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Final Hearing

Saddad

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Hi Everyone

I have my final hearing this week, it's with updated statements which means me or Ex don't have to speak in court.

The only issue is quantum, no safe guarding issues.

It's in front of 3 magistrates I believe.

Any tips or suggestions?
 
Hi Everyone

I have my final hearing this week, it's with updated statements which means me or Ex don't have to speak in court.

The only issue is quantum, no safe guarding issues.

It's in front of 3 magistrates I believe.

Any tips or suggestions?
Hello Mate, please can you link your previous story thread below? That will help all to reply easily.

I'm in any case puzzled that it is FH and you think you/her won't have to speak. Are either of you repped?

Okay, looking out for you, stay cool and focused.

SS.
 

Here you go mate

Yes we both have Barristers and as the only issue is quantum they decided that they're doing the final hearing on statements alone so we've been asked to prepare one.
 
Here's the outcome from the first hearing

 
Ok, thanks Saddad.

It appears like you have matters in hand, you are repped and confident in that mechanism.

I think I can only say that you need to stay calm and cool, and that appears to be how you are, well done!

Please let us know how you get on.

SS.
 
I've been told I need to be there for 4 and a half hours, when quantum is the issue, has anyone had any good results?

She's put all kinds of lies about me in her statement but mine is all about the kids, my barrister has all the proof of texts etc that proves her lies if anything comes up though which is great.
 
Time spent with each parent, she currently has 5 nights a week I have 2, I used to have 50/50 18 months ago
 
Good luck and fingers crossed you get your 50/50 back! Or at least shared care 60/40.
 
If your hearing is today then this might be a bit late but a few tips after 4 different Cases and 7 Court attended hearings.

If you have not been to the particular Court before and it is not that far way - try to make a journey there before the hearing itself . See the building so it is more familiar, where you can park or where the public transport stops are.
Arrive in plenty of time - at one hearing my ex was 30 mins late and that did not go down well.

Don't take bags of containing too many case files however tempting - keep what you are taking with you as simple as possible. A good idea to take a drink bottle of water but make sure it has not been opened before going through the security check at the main entrance. ( Most Court buildings don't have any refreshment facilities anymore. ) In the actual Court Chamber of your hearing they will have water available for anyone attending. )

Court procedure is that whoever is the applicant of the case will sit on the left with their Counsel and the Respondent to the right in front of the Bench.

3 Magistrates will usually sit with a Court Legal Adviser who will give them any legal technical advice if they so need it.

When your Ex's Barrister speaks with her Statements try not to give any unnecessary facial reaction's or certainly no verbal reaction ( this can be difficult when you hear some of the more extreme points being made ).

Take a note pad with you. If when her Barrister is speaking some thing is clearly wrong - simply write briefly the point and pass it to your Barrister next to you. Keep these to a minimum and let your Barrister keep her/ his concentration on the direction of the hearing.During the live proceedings unless asked by your Barrister keep conversations very brief.

The hardest thing I found was were to look when in Court during hours of proceedings. I didn't want to stare all day at either the 3 Magistrates or the District Judge. Neither did I want to stare at my Ex or her Barrister's. It's difficult as the time in the Court can be lengthy and some times not a lot happens - you don't want to appear indifferent nor do you want to have to look at the Court Officials just in front of you.

One final thing - I took a photograph of my son with me and was inside my jacket pocket - he was with me at all times during proceedings. It was for him and us that I was there and whilst a sentimental gesture I found it helped enormously.

Sending you the very best of luck for you with your hearing.
 
Excellent advice. I looked down at my notes or towards my Barrister when mentioning the odd thing that was said - quietly. Better to write a note and pass it to them though. Occasionally I looked at the Judge. Failing that - the wall opposite - above the heads of people.
 
Thanks for the advice! I have been to the court for the first hearing so I know the area etc, just nervous about the outcome. I will take a notepad with me that's a great shout, thank you.

I am quietly confident, my barrister is really good and hers not so much from how the first hearing went.
 
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Hi everyone, I have some amazing news, I got exactly what I wanted.

I have gone from 2 nights a week to 7/14 thank you so much for all the advice and support from everyone. The schedule I suggested was agreed to a T. Im in absolute shock I can't believe it.
 
Very well done indeed and super pleased for both you and your children. You their Dad will be central again to their daily lives again and not be marginalised for no good reason by a Mother who thinks she knows best.
It's simply called equal parenting to which the Magistrates fully endorsed. Well done to your Barrister as well - when they are good they are very good.
Really super result.
 
Congratulations! You had done nothing wrong and presented yourself well throughout - so why not?! Do you think having a barrister made a difference? Ie did the Barrister have to do much persuading?
 
The barrister made a huge difference, she used equality as the main point really and I gave her alot of information to discount my ex's statement.

My statement was very child focused nothing bad said about ex whereas hers was calling me controlling etc where it was actually the other way round.

Barrister was very keen on the court understanding that the dictator type behaviour from ex was not how it is nowadays.

I'm still in shock, what a result.
 
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I know Ash will agree with me 100% that until 50 - 50 care at the beginning of separation becomes the starting point and usual ( providing their are no known circumstances against either parent that would make it unsafe ) then the Courts and the system will be used by vengeful parents putting their own controlling interests first and way above that of their children.

The cost both financially and emotionally, the time a parent loses during children's most important formative years through a Family Court system having to operate way beyond it's capacity, is simply appalling.

Reading your post through S.D. it seems you started with 50- 50% but your Ex withdrew it..... and today the Courts have on evidence adjudicated that she was wrong to do so. I would be in favour of a system where costs would be awarded against an Ex in situations like this without exception and be properly implemented. It would cut out so much of the anxiety and harm done to all concerned.
 
This is great news. It fills me with hope that the judicial mindset is slooooowly changing as outcomes seem to be more positive (however the system is still archaic and broken).
 
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If I'm honest I was concerned as the magistrates all looked in their 70s and didn't give much away. I've not had a message off ex about anything, I assume it'd be best to let dust settle for now? Summer holidays were already agreed 50/50 and schedule already in place so it starts first week of September.
 
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