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URGENT - Advice on ...
 
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[Solved] URGENT - Advice on court and false accusations

 
 T11
(@t11)
Eminent Member Registered

Need some advice please.

Taking ex to court regarding access to the children. Issued a position statement saying what access I would like to be put into place.

She has responded with a position statement making false claims about how I care for the children.

I have made bullet points in response to all of her claims and have evidence to prove that they are false including printed pictures of messages and emails and a signed witness statement.

How will it work in court?

Will I get a chance to defend myself against these false accusations?

Do I submit my new position statement in response to hers?

Can I submit my evidence in response to her false allegations prior to entering the court room? I know that I am not meant to give evidence without permission.

Many thanks.

Quote
Topic starter Posted : 07/08/2017 11:38 am
(@mrb179)
Estimable Member Registered

Hi.

I am no means a expert and I'm sure there are other people on hear who can give you good advice but I can just give you some info on the way my case has gone and other friends.

As far as I'm aware the first hearing can be quite brief and the courts will just want to see why you hear and what is it you want from the courts. If there is allegations made then the courts always air on the side of caution so they would look into them depending on what types of allegations they are could be how they go about it.

I think in any court of law you will have a chance to disprove allegations and they are definitely use to listening to alot of hear say from parents in conflicts and they are not bothered about squabbles and only the Interest of the children.

I'm approaching my final hearing. It could be so you go to your first hearing then they set down a second hearing where more evidence is submitted and looked into and possibility of you all resolving the situation. If things can't be resolved in the first hearing then I'd say they might want to organise a interim arrangments for you and the children until the second hearing.

I'm sure someone with better knowledge will post further advice.

ReplyQuote
Posted : 07/08/2017 1:05 pm
 T11
(@t11)
Eminent Member Registered

Thank you for taking the time to reply MrB179.

It is an urgent hearing which we are attending as it concerns access for dates previously agreed for this week for a special occassion, which she has been obstructive with and then contested. She is now saying it was never contested and implies like we are wasting court time, but we have proof showing how difficult she was being via emails. It is also to discuss access moving forward. So hoping it will be resolved quickly on the day! Just want to make sure I will have a chance to defend myself against her false accusations and to be able to submit the evidence which I have printed out that disputes several of her claims and shows her to be the compulsive liar that she is.

ReplyQuote
Topic starter Posted : 07/08/2017 1:14 pm
(@mrb179)
Estimable Member Registered

I'm not entirely sure on how the courts would approach this I don't have much knowledge on urgent hearings. It could be so that they will hear evidence at this hearing or could be so that they set down another hearing where evidence will then be looked into. What ever happens you will havr your chance to defend yourself at some point. From my experience and others the lies catch up with people in the end and the courts have seen it countless times and use to seeing through them.

I'm terms of further access I have a guess and as say I could be wrong but they may want to list another hearing down to arrange further contact arrangments if you are unable to come to final arrangments.

Mine was as followed. First hearing- why I was hear and what I was after etc false allegations was made so had to be investigated and second hearing set out

Second hearing - evidence was submitted to clear allegations but final arrangments could not be agreed so set for final hearing

Final hearing approaching but I'm hoping and quite confident that everything will be sorted and a full court order be drawn up and I get what I've wanted for my son.

Between each hearing I've had progressed contact. Hope this gives you rough idea of how some things can go but as yours is a urgent hearing someone on hear might have a similar experience. Any questions I'm happy to answer to the best of my experience.

ReplyQuote
Posted : 07/08/2017 1:37 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

You can't attach any evidence to a Position Statement, you can prepare your response and attach your evidence and either ask the court for permission to file it, prior to the hearing, or take it with you (with 3 x copies) to the hearing and tell the judge you have prepared a response and have it with you and ask if you may file it then.

It's better not to bombard the court with multiple statements without permission, it would have been better to have taken you Position Statement with you to the hearing, rather than filing it beforehand, it has given her an opportunity to respond, which she has done.

ReplyQuote
Posted : 07/08/2017 5:44 pm
 T11
(@t11)
Eminent Member Registered

Thank you for your advice. I thought I had to submit a position statement when I put in the application which is annoying. I have written out a response to all her false accusations and have evidence so I will take three copies with me tomorrow and and tell the judge that I have prepared a response and have evidence should the court wish to see it. I just hope that they will consider my response and evidence as then they will see that she is lying.

ReplyQuote
Topic starter Posted : 07/08/2017 6:38 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Please come back and let us know how you got on... Best of luck

ReplyQuote
Posted : 07/08/2017 10:55 pm
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