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LIP for a Fact Finding

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.

No the statement was only to support the scott schedule and allegations.

Nothing else was ordered which thinking about it seems strange. Nothing mentioned about arrangements etc

Presumably this will be dealt with on day 4 after the ff part?
 
Hi anyone,

Quick question.. As I have mentioned previously, the ex's solicitor is leaving out exhibits in the court bundle which were previously agreed.

I am preparing an addendum bundle to include those left out exhibits and also I wish to include additional exhibits which aren't on the court file which will help support my response to my ex's scott schedule.

Can I do this and what is the latest timescale I can do this without her solicitor trying to adjourn the hearing?

72 hours before the hearing?
 
It's acceptable to send an addendum bundle with things that have been left out. Not really to add new evidence at this stage. If you add new evidence to the supplementary bundle, it's possible that bundle may not be admissable. I would submit the supplementary bundle without the new evidence.

You could then do a separate email attaching the extra exhibits saying these exhibits are in response to Mrs Ex's Scott schedule and I wish to submit them for the hearing, in response to the Scott schedule. Then copy that email into ex's solicitors.

That's my suggestion - but really not sure as your hearing sounds so complicated without the opportunity to respond to the Scott schedule. Normally you wouldn't be able to submit evidence after statements are exchanged, unless the other side agrees to it.
 
It's acceptable to send an addendum bundle with things that have been left out. Not really to add new evidence at this stage. If you add new evidence to the supplementary bundle, it's possible that bundle may not be admissable. I would submit the supplementary bundle without the new evidence.

You could then do a separate email attaching the extra exhibits saying these exhibits are in response to Mrs Ex's Scott schedule and I wish to submit them for the hearing, in response to the Scott schedule. Then copy that email into ex's solicitors.

That's my suggestion - but really not sure as your hearing sounds so complicated without the opportunity to respond to the Scott schedule. Normally you wouldn't be able to submit evidence after statements are exchanged, unless the other side agrees to it.

Thanks Ash, yeah it's extremely complicated and backwards how my case has been managed.
 
I'm trying to think of the right approach without having the ex's solicitor potentially trying to get my exhibits refused.

I think as you said @Ash, sending my response separately instead of in the bundle is the logical solution going forward..

Without this evidence I have no chance, and it's a nightmare trying to get a simple response from the court via email. There is a national call centre for the courts now which takes a good 1.5hrs minimum to get through.

I think it's only fair that I should be able to respond to the Scott schedule along with supporting evidence.

Otherwise I am walking into a minefield..
 
I'm trying to think of the right approach without having the ex's solicitor potentially trying to get my exhibits refused.

I think as you said @Ash, sending my response separately instead of in the bundle is the logical solution going forward..

Without this evidence I have no chance, and it's a nightmare trying to get a simple response from the court via email. There is a national call centre for the courts now which takes a good 1.5hrs minimum to get through.

I think it's only fair that I should be able to respond to the Scott schedule along with supporting evidence.

Otherwise I am walking into a minefield..
I've had good responses from emails that I've sent to the family court handling things, pretty quick and giving information requested.
 
Hi all,

Has anyone had any experience in writing submissions for a FF?

I'm trying to understand the formality of it with limited information.

From my understanding, it is a summary of any findings made which points to the credibility of any witnesses, and the evidence to support etc?
 
Hi all,

Has anyone had any experience in writing submissions for a FF?

I'm trying to understand the formality of it with limited information.

From my understanding, it is a summary of any findings made which points to the credibility of any witnesses, and the evidence to support etc?
yeah
my initial submission was 1 page long... basically orders sought.... which i submitted to court/all parties and no one told me id got it wrong.

only when i received the ex's submission i had to re-write it.

it included a personal statement of why im really here, how long etc how it has affected my kid, me etc etc

then i went in to each allegation quoted the ex's responses etc, stated / reiterated my defence by mentioning the obvious points re: false allegations

i then went on to what i wanted for my child i.e. contact particulars and what cafcass had recommended etc.

I'm hoping for the best as a LIP

i've heard even judges can find findings on basis of probability even if its a false allegation, crappy system

i still awaiting my submission continuation hearing and judgement,.. it is very long process in the court i am in
 
yeah
my initial submission was 1 page long... basically orders sought.... which i submitted to court/all parties and no one told me id got it wrong.

only when i received the ex's submission i had to re-write it.

it included a personal statement of why im really here, how long etc how it has affected my kid, me etc etc

then i went in to each allegation quoted the ex's responses etc, stated / reiterated my defence by mentioning the obvious points re: false allegations

i then went on to what i wanted for my child i.e. contact particulars and what cafcass had recommended etc.

I'm hoping for the best as a LIP

i've heard even judges can find findings on basis of probability even if its a false allegation, crappy system

i still awaiting my submission continuation hearing and judgement,.. it is very long process in the court i am in

Tomorrow is submissions. I've only had this evening to prepare after a long day of cross-examining the ex.

I'm just trying to get my head around how it should look. I suppose it's sort of like a speech.

Even though this refers to the FF part of my final hearing. Do I still make a proposal to how I would like things to progress regarding contact?

ie: I have proven to the courts that I do not pose a risk and there is no evidence from the respondent that proves that I am an actual risk to our child etc?

I would propose that direct contact starts with xyz?

Am I on the right lines?
 
The ex openly said yesterday, that she never wants me in our child's life. And she will never support any direct contact.
 
  • Wow
Reactions: Ash
Tomorrow is submissions. I've only had this evening to prepare after a long day of cross-examining the ex.

I'm just trying to get my head around how it should look. I suppose it's sort of like a speech.

Even though this refers to the FF part of my final hearing. Do I still make a proposal to how I would like things to progress regarding contact?

ie: I have proven to the courts that I do not pose a risk and there is no evidence from the respondent that proves that I am an actual risk to our child etc?

I would propose that direct contact starts with xyz?

Am I on the right lines?
after the analysis 'per allegation' i then moved on to what i would like to happen next, again points which were numbered, this included contact schedule, supoervised, cafcass intervention (or waht is now called ICFA), this is whats needed in my circumstances, yours may be different, but to sum up its orders sought, so anything youd like to request, this could include detailed holiday notification or if contact centres are missed by mother, she should pay etc.

this is what i did, someone more on the ball may have better suggestion.....
 
The ex openly said yesterday, that she never wants me in our child's life. And she will never support any direct contact.
remember to quote her on that specifying the day/date (and time) she said it, followed by the fact that you do not agree to that.

remember these documents, hearings are part of your history, your kids 'may' want to be privvy to these documents later in life after they've grown up into adulthood.... they have that right.
 
remember to quote her on that specifying the day/date (and time) she said it, followed by the fact that you do not agree to that.

remember these documents, hearings are part of your history, your kids 'may' want to be privvy to these documents later in life after they've grown up into adulthood.... they have that right.

She openly said this to the judge during cross-examination.
 
  • Wow
Reactions: Ash
Submissions were over quickly. 20 minutes each if that. I did my very best and summarised.

But like always, afterwards we always think I should have maybe said more.

The next step is the handing down of judgment with Cafcass there.

I think i'm going to write a statement with proposals and things to consider and hand it to the judge on the morning.
 
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