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LIP for a Fact Finding

*Update*

The judge has agreed to cross-examine the ex (feels like a small victory) and I must submit my questions to the judge no later than a week before my hearing.

Does anyone have any experience on how to word the questions?

What is the format for cross-examination?
 
DadLad said:
*Update*

The judge has agreed to cross-examine the ex (feels like a small victory) and I must submit my questions to the judge no later than a week before my hearing.

Does anyone have any experience on how to word the questions?

What is the format for cross-examination?
Click to expand...
Carefully.....
 
DadLad said:
How do I amend a bundle index? The bundle is a pdf.

The ex's solicitor agreed in April to my exhibits and audio files to be included in the bundle.

They then backtracked when I asked for them to be listed in the bundle index.

This bundle needs filing with the court and they are purposely delaying it so I am going to add what was agreed and file it myself.

Should I name and date the audio files and then include those same titles in the bundle index?

What is the best way to do it from a cross reference point?
Click to expand...

Use this to amend a pdf
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This looked decent for court bundle prep when I last did some research.

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I'm becoming quite frustrated with her solicitor. They should have filed the bundle in April.

They agreed to the exhibits which I asked to be included. They sent me a draft bundle but my exhibits was purposely not listed in the bundle index so I raised this.

They have delayed this for months making an excuse that they need clarification first.

I have received a court order regarding cross examination and the judge would like my questions 7 days before the hearing but how can I cross reference from a court bundle which hasn't been filed with the court yet and doesn't include my exhibits.

I can guarantee you that the court bundle index will have changed purposefully to try and throw me off.
 
Has anyone got a template for a final hearing position statement?

What to include and what not to include?
 
It's the same as any position statement. There's a sample of wording and layout in legal resources in the main menu (top bar on computer). Although if it's a court ordered position statement you could use the formal headings. It's the same as this one for a Witness Statement except you change the wording to Position Statement instead of Witness statement.
 

Attachments

Ash said:
It's the same as any position statement. There's a sample of wording and layout in legal resources in the main menu (top bar on computer). Although if it's a court ordered position statement you could use the formal headings. It's the same as this one for a Witness Statement except you change the wording to Position Statement instead of Witness statement.
Click to expand...

I'm more looking for contents. What to include and what not to include etc.

I want to take a proposition of contact arrangements.
 
The sample in resources is for an enforcement but gives an idea of layout and tone. What you include is basically - updating the position since the last hearing. Anything you want to draw to the Judge's attention and any request, like a proposition of what you want in an order at the end. So for example at the end you could say - I therefore request the court makes an order for the children to live with both parents on an equal shared care basis as follows:

Week 1: 9am Friday to 9am Wednesday with Father, 9am Wednesday to 9am Monday with Mother
Week 2: 9am Monday to 9am Wednesday with Father, 9am Wednesday to 9am Friday with Mother.

And half the school holidays with each parent with defined weeks.


Are you sure it's a position statement for final hearing and not a witness statement with evidence? What does the order say? Statement or position statement? And does it mention evidence?
 
Ash said:
The sample in resources is for an enforcement but gives an idea of layout and tone. What you include is basically - updating the position since the last hearing. Anything you want to draw to the Judge's attention and any request, like a proposition of what you want in an order at the end. So for example at the end you could say - I therefore request the court makes an order for the children to live with both parents on an equal shared care basis as follows:

Week 1: 9am Friday to 9am Wednesday with Father, 9am Wednesday to 9am Monday with Mother
Week 2: 9am Monday to 9am Wednesday with Father, 9am Wednesday to 9am Friday with Mother.

And half the school holidays with each parent with defined weeks.


Are you sure it's a position statement for final hearing and not a witness statement with evidence? What does the order say? Statement or position statement? And does it mention evidence?
Click to expand...

Thanks Ash. The order doesn't state a position statement but Im doing one anyway. This is a final hearing
 
So have you already submitted your final statement with evidence? Doing a position statement as well is a good idea.
 
Ash said:
So have you already submitted your final statement with evidence? Doing a position statement as well is a good idea.
Click to expand...

Yeah everything was submitted from both sides in April.

The order doesn't ask for a position statement but I think that this will be useful for setting out my proposed contact arrangements as well as highlighting any issues since the previous hearing.
 
Yes it would, but make sure your proposals in your position statement don't contradict the proposals in your final statement :-) Assume you also put the proposals for the final order in your final/witness statement? The other thing you could do is take a draft order to court with you, set out with everything you want on it. It could be used for negotiation and amended on the day as to which bits are agreed or not agreed and would then be evidence of what was agreed on the day (including the wording used) and a template for the final order.
 
Ash said:
Yes it would, but make sure your proposals in your position statement don't contradict the proposals in your final statement :-) Assume you also put the proposals for the final order in your final/witness statement? The other thing you could do is take a draft order to court with you, set out with everything you want on it. It could be used for negotiation and amended on the day as to which bits are agreed or not agreed and would then be evidence of what was agreed on the day (including the wording used) and a template for the final order.
Click to expand...

The only final statement and evidence which has been ordered was for the FF part of my hearing. Nothing else regarding statements is in the order which is why a PS would be beneficial?

There was nothing ordered for a final statement etc. Should this have been ordered?
 
It depends what stage you're at - but if you're saying you're doing a position statement for a final hearing, it seems a bit odd that you weren't asked to submit statements and evidence for the final hearing, or ordered to submit anything at all for it. Unless things were more or less determined at the fact find? What was the outcome of the fact find? Is the next hearing definitely a final hearing?
 
Ash said:
It depends what stage you're at - but if you're saying you're doing a position statement for a final hearing, it seems a bit odd that you weren't asked to submit statements and evidence for the final hearing, or ordered to submit anything at all for it. Unless things were more or less determined at the fact find? What was the outcome of the fact find? Is the next hearing definitely a final hearing?
Click to expand...

it definitely says on the order it's a 4 day composite final hearing.

2 days FF
1 day findings/ judgements
1 day welfare etc
 
Oh sorry yes I forgot it was a composite hearing. Presumably then, all your evidence is with the statement you submitted for the fact find. Did it include what you want as a final order? Tricky if it was focused more towards the fact find. So yes, setting out what you want in a position statement is a good idea.
 
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