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Witness Statement for DRA

K

KG70

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Hi everyone

I have a week to prepare a witness statement for the upcoming DRA. The statement needs to address how contact has been since the FHDRA and my views on the S7 report.

S7 report has mostly been ex mudslinging and false allegations. I applied for equal parenting time.

May I ask if including WhatsApp and text messages as pdf format in exhibits rather than screenshots (as these take a lot of space) is acceptable?

Any advice from those who have had to prepare a witness statement, in terms of format / template much appreciated.

Thanks
 
It doesn't matter if it takes up a lot of space.
How many exhibits do you have?
Have you seen the below for guidance?

Witness statements - childlawadvice.org.uk

This information page will provide advice on the subject of 'witness statements'. Witness statements are integral in setting out the evidence which a person intends to rely on during the course of family proceedings. What is a witness statement? A witness statement is a written document...
childlawadvice.org.uk childlawadvice.org.uk
 
Peanut 21 said:
It doesn't matter if it takes up a lot of space.
How many exhibits do you have?
Have you seen the below for guidance?

Witness statements - childlawadvice.org.uk

This information page will provide advice on the subject of 'witness statements'. Witness statements are integral in setting out the evidence which a person intends to rely on during the course of family proceedings. What is a witness statement? A witness statement is a written document...
childlawadvice.org.uk childlawadvice.org.uk
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Thanks @Peanut 21 for the guidance, I will read it now.

I dont know how many exhibits I will end up having but it is a lot easier to export the whatsapp chat into a pdf than doing screenshots.

How do I refer to the ex in my witness statement: ex, mother, respondent, Ms Xxx?
 
You can use Ms Ex. It sounds less formal than respondent and actually refers to a named person.
 
Re pdf, I don't really have a view on this, others may.
When I helped my partner with a witness statement last year he used whatsapp messages. We screenshotted them and cut and paste so there were 4 per page. Then numbered each screenshot.
The thing is quite often you spends hours on these documents and then find out the Judge just flicked through it.
They won't look at every single piece of evidence so pick out really strong messages. For example if there's one of her saying something like "you're not seeing the kids later".
 
Peanut 21 said:
Re pdf, I don't really have a view on this, others may.
When I helped my partner with a witness statement last year he used whatsapp messages. We screenshotted them and cut and paste so there were 4 per page. Then numbered each screenshot.
The thing is quite often you spends hours on these documents and then find out the Judge just flicked through it.
They won't look at every single piece of evidence so pick out really strong messages. For example if there's one of her saying something like "you're not seeing the kids later".
Click to expand...
Yes, you can indeed spend hours, I find it all so overwhelming. The S7 report arrived 6 days ago and is full of false allegations and so biased towards the mother, it is hard to know where to begin.

How long did it take you to do the witness statement and do you think using a solicitor is must?
 
KG70 said:
Hi @Nanaforsonsjustice @Resolute @nothernsoul @Richie1989

May I ask if including WhatsApp and text messages as pdf format in exhibits rather than screenshots (as these take a lot of space) is acceptable?

Thanks
Click to expand...
Hi, the magistrates in my sons case and many other cases I have worked on prefer pdf, this is because all data is made available including dates and names of people sending the messages. Screenshots aren’t always as accurate with dates etc and some people cherry pick messages when screenshotting, whereas pdf shows everything and in chronological order.
 
Nanaforsonsjustice said:
Hi, the magistrates in my sons case and many other cases I have worked on prefer pdf, this is because all data is made available including dates and names of people sending the messages. Screenshots aren’t always as accurate with dates etc and some people cherry pick messages when screenshotting, whereas pdf shows everything and in chronological order.
Click to expand...
Thanks @Nanaforsonsjustice
I have exported the chat from WhatsApp and then converted this into pdf format. This is a huge document but I will only be including relevant information as part of my exhibits. Did your son include the whole chat or just the bits that he was relying on?
 
KG70 said:
Thanks @Nanaforsonsjustice
I have exported the chat from WhatsApp and then converted this into pdf format. This is a huge document but I will only be including relevant information as part of my exhibits. Did your son include the whole chat or just the bits that he was relying on?
Click to expand...
He included the whole chat, if you don’t include the whole chat the magistrates can throw the evidence out and say you cannot use it because you haven’t provided it all. This is because you may be hiding stuff that looks bad on you and only show the stuff that looks bad on her. This happened in my son’s case, his ex cherry picked screenshots and audio and visual for which she didn’t have permission from the court to include either, and the magistrates said her exhibits cannot be used as they didn’t provide a full picture.
 
Nanaforsonsjustice said:
He included the whole chat, if you don’t include the whole chat the magistrates can throw the evidence out and say you cannot use it because you haven’t provided it all. This is because you may be hiding stuff that looks bad on you and only show the stuff that looks bad on her. This happened in my son’s case, his ex cherry picked screenshots and audio and visual for which she didn’t have permission from the court to include either, and the magistrates said her exhibits cannot be used as they didn’t provide a full picture.
Click to expand...
Gosh, the chat script is over 200 pages in the last 3 years alone. There are photos of the child and a lot of communication between parents. A lot of historical disputes but also a much more civilised communication in the last two years.
If all of this is to included how do you point to the to the bits that disprove her false allegations for instance, By giving the page number/date of the chat in question?
 
@Nanaforsonsjustice shows there's so many different ways a WS can go.

My partners WS was for an appeal hearing instigated by the ex so may be a different situation.
It took bliming ages though and no-one seemed particularly bothered by the exhibits in it. Strangely the ex didn't put any in with hers, even though her barrister helped her write it. Odd.

Anyway, I digress. You don't need a solicitor. They are resource parasites.
 
Peanut 21 said:
@Nanaforsonsjustice shows there's so many different ways a WS can go.

My partners WS was for an appeal hearing instigated by the ex so may be a different situation.
It took bliming ages though and no-one seemed particularly bothered by the exhibits in it. Strangely the ex didn't put any in with hers, even though her barrister helped her write it. Odd.

Anyway, I digress. You don't need a solicitor. They are resource parasites.
Click to expand...
Exactly no guidance given by courts.

I cannot afford a solicitor but am also finding it hard to do this statement, what evidence to include, how to present it, will it matter, do I have enough time?!
 
KG70 said:
Gosh, the chat script is over 200 pages in the last 3 years alone. There are photos of the child and a lot of communication between parents. A lot of historical disputes but also a much more civilised communication in the last two years.
If all of this is to included how do you point to the to the bits that disprove her false allegations for instance, By giving the page number/date of the chat in question?
Click to expand...
That is a lot. Ok a way round this is to provide only what you believe are relevant bits to include, ones that disprove her allegations and also ones that prove things you have said then at the bottom before your statement of truth advise this “I have in excess of over 200 pages of messages between myself and Miss Ex, I have exhibited some of these as my exhibits xx/01 to xx/45 and can provide the remainder of the messages if requested by the court”. The court will accept this as an alternative.
 
Nanaforsonsjustice said:
That is a lot. Ok a way round this is to provide only what you believe are relevant bits to include, ones that disprove her allegations and also ones that prove things you have said then at the bottom before your statement of truth advise this “I have in excess of over 200 pages of messages between myself and Miss Ex, I have exhibited some of these as my exhibits xx/01 to xx/45 and can provide the remainder of the messages if requested by the court”. The court will accept this as an alternative.
Click to expand...
thanks for the tip, that is a more sensible way to present the messages.
 
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