HELP! fact finding trial and new evidence

To the best of my knowledge, your solicitor is correct and that should be it. It sounds like her solicitor is using bullying tactics to scare you into allowing it, your solicitor should be best placed to advise you whether to allow it or now.

yes thats what im thinking else the format will look like this:

1. her scott schedule allegations > 2. my response to her allegations > 3. her response to my response.

Refuse them . Underhand tactics . They wont get costs from you as its a find a fact hearing and you certainly dont want to be bullied and making their case stronger by allowing her to raise more issues

ok yes thanks. we have refused to accept them, for them to add further evidence they will have to submit a application to the court which will cost them. i dont know if they can even do that with the trial a matter of weeks away.

im in a typical scenario, ive had allegations put against me ONLY when i tried to get access to see my children, and never before.  the ex does not want me in their lives, cos she doesnt want the hassle of us doing exchanges etc .   shes turning the 6 year old against me and my family, where she used to love us all dearly.  now for no reason she doesnt want to talk to anyone upon her mothers advice\bitterness.

any advice on how i should answer questions when i get cross examined?  should i direct them to my appendix of evidence where appropriate?

any do or donts?

@vik2001 some info I found on law site:

Tips for parents giving evidence in court

What happens at a final hearing?

If they are instructed, the family lawyers will usually start by giving their opening statements.  If you are representing yourself then you can give an opening statement but try to keep it concise and factual.  This is an opportunity to summarise your case and explain how it is illustrated by the evidence before the court.  It is not an opportunity for you to give evidence or opinion.  If in doubt keep it short, if you end up ranting about the other parent or how unfairly you have been treated it will not help how the court perceives you.

Next the court will hear evidence.  Usually any professional witnesses, such as social workers or Cafcass officers, will be heard first, followed by the applicant and then the respondent.  When it is your turn to give evidence, you will go into the witness box where you should find drinking water and the trial bundle, which is a bundle of all the papers in the case which are being considered by the court.  You will be asked to swear that you will tell the truth by swearing an oath (religious) or affirming (promising the court).  You must take this seriously, if you lie whilst giving evidence you will be in contempt of court.  You will then be taken to your statements of evidence and asked to confirm that they are true.

Your family lawyer, if you have one, may ask you some questions to clarify or update your written evidence.  The other party’s lawyer, or if there is no lawyer the other party themselves, will then have an opportunity to ask you questions.  This is called cross examination and is an opportunity to ‘stress test’ your evidence.  Your lawyer then has a chance to ask you a few more questions at the end if they feel it would be helpful.  Sometimes the Judge or Magistrates will ask you some questions as you go, or save questions until the end.

After everyone has given evidence there is an opportunity for closing statements.  If you are representing yourself, similar rules apply to the opening statement.  It is an opportunity to highlight to the court how the evidence that has been heard supports the case which  you had set out at the start of the hearing.  Keep it to the point and concise.

Tips for giving evidence

If you remember these tips while you give evidence you should give your best impression to the court.

• Re-read any written statements you have filed to refresh your memory.  Also familiarise yourself with the rest of the evidence before the court.  Concentrate on the issues that are in dispute and the weak areas of your case, as these are the areas that you are most likely to be questioned about.
• It may seem obvious but the most important thing is to listen to the question and make sure you answer the question that is asked.  Keep your answers to the point.  Don’t be tempted to elaborate or find yourself going off at a tangent, it may not be relevant and could even be damaging to your case.  If you don’t understand a question, say so.
• Take your time. Speak slowly and clearly, the lawyers and Judge or Magistrate will be taking notes as you go.  Make sure you fully understand the question and think about your answer before you start talking.
• Try not to be defensive. This is easier said than done when the other party’s lawyer may be intentionally trying to trip you up.  You don’t want to give the impression you have something to hide and defensiveness can sometimes be misinterpreted as aggression.   Your evidence will be more persuasive if you appear to be relaxed and open with the court.
• Keep your cool. Stay polite and calm.  If you lose your temper in the witness box the Judge or Magistrate may be wondering what you are like behind closed doors.
• Direct your answers to the Judge or Magistrates. They will be assessing your answers to inform their final decision.  It may also be easier to give a calm and reasoned answer to them than the lawyer who is intentionally asking you tricky questions.
• You may find the experience stressful and/or upsetting. If you need a break, let the Judge or Magistrates know.  Also speak up if you need a comfort break, sometimes cross-examination can go on for some time and will be difficult to concentrate and give your best evidence if you are distracted by needing the toilet.  There should be water in the witness box, but if you need some, ask.

There is no doubt that appearing in court can be a daunting experience and when it involves your family, all sorts of emotions may be involved. Taking specialist professional advice from a family lawyer throughout your case will not only improve your chances of securing the best outcome, but the right family lawyer will provide important emotional support too.

Brilliant advice, put away for when I need it.. 

had a call with the judge as she tried to add a further 3rd statement to my response in the scott schedule.  this was 1 week before the FF.

to our disbelief the judge allowed her to add a extra 41 pages of evidence, ive got no time to respond.   was also told the 1day FF can now be extended to 2-3 days.   and cause huge delays due to the amount of extra evidence added, and i could get stuck in a contact centre longer.  the original court order was not respected and followed by mother, and now she was also allowed to enter 16 allegations against me instead of the 7 specified in order.  please additional evidence of [censored].

im trully been screwed over, the mother is running the trial my barrister said.  i wont probably be able to afford to pay for a extra 2 days at FF.   

i dont know why i bothered with all this, 90% of fathers have no chance.  

hi,

if your going to struggle financially, what you could do is have barrister for 1st day of Fact finding. You will become familiar with the process and you have seen the admin work the barrister is doing for you. then you can scrap barrister and represent yourself for the remainder.

@bill337 I guess I could try self repping. But I probably won't be any good.

What would be the impact if I just gave up. I guess I can never see kids as I'm stuck in contact centre 

I think it's worth fighting to keep the children in your life and it's their right to have you in their life. think of it as short-term pain, long-term gain.

Had a great result today. At FF her barrister wanted to drop the case as they knew her case was weak and full of [censored]. So no findings were made against me. In the interim I get the kids every weekend. But I can't bring them home for first 4 weeks and have to stay around her area. After that they can come back to my house. Yayyyyy