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Evening....
Have any of you submitted witness statements on your behalf to court with regards to your ability as a Father?
I have 2 that Id like to submit but neither has seen me with the children for 4 - 8 weeks.
My solicitor says the following - "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. "
I think that my questions are;
1. Has anyone submitted a witness statement?
2. How recently had they seen you with the children?
3. Did you submit it to court or during a CAFCASS interview?
4. Any other advice?
Regards,
Dave
Update...
The witness statement has to be someone seen as non bias and with recent contact with both parties and the children.
Better that they are willing to be present in court as letting CAFCASS or social work meet with them.
Dave
At my MF training session last week, he touched on witness statements and in his vast experience he said that he had never seen a case where the witness statement was given enough gravitas to influence the proceedings.
As you point out, someone making a witness statement has to be prepared to attend court and be cross examined on it....it can be too big an ask for some I think!
The courts will take into consideration whether a witness statement is biased, that's why you have to be careful with them, but if someone does make a statement, they must attend the court too. I have seen them used and on occasion, they have been accepted. but as you said it must be up to date knowledge of your relationship.
I think I am referring more to character references, they really don't hold much weight...as far as witness statements, having them from family or friends will diminish their importance.
Character references can hold some weight - they did in my case when a character reference that my ex asked for from someone she knew turned out to be quite negative on her. But they don't usually turn out like that 😀
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