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Is it a covert recording ? That's a bit of a grey area.And also remember it's not up to you to prove your innocence, it's up to her to prove your guilt.
OK well I've been sent a Scott Schedule. It includes gems such as....
I've sent her text messages.
I've tried to make her have an abortion.
I've used the child to manipulate her.
The old chestnut I've hit her.
I've been verbally abusive.
I've threatened to kill the unborn baby!
I forced her to take contraceptive.
I demanded all the washing and cleaning was done!
FML.....
Having received something similar to this before, I think I know how you feel right now.
I don't know what happened or didn't happened in your case. What I do know is that magistrates/judges see this kind of thing all the time. They don't like it because it makes their job extremely difficult. They have the perception that the vast majority of allegations in family court are either false, exaggerated or biased (ie, the father does something and it's wrong, the mother does the same thing and it's fine), and yet are duty bound to investigate.
You need to respond to every single allegation point by point. Do not ignore anything. What my solicitor/barrister told me was that if I didn't respond to something, I risked being seen as trying to avoid something I was guilty of.
Where she attacks you with hate, you need to respond with love for your child.
Where she attacks you with hate, you need to respond with love for your child.
Great advice this. Thanks!
I've been child oriented since day 1. I will continue to be so.
OK so update. In her Scott Schedule she has even said she fell and broke her ankle while she was 6 months pregnant and that I had refused to take her to hospital and text her a load of abuse. I've actually done a phone restore and found these messages. She had already got her sister to take her to hospital and the hospital confirmed she had sprained her ankle. The texts from me were nothing but reassuring and worried about the baby.
If she's flat out lied here too and I have proof via text messages she has sent to her sister in which she admits to hitting me this should work well in my favour?
There are columns on the Scott Scedule for you to add your response. You will need to say whether you admit or deny the allegations, as you are denying you should also add a short explanation. You will also need to refer to any evidence you have provided about the allegation.
Hopefully you will have been asked to provide a statement and you can attach your evidence to that. If to date, you haven’t filed any of the evidence you have and haven’t been asked to provide a statement, I would contact the court and ask for permission to file the evidence that you have that refutes her allegations in the Scott Schedule.
Yes I have been asked to provide a statement and have been refuting the allegations with reasons and referring to the evidence which I shall be submitting.
It's abundantly clear from the first allegation onwards that the respondent is lying and her credibility will at a minimum be almost certainly called into question.
Should this be clear to the Judge too what should I expect to potentially occur?
Have you had sight of an example of a Scott Schedule? There are plenty on the net.
You do need to give each piece of evidence that you attach to your statement a reference number, which is usually your initials and a ascending number... for instance the first piece of evidence you refer to in your statement would be referenced as ABC1, the second piece of evidence you refer to would be ABC2 and so on.
You can take screenshots of the texts and use these as evidence, if you are unable to take screenshots you can transcribe each conversation, stating in your statement that you have transcribed X conversation and have attached a copy for the court (ABC1). Put the corresponding reference number at the top of the piece of evidence along with the case number. Have the phone with you and let the court know you can provide it to back up your evidence, if they wish to have sight of it.
It's would be very difficult to discount evidence thats in black and white and hopefully the court will find that the allegations won't stand and there will be no need for a fact finding hearing.
Yes thanks. I'm preparing my response to the Scott Schedule I have received.
There are 11 or so points so I've labelled each item of evidence 1a, 1b in point 1 and so on ie: 13b in point 13 for the second item.
Should I infact rename these INITIAL1-20 then or are the number allocations I've used ok?
I am confident I have a very strong case which disproves much of what my ex has alleged.
I've essentially applied for equal contact and the Judge initially agreed to that until the ex came back 2 weeks later with a non mol application via fabricated tales.
I would rename them in the traditional format. No a's or b's, just your initials and 1,2,3,4,5, etc. So if there are two pieces of evidence for point 1 they would be ABC1 and ABC2, point 2 if it has two pieces of evidence would be ABC3 and ABC4 and so on.
Best of luck
I am confident I have a very strong case which disproves much of what my ex has alleged.
This is good, but don't rest on it. You really need to be able to put the case clearly as to why the allegations are false, and the more evidence the better.
When I was writing my statements, I would do a first pass which was usually a big rant, then I would get a night's sleep and do a second pass which helped me focused on what actually mattered and striking out what didn't. I was very fortunate to have someone helping me with the statements who was really good and really helped me get my message across. It was a LOT of work, I just believe that the more you put in the more you'll get out, so I went full throttle.
Someone told me once that you need to come across as "someone they would be happy to do business with", ie, not a ranting lunatic, and that thought helped me focus .
On top of that, it helps if you are able to move past the allegations onto the benefits for the child. ie, include things about the kind of things you used to do with your child, how much time the child is used to spending with you, what plans you have for the future.
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