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[Solved] Statements


Posts: 218
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(@Cuddles)
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Joined: 13 years ago

Just received son's ex's statement. As were were expecting, she has lied all the way through it but on the schedule table at the back, there are her allegations in one column and in the evidence columm, she has not included any so called hard evidence to back up her lies, she has just put things like - see point 3 or see point 23 where she has put things like he said he was going to do this or that.

Surely without concrete proof or evidence, the judge should dismiss these allegations.


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 Dec
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(@Dec)
Joined: 13 years ago

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Posts: 256

Yes your right there, me and my ex filed statements, then filed scott schedules which sounds like your son did also? I had to set out the six most serious allegations and my ex also (possibly cos the judge couldn't be assed to read through the statements) the original feeling was my proceedings would go to a finding of fact hearing, however once the judge read both statements and that it was a case of he said and she said and no actual hard evidence from either of us he felt a finding of fact hearing wouldn't change the outcome of the proceedings and would also just delay the proceedings and that wouldn't be good for the child. Tell your son to focus on the child and say the delay would be unhelpful for the child and question whether the allegations would change the outcome of proceedings.

The judge did originally try to go down the rout that the finding of fact hearing was necessary as the child would need to know the truth when he was older, however after looking at the statements he then took the view that the child would likely never know the truth.


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

Thanks for that Dec. Because all the allegations are lies, we can't back up what she is saying. She digressed a little bit away from the allegations and on this point she claims something and my son has kept the text messages which clearly show that they are lying.


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(@daver)
Joined: 13 years ago

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Posts: 1020

Is it her witness statement your refering to or C1/C100 or another document?

Just witness statement didnt have a table.

When I wrote my witness statement I was instructed to explain how I knew what I knew as in the "respondant informed me" or detail where I got the information from.

It is a little one word against another but it gives the barrister a place to start during final hearing when questioning.

Obviously its better that there is some more concrete evidence to prove whatever the point is but if not I guess it is then down to the barrister to try and prove the point in front of the judge.

I guess what Im saying is if you have evidence to prove the point is not true then job done but if not be prepared for being questioned around it.

If its not a witness statement your talking about then ignore me. 🙂

Regards,

Dave


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(@daver)
Joined: 13 years ago

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Posts: 1020

Ignore my post. 🙁

I started it last night and just submitted now and see it missed the point........ :whistle:

Dave


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

Thanks Dave

It says on the front of the document - First Statement where she has listed all her supposed allegations and grievances. Then at the back is a couple of pages where it has a table with columns which say allegations, evidence, then a column for my son's response and then a place for the judge to comment.


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

No, he hasn't seen her since October last year. Because of the nature of the allegations, court will not allow him access - even supervised at a contact centre. We have been fighting for this as she won't know who he is anymore because of her age.


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

Just think of the very worse thing that you can imagine and you are along those lines.


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(@Enyamachaela)
Joined: 13 years ago

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Posts: 539

Hi Cuddles, has she got a solicitor working for her?

Sounds like she has filed her statement ith a "Scott Schedule " attached, i.e. the columns. Just deny the claims or ask her to provide proof,ie police reports, GP reports etc..

scuse my typing..my keyboard has gone funny....!


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

Hi Enyamachaela, yes she does have a solicitor working for her. Had another look and it does say Scott Schedule on the table (couldn't look before as he had taken it upstairs).


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(@dad-i-d)
Joined: 15 years ago

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Posts: 1306

If your son has kept the text messages disproving his ex’s lies then get them printed off, you’ll need 3 or 4 copies, ensure they are submitted with your statement as evidence to back you up.

My ex tried also sorts of dirty tricks in 2010/2011 claiming all manner of things….all of the texts I kept I printed off as pictures, four screen shots of phone to an A4 page – 36pages of texts….highlighted pages and texts where she’d told me one thing and her statement said the opposite…
she at the time was represented by a barrister all these texts (and emails) I’d kept blew everyone of her claims to shreds….her barrister was not impressed! Neither was the judge! I on the other hand did allow myself a very small smile aimed at her barrister as I provided the courts with my points outlining the texts that helped show her a liar!


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(@Cuddles)
Joined: 13 years ago

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Posts: 218

He has a meeting with his solicitor on Wednesday to do his statement and to respond to her statement and Scott Schedule. We have got so much proof and contradictions to what she is saying, it is unbelieveable. The more I look at her medical files, her lies etc, I really feel for the safety of the child and have told my son if he wants to try and get full custody, then to go for it. Just hope that the judge will look at all this work we have put in (his solicitor is useless) and throw these lies out of court.


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