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Providing a witness...
 
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[Solved] Providing a witness statement

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(@davedad)
Estimable Member Registered

Iv been to court today for the second time for enforcement of contact order and we couldn't decide between us as she was only willing to give me 3 hours on a Sunday I said no, so the women in court has give me a piece of paper were I have to fill out a witness statement any links on here for that? My next court hearing is 08.10.2014 I have till 24.09.14 to hand in. Any advice as always would be much appreachiated
Thanks

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Topic starter Posted : 29/08/2014 7:31 pm
(@Claret Jack)
Active Member Registered

Hi DD

I have provided a link to a rather lengthy description provided by the government, this statement is just the court asking for your account on events which have led to this Enforcement Order.

http://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-witness.htm#P4_631

Best of luck, I am on the same road as you with my ex-partner.

CJ

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Posted : 29/08/2014 8:00 pm
davedad and davedad reacted
(@davedad)
Estimable Member Registered

Thanks claret jack hard times as she turned up full of lies. She offered me 3 hours on a Sunday and pick up from her house (17miles away) when I been having him am10-5pm for months and months why should I agree to that. I said ok 3hours that bulid up over the weeks to more hours and I want to meet in a neutral place I even said 1/2 mile near her she said no. Iv tried compromising but she won't so I have to wait till October now.

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Topic starter Posted : 29/08/2014 9:03 pm
(@davedad)
Estimable Member Registered

Also do I write this my self or do the court send me an application form? And do I serve the papers to her address and the court, sorry I'm just confused and was really angry at the time was hard for me to take stuff in

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Topic starter Posted : 29/08/2014 9:08 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Are you sure they asked for a witness statement and not a position statement or statement of case?

The link provided above isn't really applicable in a private family case. You are the applicant and not a witness. I might be a good idea to telephone the court help desk and ask them to clarify what type of statement you have been asked to file.

I would have said a position statement would be more appropriate, where you would give a brief history, your concerns and your requests to the court. There is a template available for this form of statement should this be what you need to file with the court.

Whatever sort of statement that is required you will need to provide a copy for the court and the other party, if they have a solicitor you would send it there, but if she is self represented then you would send it to her directly....making sure you send it signed for and recorded as proof of posting. It's important that you file it with the court at the specified time.

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Posted : 29/08/2014 11:42 pm
(@davedad)
Estimable Member Registered

Hi mojo, it clearly says witness statement on the top of the paper she give me(wish I could upload it) but it says
Start with name & case number
Full name and address of witnesses and ends with paragraph along the lines of this statement is true to the best of my knowledge... Signed & date. Can u please end me the template u mentioned
Thanks

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Topic starter Posted : 30/08/2014 2:10 am
 Mojo
(@Mojo)
Illustrious Member Registered

Do you have any witnesses?

I'm confused about this as you say that it's an enforcement of a contact order, so you have already been to court and the contact was decided and put into an order. Enforcement is when a party breaches the terms of the order and is taken back to court...it doesn't usually entail reaching an agreement when that has already been decided.

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Posted : 30/08/2014 2:19 am
 Mojo
(@Mojo)
Illustrious Member Registered

The idea of enforcement is to have an existing order backed by action to penalise the party in breach if after warnings they don't comply..it's not to make a new order...at least I haven't come across this before!

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Posted : 30/08/2014 2:25 am
(@davedad)
Estimable Member Registered

Right what has happens is this... First time I got the contact order, she then broke it, I then applied for breach of contact order and the court date was today, there was a women in court with us who tried making us sort something out between us, she left us In the room for 10mins together we didn't agree on things so we have been given a date of 08.10.14 for the court to decide what day and hours I see my son. I have to file papers back to court and my x what are they?
Thanks

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Topic starter Posted : 30/08/2014 3:02 am
(@davedad)
Estimable Member Registered

Breach of contact order = enforcement order btw

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Topic starter Posted : 30/08/2014 3:08 am
(@Nannyjane)
Illustrious Member Registered

That's the point Mojo has made, the days and hours have already been agreed and put into a contact order which she has breached. The case shouldn't be about reaching a new agreement but about enforcing the existing one!

I think we know that breach of contact = enforcement order btw

It might be helpful to you to take up the free half an hour that many solicitors offer, or speak to the CAB.

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Posted : 30/08/2014 2:00 pm
(@Nannyjane)
Illustrious Member Registered

www.fnf.org/help-and-support-2/local-branch-meetings

The link above is to the Families Need Fathers webpage where you will find details of meeting in your area, it might help to find the one in your area and go along. You will get one to one advice and support about the legal issues and get to spend time with other parents in a similar situation as your own.

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Posted : 30/08/2014 2:07 pm
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