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So my final hearing is nearly here. Having spent a long time to make sure my witness statement was measured, child focussed and complimentary of my Ex as a mum I have now seen her offering. Its mostly an attempt at character assassination. Where it is mentioning of me and my sons relationship its based on saying I struggled to bond with him, was never involved or bothered to be there for him etc. Its utterly sick, totally (staggeringly!)untrue and surely purgery. Even knowing what she's been like in all this I was shocked that she has actually lied not just stretched the truth.
I'm asking the court for a determination that my son "lives" with both parents and greater contact than currently being offered so I'm sure this is a cynical, tactical ploy to show she is/was the primary carer.
From others prior experience what notice of such unsubstantiated personal attacks would a Magistrate take and is there a chance such a sob story would be believed and have chance to effect the ultimate outcome? Luckily I have got a good Barrister.
Thanks.
While I can't offer any advice- I wish you every success. I have been hit with a load of allegations- all false. Is there any evidence to the contrary that you could possibly obtain?
Are witness statements any help?
Unfortunately no. Its all character based or other such things that will just come down to her word against mine. Very frustrating. Thanks for the good wishes and the same to you.
I have been old that its all about if the courts believe one side or another if there is no evidence- any evidence of lies that have been told in the past?
Its been a relatively straight forward case straight to final hearing. So no real case history to wheel out. Best I can do is focus on saying what is best for my son and hope the magistrate sees this.
On a general note why does this seem to be the story in so many cases? Its been said before but its ridiculous that invariably the non-resident parent (usually the mother) that takes this stance and its the non-res who has the burden of proof placed on them to show they have even an equal importance to their child. The assumption of each parent being of equal importance and involvement should be the start point, moved away from only if substantial evidence shows a clear need.
Anyway, its all been said before and little seems to change. Harumph....
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