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Is this reality...
 
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[Solved] Is this reality...

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Posts: 45
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Topic starter
(@Marco)
Trusted Member
Joined: 7 years ago

Sorry I should be clearer, my actual statement is several pages. My evidence exhibition is 80 pages. It's all been submitted as we were about to have the final trial that day but wife's barrister decided in court he doesn't want magistrates due to the nature of his clients allegations. So that day turned into a Scott's allegations day when there wasn't a Scott's before, seems like some sort of poly by him. My junior barrister only put replies, no allegations of my own as it could "stir the pot" which is strange as my best defence is exposing the plot. £1300 wasted that day.

It will be in front of a circuit judge next, I've managed to get the money for a pupil barrister, can't be any worse than my last! The case is a very complex chain of events with immigration fraud as the motive (if you claim DV you won't get deported in a divorce), if it's chopped down into 4 allegations, she's being given basically a deck of get out of jail free cards, and I'm left at the mercy of a judges opinion with no evidence against me.

In her Scotts it seems her barrister found her best claims from the 101 lies with such classics in them such as I stopped my son from walking! A bit problematic when he can be observed running around! And that I'm unsafe to care for them, even though she left them in my care while seeing other man. Thats conviently vanished. She is now running with she was sexually assaulted not raped on the night of my arrest (no arrest for sexual assault as well), that I tried to stop her from calling police (She called them fine after a bad connection at the start and no report of struggle on police phone log) that I didn't let her have friends (how does she explain other man? Plus I have photos of her with normal friends) and that I didn't allow her to spend money and I left her penniless, so poor I had to pay for her police disclosure (I have bank statements of her withdrawing £1000s this year)

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Posts: 189
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(@justdad)
Estimable Member
Joined: 10 years ago

Is the next hearing a Fact Finding? If not, perhaps save the money you are paying out for a barrister and self represent that day.

If you get a decent judge, you should be able to put everything you are concerned about to him / her and come out of the hearing with a clear idea of where you are and where this case is going.

It's never a good idea to overload the court with allegations but, certainly, genuine issues that relate to your ex's care of the children should be raised. The trick is seeing through the fog of war and understanding which issues are relevant and which are not.

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Posts: 2831
 Yoda
(@yoda)
Famed Member
Joined: 10 years ago

You will find dealing with a Circuit Judge is a whole new ball game. They are extremely experienced and will make sure you get a fair deal in the hearing whether you are represented or not. They cut straight to the chase and do not mess around.

As previously said. If the next hearing is a DRA, save your money for the fact finding.

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Posts: 189
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(@justdad)
Estimable Member
Joined: 10 years ago

It's such a shame we end up having to second guess this process. No matter how may times I've been before different judges, each has their own way of dealing with things.

Yoda is right, a circuit judge or even and experienced district judge will always cut to the chase and give you a far fairer hearing than magistrates or deputy district judges.

Remember to present yourself as calm and reasonable no matter how frustrated you are. One of the primary weapons in the armoury of a barrister or solicitor is that they know they just need to press the right buttons to make you look angry or, indeed, make you look anyway they wish to portray you. Be ready for this treatment, it works wonders, and catches them off guard as often it is all they have to fight with.

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Posts: 45
Registered
Topic starter
(@Marco)
Trusted Member
Joined: 7 years ago

Thanks guys. It will be a fact finding hearing. The 'final trial was hijacked into a DRA last month. Also they merged the children's proceedings into the non mol proceedings. The section 7 due in January.

I heard the circuit judge I'm having will be the highest in the western circuit.
I don't have a hot temper so I will be able to stay calm in that sense, from barristers questioning however I'll be very anxious. My barrister has put forward that I will need lots of breaks due to being a vulnerable person.

My bank has came through with great evidence for me today. I predict that her barrister will say I took out the money on joint bank statements. So I got my bank to confirm it was her chip n pin used to take out 200s and also she took 1000s out in branch with Russian passport.
Will there be any punishment for her? Because in first hearing she was claiming destitution and judge ordered me to pay for her police disclosure. Yet I can prove now beyond all reasonable doubt she was sitting on 1000s in cash.

£1000s in cash, 1100+ monthly universal credit, free lawyers, living rent free while I pay for rent on my home I can't live in and lawyers on £450 a month on disability.

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