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Finding of Fact Hea...
 
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Finding of Fact Hearing

 
(@jay8703)
Active Member Registered

Hi

Looking for some help abut my upcoming Finding of Fact Hearing.

My Case has been ongoing for 2 and a half years now, with my ex keep finding reasons to postpone and get adjournments, the judge has now said enough is enough and has ruled the finding of fact to happen in September. 

I self represent and received an email from my Ex's solicitor today letting me know one of the witnesses from nursery is now unable to make the dates as she is on holiday, she has issued a statement and I wanted an opportunity to question it and its all untrue

The solicitor is asking what my position is, but not sure what my options are. i dont want an adjournment but i dont feel its right the evidence is left in without me having an opportunity to question the statements.

any advice would be greatly appreciated 

Quote
Topic starter Posted : 10/08/2023 4:08 pm
(@dadmod2)
Illustrious Member

hi,

sounds like her solicitor wants you to agree to adjourn the hearing. As case has been dragging on for so long I suggest you inform them that you do not want hearing adjourned and want the case to progress as soon as possible. they may then ask court to adjourn hearing. then it would be up to judges to decide. 

ReplyQuote
Posted : 10/08/2023 5:29 pm
(@jay8703)
Active Member Registered

@bill337 thanks for your reply. Yes that’s what I thought. The judge ruled a few days ago that they wasn’t allowed an adjournment they asked for one as my ex is going on holiday with my son but the judge said that usually this would be granted but in this occasion because of the delays already he won’t adjourn again so she has to cancel her holiday. 

I am not sure if I have any other options such as dismissing the witnesses evidence etc but not sure if this is allowed or how I would go about this before the finding of fact hearing. 

ReplyQuote
Topic starter Posted : 10/08/2023 5:34 pm
(@dadmod2)
Illustrious Member

if she and witness have submitted statements and made allegations etc, then you should be able to see them and write your response to them, and send into court before the next hearing. check your court order and see what it asks you to do.

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Posted : 10/08/2023 5:49 pm
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