen these nor have they been disclosed to court as of yet.

Will she be allowed to use these in the final hearing? Should I ask her solicitor if these will be included in the bundle, or perhaps ask what additional information will they be adding if any? As surley I am in my right to oppose things if they oppose mine?

I was not going to even bother with getting statements from family and friends as I cant see how this is "evidence"

My final hearing is not until june and I tell you it can not come quick enough! The ex and I communicate via email and she is trying to trip me up every step of the way. She emails me things such as "child has stated you have planned a meal with him on x day, or to see him and do this with him on x day" "can I remind you a order is in place and we MUST arrange extra times between us via writing and I have no corraspondence in regards to this" - my response being child has got days/times muddled up, nothing additional has been planned.

I had an email telling me not asking, I rarley use a 3rd party to handover, and this need to be put in practice asap.
My response is that order states 3rd party may be used and is not a requirement. And that if this has been a issue since last year why was it not brought up in court 4 weeks back?

I cannot believe after 8 years, I am still at this point. I know im not the only one going through this, and again this site has been so helpful! I apologise to rant and go on but sometimes ranting on here really does help!!

Thanks in advance.

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