prep for fact finding as LIP. Any advise?

[otaku]

Hi all,

I’m getting ready for a three-day fact-finding hearing, and I’ll be representing myself because I can’t afford a barrister this time (proceedings have gone round and round in circles - this is hearing no. 6). The other parent has made a bunch of allegations that have actually been brought up before and were already looked at in previous proceedings (and ordered not to be relevant). I’m hoping some of you who’ve been through this can share advise on how I might handle these repeated claims and maybe even convince the judge to dismiss them.

A few things I’m especially unsure about:

1. Showing Allegations Are Repeats: What’s the best way to point out that these allegations were already raised and dealt with before? How should I bring this up so the judge will really take it on board?
2. Getting the Judge to Dismiss Old Claims: Has anyone had luck with getting a judge to throw out repeated allegations? Are there any phrases or approaches that worked for you in getting the court to stop focusing on old issues?
3. Presenting Evidence Clearly: I don’t have much time or resources, so I want to make sure I’m organising my evidence the best way I can, especially anything that shows these issues were already resolved. Any tips on what’s most effective for showing this without overwhelming the judge with details?
4. Getting a Barrister for One Day: This hearing is three days, and while I’m mostly on my own, I’m wondering if it’d be worth finding a barrister just for one of the days (probably for the toughest parts). Has anyone done this, and do you think it made a difference?
5. do's and don'ts?

Any tips or experiences you can share would really help me feel more prepared for this. Thanks so much in advance!

 

[Peanut 21]

Point 1: all you say is "The allegations repeated by Ms Ex were dealt with in previous hearings dated xx/xx/xxxx" This also covers point 3. I don't think you'd need evidence as such. Just mentioned in a position statement before the next hearing.

Point 2: hopefully the Judge will agree with point one and dismiss the allegations.

Point 4: I'm not sure. Someone else might have more info.

Courts see the same allegations dragged up time and time again.
You mention the allegations were ordered not as relevant so hopefully they won't be lingered on too much.

For your own peace of mind it might be worth printing off the allegations and writing next to them where you were at the times they were alleged and any other relevant info like any witnesses.

 

[Ash]

It's quite a lot of work. You also need to do a statement and if it's a 3 day hearing there will probably be cross examination as well. That's often where barristers do well in undermining the ex's allegations. If your ex has accused DA you won't be allowed to cross examine her yourself, which puts you at a disadvantage. Is there anything in the order that says you can send a list of questions for the Judge to ask the ex on your behalf?

I am not sure that a barrister would do just one day and not the whole hearing, and if they agreed to it would be difficult to know which day to use them for as you might not know the order of things in advance, and it can change partway through if something goes on longer one day eg.

I guess it's possible to see if you can hire a barrister just for cross examination. They would need to know the whole case though and might not be comfortable about it if they didn't see/hear what happened at the rest of the hearing.

 

[otaku]

Thanks for the input.
I think i'll add those points to the position statement. I think counsel at this point isn't an option.

Do you have a view over volume of questions to ask per allegation?

Also, the other side's sneaky side have submitted a court order from a directions hearing to the court without first allowing me to feed in. The order (as you'd expect is completely written in their favour and excludes many things that were decided in my favour. Is there anything I can do?
Message the court directly?

 

[Nanaforsonsjustice]

Thanks for the input.
I think i'll add those points to the position statement. I think counsel at this point isn't an option.

Do you have a view over volume of questions to ask per allegation?

Also, the other side's sneaky side have submitted a court order from a directions hearing to the court without first allowing me to feed in. The order (as you'd expect is completely written in their favour and excludes many things that were decided in my favour. Is there anything I can do?
Message the court directly?

@DadLad might be able to help you here, he had a very good outcome acting as LIP for his FF hearing.