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Dear All,
I'm sure that you are all fed up of my long winded posts but I was just reading DaveR's post regarding character witnesses and it brought up another question.
My partner has recently had a great deal of contact with his eldest sons school and with the health visitor who visits his youngest. Both have commented on how well both children have been progressing since he has been back in their lives and the health visitor also said she couldn't understand why his contact with the youngest was restricted. She went so far as to ask his ex why she employs double standards with the children. Her response was 'it's complicated!'
I wondered, if they were agreeable would there be any point in asking both the teacher and hv to provide statements or to be witnesses? The school can at least attest to the fact that my partner picks up his eldest at least twice a week even if they are unable to comment on anything else unofficially surely?
Also, how would we prove that we have overnight contact with the eldest? There is nothing on paper to state this and his ex is clever enough never to refer to it in txts etc except very ambiguously!
Sorry again for my longwindedness!
Hi Las213,
The criteria given to me for a witness statement is as follows -
"Their evidence will only assist the court if they can give direct and relevant and uptodate evidence as to your ability as father in support of your application for a residence order."
In essence, I think, Are they impartial, do they have recent experience of the applicant and respondant, and the children.
It sounds like the teacher and health visitor may meet that criteria?
If so you may wish to reuest that they write a statement for you?
I have a template requesting a statement if it helps you.
Regards,
Dave
It's possible the HV might give you a reference but the School might not want to be seen to be taking sides. In my sons case we asked the case worker doing the report if she would approach the school and HV which she did and got reports from them, so that might be the way to go if they don't want to give you one personally.
As far as proving that the older child stays over, you could ask that they talk to him and ask him if he sleeps at Daddies house. I'm pretty sure if you bring up concerns for the children due to the mothers alcohol abuse with the C1a form, there will be CAFCASS involvement and there is also the likelihood that the judge would ask for a Section 7 report from the local authority (SS) at the first hearing. If this were the case a case worker would interview both parties, usually in their respective homes and also would want to see how the child interacts with each parent...they do speak to the child too and you could request this, it's very gently done, more like a chat and they draw pictures with the child....my grandson was talked to and he was only 4.
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