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Witness Statements, tips
- Thread starter Resolute
- Start date
Hi guys, I recently emailed my daughter’a teacher as she asked me to speak to them regarding how she felt, as she was sometimes sad at school due to the new arrangement. She was worried that if she asked her mum, she might get told off (I know 
).
I emailed her teacher and within the email, I mentioned that i had applied to the court for resolution.
I’m unaware of the rules and I may be playing this a little safe. But am I ok to use this as an exhibit with that inclusion? I think it’s important that I can show how manipulative her mum is and that I’ve have to circumvent her to get messages across.
I don’t wish to get on the wrong side of the court by showing I’ve discussed something about court with another person.
Thanks!
). I emailed her teacher and within the email, I mentioned that i had applied to the court for resolution.
I’m unaware of the rules and I may be playing this a little safe. But am I ok to use this as an exhibit with that inclusion? I think it’s important that I can show how manipulative her mum is and that I’ve have to circumvent her to get messages across.
I don’t wish to get on the wrong side of the court by showing I’ve discussed something about court with another person.
Thanks!
Lastly, upon reflection, should this be filed to the court in person? Or email? Or both?
Thanks.
Thanks.
One thing I found through my proceedings (I was LIP) is that when I filed documents via email, on every occasion - on time, correctly, using their upload centre for the bundles. I always turned up to the hearing and they always did not have something. It was extremely frustrating.
So when I did my appeal following my final hearing, I spent a little more on some slightly nicer paper, I got a few of those see through plastic wallets with index numbers on and I got a £50 printer. I then personally took it to the court and handed it over. Those next three hearings each time the Judge had those nice bits of paper, the plastic wallets and every page I printed out in front of him. So myself and him was working in harmony getting to ‘Section F. Paragraph 33 D and Evidence Statement 5’ in seconds, the ex and her legal were fumbling around like idiots for minutes - I consciously sent the other party only the email of documents for the sole reason of I knew they wouldn’t of even looked at my email and in turn resulted in me just pinging back and fourth to the judge my arguments and position extremely quickly and clearly and with thought.
Does anyone have an actually full example of a witness statement? In my case there not a lot to talk about and I think it's primarily just being frozen out before baby was born and then shortly immediately afterwards. I just would like to see what a full example would look like .
I saw this video which linked to the "statment of hate" which i found to be a chuckle.
I thought there there may have been another fictional example that was more realistic as a guide, would be useful content.
I was advised to include photographs, plenty of them so I had a dozen of me and little one having fun doing stuff together. Out and about, smiles. It broke up the text really well and a picture does paint a thousand words.
She submitted one picture of the little one on her own and endless pages of text/waffle/dirge that it was a real struggle to get through.
She submitted one picture of the little one on her own and endless pages of text/waffle/dirge that it was a real struggle to get through.
The school should have some form of support for the kids, depending on the age.
Just to be aware the school’s interest is in the child, and pretty much whatever you now say or do will be documented as they’ll expect CAFCASS or the police to ask them for their opinions.
They’ll be savvy to parents trying to put the other parent in a bad light.
Just continue to focus on your child’s best interest, and try avoid the acrimony- it just destroys kids when they’re exposed to parents arguing.
www.gov.uk
Just to be aware the school’s interest is in the child, and pretty much whatever you now say or do will be documented as they’ll expect CAFCASS or the police to ask them for their opinions.
They’ll be savvy to parents trying to put the other parent in a bad light.
Just continue to focus on your child’s best interest, and try avoid the acrimony- it just destroys kids when they’re exposed to parents arguing.
Reducing Parental Conflict: the impact on children
Explore the impact of parental conflict on children and young people.
I found that putting in a good cross section showing the variety of what I do with them and a positive, child focussed WS, contrasted heavily against the mudslinging and lack of evidence from their WS.
I couldn't tell you for definite if that is what made the difference or just the sheer situation but it did feel like it tipped the balance of probability which is really what you're fighting in court.
Yes I can see that in some situations it could be helpful and positive, and even prove something. I kind of wish I had used a couple of photos from the times my son spent Christmas Day with me, because ex's statement claimed he had always spent it with her! They would have proved that was a lie! If you can show date stamps on photos it could help in some situations - I think there's a way of copying a photo with the file data showing - eg the date.
If it's a very young child it could help show you were involved in the early years.
If it's a very young child it could help show you were involved in the early years.
Your witness statement or a witness statement for someone you wish to rely upon in a hearing?
Would you guys recommend referencing case law in your witness statement to back points up...?
Can anyone advise on my query above please? May be a foolish question, I have no idea
There is relevant case law I would like to discuss specifically surrounding the allocation of contact time...
There is relevant case law I would like to discuss specifically surrounding the allocation of contact time...
Guys, I have been advised in my witness statement for my delayed FHDRA to not spend too much effort addressing Ex’s allegations but to focus on the reasons for applying for the CAO, and my relationship with the children. Even so far as to only have around 10% of statement responding to allegations.
Would this be a recommended approach ?
Would this be a recommended approach ?
You have to do a Witness statement for an FHDRA? Not for a final hearing?
If it's for a final statement there is no need to respond to allegations if they have already been dismissed by the court - which, if your next hearing is a final hearing, they will have been. Your Final Statement/Witness statement is your evidence and opportunity to persuade the court why they should make the order you have been asking for. Within this you want to keep it child focused, and not be negative about the Mother. However you can attach evidence (Exhibits) and your statement can be structured around the evidence. So if you have a number of emails or messages from the ex that are vile, obstructive etc etc. You can use those saying something like "It is very difficult trying to make agreements with Mrs Ex (see exhibit a) so I believe a clearly defined order will allow for ongoing consistency and stability for child name.
As an example for one part of it. So although you're not criticising her directly, you're using evidence that shows her up.
The last/end part of your statement needs to set out exactly what you are asking the court to order.
However, if, as you say, you've been ordered to submit a witness statement for FHDRA, then does the order say what you need to address in this witness statement? Have you had a Section 7 report?
If it's for a final statement there is no need to respond to allegations if they have already been dismissed by the court - which, if your next hearing is a final hearing, they will have been. Your Final Statement/Witness statement is your evidence and opportunity to persuade the court why they should make the order you have been asking for. Within this you want to keep it child focused, and not be negative about the Mother. However you can attach evidence (Exhibits) and your statement can be structured around the evidence. So if you have a number of emails or messages from the ex that are vile, obstructive etc etc. You can use those saying something like "It is very difficult trying to make agreements with Mrs Ex (see exhibit a) so I believe a clearly defined order will allow for ongoing consistency and stability for child name.
As an example for one part of it. So although you're not criticising her directly, you're using evidence that shows her up.
The last/end part of your statement needs to set out exactly what you are asking the court to order.
However, if, as you say, you've been ordered to submit a witness statement for FHDRA, then does the order say what you need to address in this witness statement? Have you had a Section 7 report?