[Solved] Witnesses at Fact Finding Hearings

It is unusual for witnesses to be called in person but you can provide statements of evidence.

My son is not legally represented, Would the statements need to be notarised or just signed and dated? (TIA)

Hi there

Has your son made any statements? Was he required to make a statement in response to hers?

He could make a brief Position Statement in response and attach your statements to it as evidence.

Signed and dated. Should be adequate....I'm not sure if they should contain a statement of truth, I'll clarify that.

If the court has directed that no further statements are to be filed ( this should be written on the current directions) a letter/email to the court, explaining that the people mentioned in her statement wish to make a statement in response and ask for permission to do so. This link might be helpful

http://www.thecustodyminefield.com/flapp/evidence.html

Best of luck

Thanks for the info. My son did make a statement for the first hearing refuting all the allegations. His wife, the Applicant, has now filed a further statement including some exhibits, and he intends to make a short statement clarifying one or two points. His wife has said we witnessed things which we did not, so we feel we should address that. Bottom line, his wife saw a solicitor because she has met someone else, and was told she did not qualify for legal aid. She then saw another solicitor and fabricated a story of DV to get an NMO and Occupation Order and to call all the shots on contact. There is no evidence whatsoever to support her allegations, because they did not happen. However, the Fact Finding Hearing is not until September and she has had him out since March. Even though the Non-Molestation Order will probably be dismissed, by then it's a fait accompli ............

Was she asked to file a further statement?

Hopefully, without any proof to back her allegations the court will disregard them, but it's a painful process none the less and some women know only too well how to work the system to their advantage.

We just have to keep chipping away at it, if you need anything further you only have to ask.

Thanks again Mojo.
It's not just the advice, it's the insight into the reality of the situation too. A mention of Domestic Violence and everyone seems to accept it unquestioned. Not to make light of the genuine cases and the need for protection, but the system of Legal Aid for DV cases without equal legal assistance for the defence of same seems to turn back the clock to female ownership of children and 'all men are beasts'

Innocent until proven guilty is the norm in family law...having said that judges and the courts must act on any allegation of violence until it can be proven otherwise, the priority must be to act to protect children....family courts proceed with much caution initially.

The feminist lobby is particularly strong and there is a seam of women's rights activists that runs through most of the agencies, from Social Services to CAFCASS and the judiciary. Don't get me wrong, it's not hopeless and there are some good people working hard in the best interests of families.

You only have to look at the stats for reported cases of DV since the law reforms were introduced to see how steeply the figures have risen since the implementation of the family law reforms.