[Solved] Fact finding hearing tomorrow

Try to get the ex to go first in the witness box - tell the judge you don't know how things work and would rather go second.

The barrister will question her (nicely) and then question you (horribly). In an ideal world you should then be able to question her - BUT - PD12J may be in play and you may NOT be allowed to cross examine - it may be that the judge ask questions on your behalf.

It is a good idea to go in with a printed list of questions and if you are not allowed to cross examine, give that list to the judge to ask.

All the way through keep adding to your list or removing things that have been answered.

At the end, sum up your position - if you feel you have proved points tell the court what they are and how you proved them. If the other side have failed to prove points tell the court again and ram this home.

You have to think on your feet all the way.

Also when being asked questions keep the answers brief and factual. Giving too much information can be seen as a negative.

When asked questions like "You did hit her didn't you?" - answer with "how do you know that's true?" - largely you will find the barrister fishing and thinking on THEIR feet so play it as cool and as clever as you can.

Things may not go on for two days - how long is the Scott schedule and what kind of things does it contain?

ALSO - sorry adding this bit - you will be able to question CAFCASS but only in terms of challenging anything they back up the ex with.

You need to know the bundle well as you will need to skip backward and forward. There is nothing more satisfying or compelling that showing the court that the other side has written down a pack of lies and signed their name. You need to identify the lies, show them to the court and then disprove them.

The judge will be reading body language aswell as listening and I suspect will already have a rough idea of who is telling the truth.

good luck jon,, dont let um get to you, think of your children , all the best mate,

my god just dad,, im just pleased that i havent had a fact finding hearing,, sounds ,, above me,,,

Thanks for taking the time to reply to me I really appreciate it

It will be over two days as a Cafcass officer and a social worker will be spoken to on two different days, although I don’t know if each hearing will last all day?

The Cafcass officer and the social worker wrote up different reports, each with opposing opinions. Cafcass are against me, although social services support me.

I’ve only admitted to one allegation out of ten allegations set. 5 I gave my side which was different and totally denied 4.

Cafcass listened to what my ex and eldest son said

The social worker who carried out the following report said that my son had said things that seemed ‘ scripted and rehearsed ‘ and he had told her his mum had offered him gifts to say things, so this is significant and what I have to use and hopefully when the social worker gives evidence things may level out

In terms of ‘ evidence ‘, I have nothing only my word - just like she has hers

I was sort of hoping the judge will ask questions when needed, I’m fairly confident etc but I’m going to be a bag of nerves. Obviously the judge would of read through the reports so whill have to take everything on board when weighing judgement

Thanks mate, I just want this out of the way and I will be pleased when Friday afternoon is here

I thought it was above me, and a while ago I would of dreaded a fact finding hearing even with representation
I couldn’t imagine at one point doing this alone!
After ten hearings I’m use to being in the court I guess 😉

10 hearings doesn't sound right, so sorry to hear. You may want point out this part of the children's act (while respectfully acknowledging the importance of what the court does):

In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

https://www.legislation.gov.uk/ukpga/1989/41/section/1

The legal adviser in my case read that to the magistrates at the beginning of one of the hearings, which was helpful.

It’s ridiculous- yes ten hearings. Mainly this is due to the complicated circumstances in that Cafcass and children’s services don’t agree and have different opinions

A fact finding hearing will have to take place before any arrangements with the children can be put into place

I am annoyed that a fact finding hearing could of been set long ago - this has just gone on and on, and now I’ve got to this stage, spent almost 20K and have to rep myself through a fact finding hearing

This has taken far to long, allegations have been made by my ex although there’s nothing apart from her word.

All the best for the next two days Jonathan... we're all behind you.

Thank you Mojo