Witness Statements, tips

[Daddy Cool]

Thanks Ash,

More details are in one of my threads here : https://www.dadswithkids.co.uk/threads/stbx-witholding-access.2608/

We are attending for a FHDRA prior to receiving the section 7 report as well, which some people are saying is a little odd.

 

[bristol360]

Not sure if this is the exactly the right place to post however I have a final occupation order hearing in the few months. The first hearing was literally a few days before Christmas. As part of this, the judge asked to submit witness statements by the 14th Jan. I have no idea what to do, can I do this myself? I'm not sure what to put in there, there was reference to financial outgoings in the hearing by the judge but the order did not detail anything as my partner is contesting paying the bills. Do I just submit recent bank statements for this?

Think I may need to ask for an extension, how is this done?

Thanks in advance.

 

[Razbert]

I would like to get a witness statement from a 'former' mutual friend and parent of a friend of my child. However my ex has forbidden the person from answering my messages and had originally said "tell him you don't want to get involved". So the end result is the friend has been alienated against me. Would the correct way to get them to give an unbiased statement be from a solicitor's letter?

 

[Ash]

Not sure if this is the exactly the right place to post however I have a final occupation order hearing in the few months. The first hearing was literally a few days before Christmas. As part of this, the judge asked to submit witness statements by the 14th Jan. I have no idea what to do, can I do this myself? I'm not sure what to put in there, there was reference to financial outgoings in the hearing by the judge but the order did not detail anything as my partner is contesting paying the bills. Do I just submit recent bank statements for this?

Think I may need to ask for an extension, how is this done?

Thanks in advance.

Hi yes ask for an extension. I'm not that up on witness statements for occupation orders, but a witness statement is basically your opportunity to submit evidence. Your statement is your evidence - because everything you say in it, you back up with an "exhibit" (ie a piece of evidence). It's your chance to prove what you're saying is true, and present an argument that way, as to why things should go in your favour. Does it give a page limit for the witness statement?

To ask for an extension, email the court, formally and politely starting with Dear Sirs - give the case number in the subject heading along with "Extension Requested". In the body of the email just say you are requesting an extension for submission of the witness statement, which was only ordered just before Christmas and you have not had chance to have legal advice".

 

[Ash]

I would like to get a witness statement from a 'former' mutual friend and parent of a friend of my child. However my ex has forbidden the person from answering my messages and had originally said "tell him you don't want to get involved". So the end result is the friend has been alienated against me. Would the correct way to get them to give an unbiased statement be from a solicitor's letter?

I don't understand the question, sorry.

 

[Razbert]

I don't understand the question, sorry.

I would like the witness to state that in the past, when I would take my daughter to meet her schoolfriend and their family on days out together, that I was a model parent. I have a list of dates with photos, so I would like some corroboration of the events and what we did. My ex is claiming that I can't be trusted to keep her safe - which is opposite to the truth. Unfortunately she seems to have alienated the schoolfriend's mother against me, as my messages aren't answered.

 

[Ash]

A witness statement of the type this thread is about is, a statement that you make to the court, your evidence and it includes evidence. It doesn't actually mean a statement from a witness Generally statements from family and friends hold little weight because the court assumes any witness for either side will be biased - which they are usually.

 

[hazemaze]

Once witness statements have been exchanged can you give the court evidence you have at the final hearing which disproves some statements made in the other parties witness statement?