[Solved] Fact finding Hearing

Hi there,

i went through a Finding of Fact hearing representing myself in December....i can't offer much in legal advice but i would ssay Reading Yoji's advice on representing yourself in court is invaluable!

Be 100% truthful and honest...if you have any proof of anything you have put in your statement itemise it and include it for the courts....any messages where she's been abusive to you also include but make sure you put your responses to them in as well - they are conversations remember.

i was lucky (i think) in that i had an idea of the depths my ex may sink to...after once incident where i was very scared of how bad she was getting i started keeping a record of every email...every text message converstations...logged and made notes of abusive harrassing phone calls with a rough draft of what was said or threatened.

All these i presented as my evidence to her barrister to be included in the court bundle....i was scared i was giving my all my side for them to rip apart but....they have to send you a copy to aprove before they submit to court....anything you do not agree from what you have put in can be raised with them...i.e. if they failed to include something you submitted to them in your statement....
I took a copy of what they gave me...and what i'd sent them to ensure when i got in court they were the same....any difference you spot raise it straight away with them in court with the Judge.
in mine i'd added a few photos of days i'd had out with my son....they'd not included them as they didn't see a reason for them being in....i insisted they were in so the judge sould see my little boy having fun on days i'd had with him.

My ex had her lies but me having the records and evidence to prove her a liar went very well for me in my hearing....and her evidence was said by the judge to be too contradicting and the evidence from people in authority (police, contact centres, cafcass) all said the same and actually backed up my statement........the reason is simple i told the truth throughout the court hearings and my story never changed!

There are some excellent contributers on here and without their help and advice i know i would have been rocking in a corner somewhere.

Keep fighting and stay honest

Thats the only difficulty I have is there is no real evidence other than what we have already supplied.

With the Court bundle, do we need to make sure that statements already filed in Court prior to this hearing are included again?

What happens on the day? Do you have to ask your ex questions and be asked questions yoursef?

I was the one taking my ex to court....so i was the applicant, what is normal is the applicant puts forward the point and then the respondant (your ex or her legal team) will respond.

may statement was in small sections to cover the disputes individually and due to the number that she was trying to rely on it was agreed to go through each one....and argue each point for and against.

so basically point 1. my recolection of the event....then show the evidence that backs that up - they have to have copy of anything you're to rely on in adavnce so they can prepare their argument, don't just turn up with something on the day as that could add time delay to the proceedings (days/weeks)

My ex claimed i'd hit her....so my first point in my statement was the whole event and the months/weeks/days/hours leading up to the event....however...she got the police involved....as i had done nothing wrong and she had no marks or evidence of me hitting her (because i hadn't or ever had!) the police report shows her statement to them....their investigation...and the fact that there were no signs of me hitting her as she had claimed!
That report backed up my statement and was then dismissed by the judge when she admitted that i'd not actually hit her more she thought i was about to which is why she phoned the police!
the judge ruled in my favour on that!

She tried to claim i'd been harassing her via text messages and phone calls.....again...my records and police investigation proved i had not....and she and her legal team could again couldn't argue against that in court.

if you've no proof then its gonna be down to your word against hers.....in my opinion there it depends on how good an actress she will be in court....and how believable her statement will be to the courts.

the judges are seeing all too often how manipulative some ex's can be....i won't be sexist and say some women can be! i was told just remember the judges/courts see this day in / day out.....and that is why i was advised to be open and honest and stick to the truth.
stay calm...don't enter in to personal arguments with the other side....they are there to get under your skin and will try to....how i held my temper at the barister my ex had i'll never know!! i admit i wanted to scream across at her defending a lying b*tch but....i didn't.... i kept to the facts and kept it on track.

check on the representing yourself guide...Yoji's advice is excellent

Thankyou , yo u say your police report showed their investigations and statement, however mine doesn't, it only shows the police log and that there was insufficient evidence, is there anyway we cn request the full details including her statements etc

I think the only way you could get a copy of any police report is if the court ordered to see it.

Thats right....the courts ordered the police disclosure to cafcass and them....as part of that i got a copy too.....made excellent reading and gave massive weight to my fight being able to prove her a manipulative liar.

you can't get a copy yourself the court has to order the police disclosure....i pushed the judge to get mine as i knew it would help fight my side of events.

That's the thing, the courts ordered it and I got a copy but it doesn't contain her statements or mine or details of their full investigations just a timeline of logs on their systems and says in their insufficient evidence. Can I raie it asking why there is no statements

i'd certainly ask the question why the statements are missing but as the report says insuficient evidence i'd not see it as too much of an issue...my ex had contradictions all over her various statementsnover the last 2+yrs i've been dealimg with her through court...i've pushed the fact that i've never changed or added anything to mine all this time...the judge in mine has seen all that and ruled in my favour at each hearing.

stick to your guns and always be truthfull.

Remember the saying: "the truth shall set you free"

...just bumping this thread up for DaveR to have a read of! 😉

Thanks nannyJane....found it.

One point to clarify....its mentioned that you cannot see the police reports.

I dont know if we are speaking apples and apples but I obtained a print out of logs from my local police force via a subject matter request. Cost £20 and shows information regards what calls were made to the police relating to my name or address.

It doesnt show a huge amount of detail but gives what is held on the local police records relating to me. Not a lot except a break in and an assault against me.

Regards,

Dave

Police reports are usually asked for because of allegations of violence - in this case against you - and what actions the police took. You state that not a lot is shown DaveR, just a break in and an assault against you, if that is the case, you have no problems.