HEARINGS

Hi Renren,

When you say return hearing is it the first hearing? Or second?

I had a first hearing  for with in notice last month, the further hearing  is scheduled for next month. Would that be my final hearing? Or another one after that? 

@bestdad111 that’s what I’m trying find out mines in nonbmolestation order 

@renren07

Mine is non molestation order aswell. I hope my second hearing next month is the last one whether I win or loose. Dont want to drag to the third one. 

@bestdad111h have you had direction hearing fact finding hearing ?

@renren07

Well I dont know when is fact finding hearing. May be on the second one which is next month for 3 hours it could be. I'm not sure if its called fact finding hearing. It said on NMO its a 'further hearing' so Im confused if its a fact finding hearing or not. 

If the judge decides that there should be a fact finding hearing then the date of the hearing will be included in a court order.  The order will also include details of things you need to do before the fact finding hearing and when you should do them.  

How to prepare for a fact finding hearing

If the judge decides there should be a fact finding hearing you may be asked to provide a list or a schedule of all the allegations you want the judge to make a decision on.  The schedule of allegations is often referred to as a Scott schedule.  If the other party has made allegations against you, they may also be asked to provide a schedule of allegations, which you will need to respond to. 

The court may also ask you to write a statement setting out the history of your relationship. Any allegations that you put in your Scott schedule should also be described in more detail in your statement.

You should also think about whether there is any evidence from professionals or other people which supports your side of the story. 

What will happen at the fact finding hearing?

At the fact finding hearing each party will sit in the witness box to tell the judge what happened.  This is called giving oral evidence.  Each party will be asked questions by the other party or their lawyer about the allegations. This is called cross examination.

Before the hearing make sure you read your statement again.

When you are asked questions by the other party or their lawyer make sure you listen carefully to the question and take your time before you answer.

If you are concerned about questioning or being questioned you can ask the judge if someone else can ask the questions instead of you. 

The judge will listen to the evidence and may also ask some questions of their own. The judge will make a decision about each allegation and complete the final column of the schedule.

Make sure you keep a clear note of whether each allegation has been proved to be true or false or whether it cannot be proved either way.

If the allegations are found to be true, the judge will have to take the allegations into account when making decisions about the case. If the court finds that an allegation is false or that there is not enough evidence to prove an allegation, then the judge’s decisions will be based on the allegations not being true.

The fact finding should be when the Judge decides whether or not to make the non molestation order

@champagne thanks

The nmo order I got doesnt mention anything about fact hearing. Just further hearing by court order.... 

This is my second hearing. Is this my final hearing? Its for 3 hours face to face. Next month. Thanks.

If its for 3 hours, it sounds like a fact finding.  Your ex may have been asked to produce a Scott schedule.  I take it you objected to the non mol?  Where you there or was it done without notice?

@Champagne

The first hearing was without notice, where I refused all the allegation and challenged the non mol which was done over the phone and judge asked me to send my witness statement to the other party.

Next one next month is face to face for 3 hours and on the order recieved it doesnt say anywhere 'fact finding' or scott schedule' just further hearing by court order....

Thanks.

Have I got this right - the first hearing was without notice so the Judge made the order without you there.  Then there was a return hearing when you challenged the order?  At that hearing the Judge asked you to send your witness statement to the other side.  Have you sent your witness statement yet?  I presume the order gave a time scale?  Did the other side have to respond to your statement by a certain date?  It looks as though at the next hearing both sides and the Judge can ask questions of the other.  The Judge will then decide whether to confirm the non mol or cancel it

@Champagne

Hiya 

So it was first a without notice and i did attend the hearing (on phone) and denied all the allegation and the judge still was approving the nmo without any evidence so I challenged it. Then the judge asked me to submit the witness statement to the other party and booked another hearing which is scheduled to next month.

On the order I received it doesn't say fact finding or scott schedule, just further hearing by court order .... its for 3 hours face to face so hoping thats a final hearing.. but I'm not sure.