Hi guys. I've got a pre trial hearing on 21 of this month. Anyone know what happens at this hearing? I've submitted my Scott Schedule on time, last Friday 25th,and still yet to receive my wife's Scott schedule. I've not heard a thing? Basically the court order states for both to be in to her solicitor by 4 pm, its over a week and I've not heard anything from her solicitor. I've called them, but the response is abrupt boarding on rudeness. Any advice please?
I can't say too much as I have never attended such a trial. Do you have a solicitor? Maybe it would be best if they chase her solicitor for the paper work. If they refuse, get in touch with the court and see what they suggest? Good luck for the 25th!!
It's very bad that you still haven't heard anything from the her solicitor's and are still left in the dark to what is happening.
Sometimes if solicitors don't receive the reports back in time they have to ask the court for a extension I hope not in your case because I feel that you need to get your case wrapped up has soon has possible.
My advice is to stop worrying if you have submitted your Scotts Schedule on time, it's not going to be you that looks bad in court it's her side. It isn't your responsibility to do the other side's work!
I'm not really sure what happens on the pre hearing I know what happens on a fact finding hearing, I think you should ask your solicitor if you have one about the pre hearing.
A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations, and the court will make a decision as to whether alleged incidents did or did not happen. Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.
Most commonly, these allegations concern domestic abuse. Domestic abuse includes neglect, emotional and physical harm and violence.
When making a decision the judge has to consider the allegations made by each side. It is for the person making the allegations to prove that they are true. The Judge will consider on the balance of probabilities whether the allegations are true or not. This means that the judge will consider whether it is more likely than not that the allegations are true.
In preparation for a Fact Finding Hearing the person making the allegations will be asked to send a list of the allegations to the court. The list should be:
signed and dated
each incident should be numbered and set out in date order stating the date of the incident and details of what happened and where
details of any witnesses to the incident and involvement of the police and/or medical services
the list should contain a statement that it is true.
The person against whom the allegations are made will then be asked to respond to the allegations within a set timeframe. You should respond to each allegation in turn, setting out your account of the incident or stating that the allegation is denied.
You will both be asked to make written statements based on your evidence setting out what you wish to say to the court. You can also have witnesses give evidence with the court’s permission.
At a Final Hearing the Judge will consider all of the available evidence, this will include evidence provided by the parties, any relevant Cafcass reports and information that has been provided by the Local Authority. If there has been a Fact Finding hearing the Judge will also take into account any findings made in the course of those proceedings.
Using all of this information the Judge will assess and come to a decision guided by the welfare of the child involved. Judges will then use the evidence before them in conjunction with the ‘welfare checklist’ in order to come to a decision which is in the best interests of the child.
The Judge may decide to make no order, or may consider that a Child Arrangements Order detailing residence and/or contact arrangements is necessary. There is an example of a Child Arrangements Order here.
The person who puts in the order starts first they are asked questions by the other side's barrister and sometimes that judge on the statement they have provided for the fact finding hearing
So let's say that father is the one who put in the court order then he's asked questions by the mother's barrister their job is basically to make you look like you are a lair and trip you up
When a mother has made allergations of domestic abuse it tends to be the judge does the cross examination if the father hasn't got any legal representation if he has legal representation his barrister will do cross examining of the mother not normally the father
The judge has to look at all the evidence from both sides and so let's say there are 8 allergations against you he has to figure out if they are proven or not so some allergations can be proven fully sometimes half proven and some not proven if they can't be back up
My friend kept changing his story,you have to stick to your statement keep practicing it before your hearing made sure you know everything you have wrote down and can remember it
You are welcome to ask me anything I'll try and answer your questions
Just want to add a few more things I see Bill337 has gave you some really good info
The down side to the judge using the balance of probabilities is unlike like a case in a crown court with a jury when the judge uses the balance of probabilities in a family court they only have to consider if the allergations exactly happened or not with the evidence provided in front of them.if it's a case of one word against the other then they are looking to see who they think is that most truthful this is more reason why you really know what's on your statement
Also it goes on how you conduct yourself if you get angry it can go against you, you do have to keep calm which is difficult through cross examining
The outcome depends on how it goes really if say you ex wife can't prove the allergations she has made against you then you are likely to get unsupervised contact
I really hope that both your pre hearing and your 3 days fact finding hearing go well for you.