LIP for a Fact Finding

[Ddavis]

Did you send all your evidence along with the statements on allegations? My son has to provide a Scott schedule and a statement his ex is doing the same, my son has tons of messages and photographs of injuries, so not sure when we provide them? Also how do we send the Scott Schedule and statements to cafcass, is there a generic email?

Our Judge didn't call it a Scott Schedule. best way to describe it would be It was a list of Allegations brief description and we had to list what evidence we had. So for example. Allegation 1 - Respondent attacked applicant with a knife. Children were not present at the time. Injury was not seen by a medical professional (Evidence - Photograph of injury)

I don't want to give you incorrect information, but we were asked to email it to the court, her solicitor and yes a generic cafcass email. But this was ordered by the judge, and to be honest its all pointless because his ex always gets to see ours first as her deadline is always a week after ours. But as we are just telling the truth we have chosen not to worry about that anymore as her lies seem to be tripping her up along the way.

 

[Nanaforsonsjustice]

Our Judge didn't call it a Scott Schedule. best way to describe it would be It was a list of Allegations brief description and we had to list what evidence we had. So for example. Allegation 1 - Respondent attacked applicant with a knife. Children were not present at the time. Injury was not seen by a medical professional (Evidence - Photograph of injury)

I don't want to give you incorrect information, but we were asked to email it to the court, her solicitor and yes a generic cafcass email. But this was ordered by the judge, and to be honest its all pointless because his ex always gets to see ours first as her deadline is always a week after ours. But as we are just telling the truth we have chosen not to worry about that anymore as her lies seem to be tripping her up along the way.

Thank you for this. The court asked for cafcass the court and the respondent mother to be emailed and she has to do the same, they both have the same deadline date and time but her solicitor will likely miss the deadline again.

 

[Ddavis]

Thank you for this. The court asked for cafcass the court and the respondent mother to be emailed and she has to do the same, they both have the same deadline date and time but her solicitor will likely miss the deadline again.

I think our dates and times are supposed to be the same, but as we a LiP her solicitor writes up everything and its surprising how much artistic license she gets away with. However my partner wants to play it straight and continue to keep his narrative and tell the truth and let his ex and her solicitor trip herself up. Its a case of picking which battles to fight and yes her solicitor is playing games and not writing it exactly how it is meant. But nothing too bad so far that we need to pull her up on. but its all proof for when she does push it too far, and we have to object.

 

[DadLad]

Are Cafcass already involved?

 

[DadLad]

I think our dates and times are supposed to be the same, but as we a LiP her solicitor writes up everything and its surprising how much artistic license she gets away with. However my partner wants to play it straight and continue to keep his narrative and tell the truth and let his ex and her solicitor trip herself up. Its a case of picking which battles to fight and yes her solicitor is playing games and not writing it exactly how it is meant. But nothing too bad so far that we need to pull her up on. but its all proof for when she does push it too far, and we have to object.

I know this trick all too well. They do this to undermine and take advantage of the LiP.

This is called portraying a false narrative, they tried this with draft orders but with each hearing I have requested to have them sent to me first for agreement.

They have even purposefully left out documents from bundles but I am on the ball and I scrutinise everything.

 

[Nanaforsonsjustice]

They did the first safeguarding letter and then there was a different cafcass officer in the court hearing who didn’t like my son. The court didn’t want fact finding but mother did and cafcass agreed. There are allegations on both sides, he was nfa by police due to lack of evidence she is being investigated by the police and case is with cps to see if there’s enough to charge. Court have him a non mol as an applicant to keep her away from him. Once the fact finding is out of the way then cafcass will do a s.7.

 

[DadLad]

They did the first safeguarding letter and then there was a different cafcass officer in the court hearing who didn’t like my son. The court didn’t want fact finding but mother did and cafcass agreed. There are allegations on both sides, he was nfa by police due to lack of evidence she is being investigated by the police and case is with cps to see if there’s enough to charge. Court have him a non mol as an applicant to keep her away from him. Once the fact finding is out of the way then cafcass will do a s.7.

This is usually the case, you get 1 Cafcass officer assigned to do the safeguarding letter and another assigned to do the S7 report which is much more in depth.

 

[Nanaforsonsjustice]

This is usually the case, you get 1 Cafcass officer assigned to do the safeguarding letter and another assigned to do the S7 report which is much more in depth.

The one doing the s.7 will be different to the one who was in the fhdra, so will have seen 3 different ones. It’s so inconsistent because they don’t read and agree what the previous one says.

 

[DadLad]

The one doing the s.7 will be different to the one who was in the fhdra, so will have seen 3 different ones. It’s so inconsistent because they don’t read and agree what the previous one says.

I agree but within Cafcass it's all different departments which deal with different reports.

So far I have had 2 different Cafcass officers write reports and 1 duty officer at a hearing. I agree it's so inconsistent and frustrating.

 

[DadLad]

I received the schedule last month but within the order there is nothing about responding to the schedule.

I have evidence to counter her allegations in response.

The mother has only listed a few allegations and they are very petty to say the least. Surly this is a waste of time and resources for a 4 day composite final hearing?

Should I write to the court asking for directions in regards to responding? Or will the judge look at the schedule and cancel the FF?

 

[Nanaforsonsjustice]

My son was ordered by the court to respond to the allegations both on the schedule and the statement, which we have done and provided evidence to counter the allegations. We are hoping the magistrates cancel the ff on the evidence available to them.

 

[DadLad]

My son was ordered by the court to respond to the allegations both on the schedule and the statement, which we have done and provided evidence to counter the allegations. We are hoping the magistrates cancel the ff on the evidence available to them.

We were only ordered to file and serve the schedule. There is nothing in the order regarding responding to the schedule etc.

 

[Nanaforsonsjustice]

I would write a response and if your litigant in person. At the next hearing ask the court if you can submit your statement to them in response to her schedule with evidence to support .

 

[DadLad]

I would write a response and if your litigant in person. At the next hearing ask the court if you can submit your statement to them in response to her schedule with evidence to support .

The judge stated that he wasn't interested in any historical allegations. Only allegations from both parties which may have directly affected the kids.

The ex has included in her schedule, allegations which have no relevance and gone against what the judge directed.

How would I respond to those? I don't want to leave it blank but I also don't want to respond to them as they are irrelevant.

 

[Nanaforsonsjustice]

I would respond with: This allegation is irrelevant to the case as the Judge ordered both parties not to include historical allegations not relevant to the child, which this is.

If the said allegation is also not true I would respond with: This allegation is irrelevant to the case as the Judge ordered both parties not to include historical allegations not relevant to the child, which this is. However, I deny this allegation as it didn’t happen and I am unsure why the respondent has said this.

 

[BirminghamUK]

in my case, 7 of the 9 allegations are historical and all 9 allegations are non child related. the court will be entertainig all 9 as they have been since 2020, i get a different judge each time and everytime the new judge is making fresh orders almost as if the past adjournements etc havent happened, my PTR is next month and 3 day fact find is the following month. This will be a sixth attempt in 2024...

 

[DadLad]

The ex's solicitor is trying to leave out audio and video files even though it was agreed for them to be included in the court bundle.

These are vital for my evidence as they counter the ex's allegations.

I have opposed the bundle until they are included.

 

[Nanaforsonsjustice]

If they don’t include them you can provide them in a separate bundle. I believe it’s called an addendum.

 

[DadLad]

If they don’t include them you can provide them in a separate bundle. I believe it’s called an addendum.

They know exactly what they are doing by trying to undermine me. I have an email asking for documents to be included and they responded and agreed to these being included.

Now they are making excuses and trying to leave them out.

 

[Nanaforsonsjustice]

Common tactics. A few years ago I worked as a paralegal for 3 years as I have a law degree and the solicitors in charge always use these tactics. The best way forward is to prepare a separate bundle just in case and submit it to the court.