Scott schedule-responses help

[lostdad81]

and i agree providing evidence is her headache, but i see one of her allegation is financial abuse that i forced her to apply for a loan and transferred to me and she is evidencing text conversation which are politely requested and bank statement that she transfer

In my reply, Agree she transfer but that was a polite request with no abusive behaviour and i paid pack, i evidenced with my bank statement to show the transfer back. so as court asked even i can cross reference where necessary with my evidence

agree?

 

[Resolute]

Ok, so you have seen her evidence.

1) Cafcass writing down what she told them

2) What she wrote in her position statement

3) What she wrote in emails to herself

4) What she told the police, but the police could not confirm

It feels like it is her that needs to find some evidence here.

She may well state in the hearing that she has further evidence for the finding of fact.

 

[lostdad81]

Ok, so you have seen her evidence.

1) Cafcass writing down what she told them

2) What she wrote in her position statement

3) What she wrote in emails to herself

4) What she told the police, but the police could not confirm

It feels like it is her that needs to find some evidence here.

She may well state in the hearing that she has further evidence for the finding of fact.

She may well state in the hearing that she has further evidence for the finding of fact.
I think she has submitted to her best, but lets see.

To answer me the above 4 points, will the court counts them as evidences?

 

[Peanut 21]

She may well state in the hearing that she has further evidence for the finding of fact.
I think she has submitted to her best, but lets see.

To answer me the above 4 points, will the court counts them as evidences?

Currently they all sound like hearsay.

It's common for these types to go to the police over nothing 'just in case'.

It doesn't sound like she has anything of substance.

Vague allegations are another tactic to get you churned up and worried.

 

[Ash]

She is clutching at straws there. What's that about emails sent to herself? Are they clearly from her or has she faked them to look like you sent them? Assume they are diary notes she emailed to herself. They do sometimes count as evidence if date marked but ..........depends what they say and the timing of them. Could be an argument that she wrote them after you applied to court for example.

 

[Ash]

So do you have any evidence that contradicts anything she is saying? You mentioned a loan? Presumably there is documentation for that and correspondence etc. I mentioned previously, that receipts for things on certain days and times can help. She will be expected to put dates for her allegations and if you have something that proves you were not at home or away on those dates/evenings that could help. Football ticket, parking ticket, train ticket, receipt for a coffee in a coffee shop etc etc.

 

[lostdad81]

She is clutching at straws there. What's that about emails sent to herself? Are they clearly from her or has she faked them to look like you sent them? Assume they are diary notes she emailed to herself. They do sometimes count as evidence if date marked but ..........depends what they say and the timing of them. Could be an argument that she wrote them after you applied to court for example.

They are like dairy notes she put in drafts/mailed herself and date marked and are before I applied to court. Have to wait and watch how court seems them

 

[lostdad81]

So do you have any evidence that contradicts anything she is saying? You mentioned a loan? Presumably there is documentation for that and correspondence etc. I mentioned previously, that receipts for things on certain days and times can help. She will be expected to put dates for her allegations and if you have something that proves you were not at home or away on those dates/evenings that could help. Football ticket, parking ticket, train ticket, receipt for a coffee in a coffee shop etc etc.

Yes and i used to cross reference to my reply

 

[Peanut 21]

Of the 18 allegations has she put loads of detail? Or is it just a sentence?

 

[Ash]

The evidence of hers I would be wary of, is her diary notes - that type of evidence can be viewed quite seriously (it works both ways). If you have any evidence yourself, that contradicts something in her diary notes, that would help undermine their overall credibility.

 

[winger]

The evidence of hers I would be wary of, is her diary notes - that type of evidence can be viewed quite seriously (it works both ways). If you have any evidence yourself, that contradicts something in her diary notes, that would help undermine their overall credibility.

Just a question regarding diary notes, what stops an ex from writing a diary now, and dating it back then, so it looks like it was written then?

 

[Ash]

Nothing really, but if emailed to herself it's date stamped so seems more authentic. It's something we recommend for diary notes - email them to yourself so it's date stamped and doesn't look like it was written yesterday. Technically anyone could put anything in an email diary note, and doesn't mean it's genuine, but over time a pattern can build up that builds a picture (eg if the diary notes relate to how a child is each time you see them or after certain events). I found it helpful when my son was being alienated. Even if not used as evidence, they are memory joggers when you come to write statements.

 

[lostdad81]

The evidence of hers I would be wary of, is her diary notes - that type of evidence can be viewed quite seriously (it works both ways). If you have any evidence yourself, that contradicts something in her diary notes, that would help undermine their overall credibility.

Ill have to keenly look the actual dates are contradictory, but interesting thing is either days before or after that days i have history of chat that we are talking in normal as nothing is happened. The reason is, the dated issues are just a normal disagreements or discussions. She is just manipulating them as serious by her notes

 

[Ash]

That could be useful if your text chats were juxtaposed with her diary notes to show normality.

 

[lostdad81]

That could be useful if your text chats were juxtaposed with her diary notes to show normality.

Yeh, one draft says she tried to comment suicide where her parents stopped when at her parents, but next day she made a video call as i was missing the child. As this is only DRA, i will wait and watch for the directions. I might need a DA barrister for FF if there is any to convene the judge

 

[Ash]

Did it say a reason why she tried to commit suicide? ie did it blame you? If not, it may just suggest that she has mental health issues.

 

[lostdad81]

Did a say a reason why she tried to commit suicide? ie did it blame you? If not, it may just suggest that she has mental health issues.

Blaming me, but i also see the child is in risk when she wants a full custody

 

[Ash]

Ok so keep that focused on the contradictions then. In her diary notes she says she was suicidal because of you for some reason. But around that time you had perfectly normal texts and a video call the day after that was written and her state of mind during those seemed perfectly fine. I wouldn't push her "mental health" or it could backfire - sounds like a deflective excuse for example. Let others determine that, if it's the case.

 

[BrainDad]

Denied.

If it goes to a fact finding:

Transcribe what you said on the recording and include it in your witness statement you do later. and say you weren't shouting and there is evidence if the Court wishes to see it.

The best interests of the child is paramount and the recording is necessary to further the best interests of the child.

 

[lostdad81]

ok i just had my DRA today, just to say thank you is not enough. I really appreciate your prompt responses. So the outcome
1. I am LIP self represented
2. Respondent with DAB
3. Originally court order 4month hair strand test, but only managed to do 3month due to short hair, additional submitted GP letter. Court convinced and no more alcohol testing
4. Respondent put 18 allegations (dv, sexual, financial and what not) I submitted my responses with strong position statement
5. Input my argument, as court can see, based on my responses and evidence most of them are allegations only and i partially agree to few as they been fabricated to her convenience, added more fire to project more serious. Court agreed no FF is necessary based on probability and long marriage
6. Section 7 is ordered which will take obviously 16 weeks and 2 weeks after that another direction hearing
7. Interim contact can now happen, father pays and submit the repost, supervision (minimum 3 visits until the next hearing) for an hour
8. I raised that cafcass should not consider mother’s SS for their section 7, as its a long marriage and we both are equally responsible for the issues. I admit we had arguments, dislikes, discussions but not the way how it was projected in the SS. Court agreed to it
9. Happy overall

Special thanks to @Ash @Resolute