'No Evidence' Final Hearing - Advice needed!

[smithsmith]

My case is listed for a final hearing which is fast approaching. We had a day in court as Ex wanted to postpone final date and judge ruled against this. This did however give us a couple of hours with the judge who will be presiding of the final hearing. I asked him a couple of questions about the direction "The parties will not need to cross-examine each other and the hearing will be dealt with by way of submissions." I have seen lots of Dads include a diary with pictures and often evidence is given as a separate document beyond the 4 page limit.

The judge made it very clear that anything beyond 4 pages will simply not be looked at. There are no safeguarding concerns and the Judge seemed slightly perplexed as to why we couldn't work something out when we seem to co-parent quite amicably and still do things together with our son (Three guesses why a fair arrangement isn't being worked out.)

I'm trying to take this whole no evidence thing as a positive because thankfully this isn't particularly complicated with no major allegation thrown either way, so it should be straightforward in any order that gives our son ample time with both parents. The whole reason I took this to court is because I was averaging 50/50 care and then when I got a girlfriend my Ex limited me to two nights a week. She is adamant that this is how it's always been and I just wanted to show a couple of screenshots where she refused to drop my son off if my girlfriend was there, and when she withdrew my Thursday nights because I "lied" about my girlfriend being there. I think it's incredibly relevant that my son has had his time with me reduced because she's going to argue that it's been this way forever and that it would unsettle our son to change anything now.

I'm just a bit lost. If I can include everything I need in 3 pages, is it still worth putting a couple of screenshots in? The judge specifically said it's a 4 page limit because people include 10 pages of screenshots. I'm not interesting in the tit for tat, throwing mud etc etc but I really feel these prove my son's time was reduced. Part of my argument is we need this order to protect this ever happening to my son again.
I also have a statement of truth from my most recent employer that attests to the fact I have had my son more since they've known me and also the work I did was charity and in the community which I also thought was relevant as ex did her best to paint me as some sort of football hooligan in her initial statment.

A lot of nerves and anxiety here, I'm not sleeping because of the worry. I just want a bit of guidance and experience to settle me a bit. I would like to consider the postives of a submission only hearing where the judge isn't interested in evidence, but also if there's anything to consider for how this could work against me.

Thank you very much in advance.

 

[Ash]

Hi "submissions" can mean written as well as oral. What does the order ask for? A witness statement? A statement? Or a position statement? While it might limit the actual statement to four pages, usually that doesn't include evidence pages, just the statement itself. So evidence that is referred to in the statement, can usually be attached. Unless it only asks for a "position statement".

What he basically seems to be saying is that there is no need for cross examination. If you can find the money, I'd advise getting a direct access barrister to represent you at the final hearing, as they are more likely to be able to persuade the Judge to order what you want.

Yes it's daft when they expect parties to reach agreement when the Mother doesn't want to give up any time!

 

[smithsmith]

I've just scoured the documentation again and it say by X date we must. "send to each other written statements of the evidence they will give to the court"

It also says "Statements must be no longer than four sides of A4 paper. Nothing additional may be attached to the
statements without the court’s permission."

Most recent document says - "ii. The matter shall be dealt with on submissions" and that we must send each other a "position statement" by X date.

 

[Ash]

That sounds a bit confusing because a statement of evidence usually has evidence attached. No more than 4 sides of A4 means the statement itself, and doesn't include pages of evidence. But the bit that says nothing additional may be attached is a bit confusing. Additional to what? The statement or the statement and evidence? It does suggest they are saying - no evidence.

Is it a different date for position statements? Or is that a change to the early order?

 

[smithsmith]

We have a date to submit everything, two weeks before our final hearing.

I am going to email the court for clarification. The judge didn't specifically prohibited evidence but he said he won't look at anything more than 4 pages.

He also drew attention to the fact this is really straightforward and we should be able to sort it between us. He just said we need to lay out our proposals for him to consider.

I'm hoping this means due to there being no safeguarding concerns and the fact we basically co parent really well that everything that's gone before is basically irrelevant to the judge and there's nothing standing in the way of our son spending ample time with both parents.