[Solved] Scott Schedule - Finding of Fact

Hi gents,

Just to clarify, I'm after either some examples of your scott schedules or some guidance on constructing the allegations, wording for the key points raised..

She's thrown me off my game by not submitting her allegations, she'll be stalling for time to try and get the hearing postponed, i'm sure of it.

I will be e-mailing the court tomorrow, but my deadline for response to hers is end of this week so I feel like I need to at least submit something

If you don't know what the allegations are you won't be able to respond.

As she has failed to file on time you should be asking the court not to allow her to rely upon evidence that is filed after the date specified/ordered by the court. There's a case for wasted costs too, although quite rare to. Be awarded, one should still ask.

You might find this interesting

http://thecustodyminefield.com/lying-in-court-and-penalties-for-late-filing-of-evidence/

I would suggest you ask for permission to file a statement of case, as you are unable to respond to the missing Scott Schedule, that way you can bring the court up to date with what has happened and voice the concerns that you have.

A Scott Schedule works when the person making allegations is asked to submit them via the SS, the other party then has the opportunity to answer the allegations that have been made. If she hasn't filed the SS there's no point you using he form to respond.... it this is just my opinion. Have you spoken to your barrister, they may be able to give you guidance on this over a quick telephone call.

This will help you to see what I'm saying

http://www.nofamilylawyer.co.uk/uploads/1/5/7/3/15735358/scott_schedule_1.doc

Thank you. I had in mind that I should potentially do what you suggest

From her original allegations (a LOT of them, in the NMO for a variety of accusations of DV etc), her position statements about me not being there physically, emotionally, financially for the child etc.. I can't see that they can just ignore them because some are quite serious and I'd like to prove her tales are a pack of lies. I just don't see how the court / guardian can get a starting point with all of this stuff not dealt with. (it would protect me too going forward if the court agreed none of her nonsense was true so it can't be used against me again)

Turning up for the 3 days listed is costing me circa £6000 for the barrister, it would be sickening if no further forward after it. The court already pre-warned if we missed this next slot, the next available hearing dates are in February at this point if needing to re-schedule.

You cannot write your own schedule of allegations. If you did, it's likely to be a waste of time and effort as the court will probably not proceed with it as you are in effect talking to yourself.

As Mojo says, you need to write to the court to point out that it's late and you have to send a copy of this letter to the other side as well. Does she have a solicitor & when is your hearing? If you have legal representation I would let them chase it up and worry about whether they will have time to prepare if her schedule arrives close to the date.

If it doesn't arrive then I'm afraid it's very unlikely that the hearing will go ahead and you will find it probably gets adjourned on the day as you can't proceed with that type of hearing without the evidence.

Gents thank you. Makes sense completely. I'm writing out the letter now.

She isn't represented (therefore I will submit to court and to the child's solicitor for onward issue on to my ex as she has recently moved address and I believe filled out a C8), her legal aid funding ran out and I'm told she was unable to be granted more as at the time her 'means' were not meeting the requirements. I believe she has now lost her job though in the last week so I imagine that could now change.

The FOF is listed first week in December, some police reports were due back, and medical reports which have been completed.

Assuming that she had sent in her schedule, I was supposed to respond submitting mine by 17th.

My legal advisor is firmly telling me to file my allegations and not seek permission to do so insisting I do it asap

I will do it, but I'm with your guys way of thinking, that they will just disregard what I put. My main objection is not to allow yet more unnecessary delay, 1 year (qtr of daughters life) now. Criminal what the mother is doing here time and time again.

That's as maybe but if the court were to proceed without her allegations and evidence, they could leave themselves open to claims of appeal on the basis that she didn't get a fair hearing.

By all means you could respond to her original statement but you can't write your own schedule unless the court have decided how many allegations they will deal with at the fof hearing and what those are otherwise you won't know what to answer other than her original statement.

I wouldn't worry too much about missing your deadline as you won't be told off if you file late due to not receiving her court ordered paperwork.

Are you using a solicitor for the prep and a barrister for the hearings?

Appreciate you taking the time to respond
When you say respond to her original statement as a possible way of doing so, in what format would that be done?

This girl left clear long written thought out suicide notes for me, my daughter, and the paternal family. All advising how amazing we are in our own different ways and to look after daughter because of how well she knows we'll look after them, and that because of the break up is why she is committing suicide but loves me forever etc.. on top of that the hundreds of text messages over the years, 99% of which positive, happy messages etc.

It's saddening, but demonstrative of how she is clearly doing all this due to the break up, she turned nasty on me on her recovery from the suicide attempt.

I don't have a representing solicitor, I have sought an experienced McKenzie friend for help and assistance so far through this and unfortunately seem to have got lost in the system with magistrates so far until my daughter was recently appointed a guardian/solicitor who helped move the case to district judge recently, I have gone on direct application for barrister