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Advice preparing fo...
 
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[Solved] Advice preparing for Fact Finding Hearing

 
(@jonathan1122)
Estimable Member Registered

Hello
I just wanted to get some advice in regards to preparing for a fact finding hearing in a couple of weeks

I am self representing myself- my matter has gone on for a long while, and after 10 hearings I have no money left!

So far I have returned the Scott Schedule to the respondents solicitor giving my side of events, and my next step is to have a statement ready for next Tuesday to be forwarded to my exes solicitor, and the court.
The last order states that the statement shall set out what I will say in court about the disputed allegations, although this is the part I want some advice on.
Some I have denied, one admitted and some I have my own side to tell, but how far in depth can I go into explaining myself?
In terms of evidence - I have very little apart from my own words, but can I use other examples that may not relate to the allegations themselves?
For example, my son was texting me and sending pictures despite telling professionals that he didn't want any contact? - I know that's noting to do wit the allegations directly, it may help them see the situation in a different light.

Can I respond to the allegations, then put in another paragraph and list some points I would like to make?

If someone could give me a bit more clarity on how I can set out this statement id be most grateful

Regards
Jonathan

Quote
Topic starter Posted : 05/01/2018 1:14 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hello
I just wanted to get some advice in regards to preparing for a fact finding hearing in a couple of weeks

I am self representing myself- my matter has gone on for a long while, and after 10 hearings I have no money left!

So far I have returned the Scott Schedule to the respondents solicitor giving my side of events, and my next step is to have a statement ready for next Tuesday to be forwarded to my exes solicitor, and the court.
The last order states that the statement shall set out what I will say in court about the disputed allegations, although this is the part I want some advice on.
Some I have denied, one admitted and some I have my own side to tell, but how far in depth can I go into explaining myself?

.You need to keep it as concise as possible, but this is your opportunity to give more detail than was possible in the Scott Schedule.

In terms of evidence - I have very little apart from my own words, but can I use other examples that may not relate to the allegations themselves?

are you talking about case law or research articles? It's probably better to stick to the facts. A finding of fact is for the purpose of hearing both sides and making a judgement based on probability, I wouldn't cloud it with anything that isn't directly relevant to your case.

For example, my son was texting me and sending pictures despite telling professionals that he didn't want any contact? - I know that's noting to do wit the allegations directly, it may help them see the situation in a different light.

I think you can include a paragraph about this and attach screenshots of what he sent to you.

Can I respond to the allegations, then put in another paragraph and list some points I would like to make? As long as you keep it very brief, you don't want to lose the attention of the court by including unasked for content.

If someone could give me a bit more clarity on how I can set out this statement id be most grateful

Use the same format as you would for a position statement, with the headings at the top and numbered paragraphs, finishing with a statement of truth.

Regards
Jonathan

ReplyQuote
Posted : 06/01/2018 1:39 am
(@jonathan1122)
Estimable Member Registered

Thanks Mojo that was really helpful

I just have one quick question if youd be so kind to help?

In the order it states that I am to sent the schedule to the court and respondent electronically - which I did

I am unsure on how to send the statement?, it didn't specify either way but I would of thought it would be by post, which is easier for me especially as I'm sending exhibits ?

I received the statement a little early from the respondent and that was sent to me via email, so I was a bit unsure?
Thanks

Jonathan

ReplyQuote
Topic starter Posted : 06/01/2018 5:43 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I think you can send it by post if that's more convenient for you, emails are quicker though, so if you can scan the exhibits and attach them in a word document, that would be quicker and you would know that they have received the statement in a timely fashion.

If you're unsure, give the court office a call and if you do send it by post I would advise that you send it recorded signed for delivery, just to be sure they receive it.

ReplyQuote
Posted : 07/01/2018 3:19 pm
(@jonathan1122)
Estimable Member Registered

Thanks again for you help Mojo

I will opt for the post as I have no means of scanning them before Tuesday

I shall go for special next day to ensure that they are recorded and signed for

Jonathan

ReplyQuote
Topic starter Posted : 07/01/2018 11:55 pm
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