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Nmo directions hearing/fact finding advice

 
(@positivety05)
Estimable Member Registered

Evening all give more detailed thread on today’s hearing.
Nmo directions hearing I sent my ps over few days ago with my proposal of accepting undertakings but removing 2 orders in that would have had impact with child arrangements.The hearing lasted 13 minutes applicant wanted to proceed with nmo.I then stated I sent over ps to solictor and courts offering undertakings.back to other side we do not accept.judge then made clear we go to fact finding in 3 weeks time date was set few months ago.There was no ps from other side.judge didn’t order any more evidence to be submitted so I’m guessing what was done by both parties in Scott schedule is all that can be used.With the fact finding will that be based on the 5 allegations in Scott schedule ? Anyone can offer advice on how fact finding goes be great it’s booked in for 1 day any advice support would be greatly appreciated also should I do another ps for the fact finding hearing just outlining the today’s events to my previous ps I sent for today’s hearing

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Topic starter Posted : 03/06/2021 8:39 pm
(@warwickshire1)
Prominent Member Registered

No need to do a position statement. Nobody can help you as nobody knows what the 5 allegations are. It is worth looking at each one and focusing on what you been accused of. can u dismiss it? is there any kind of evidence? has she got witnesses etc?. Hopefully you not raised any allegations towards your ex

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Posted : 04/06/2021 8:22 am
(@positivety05)
Estimable Member Registered

@warwickshire1 I haven’t raised any Scott schedule done both sides put few bits evidence but very hard because her allegations are so vague on few of the allegations and it’s also hard to provide evidence to something that never happened also her side never put any evidence attached with schedule 

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Topic starter Posted : 04/06/2021 9:45 am
(@dadmod3)
Honorable Member

It seems as though you have responded to the allegations in the Scott schedule?  There is a guide to fact finding hearings on the RightsofWomen website which you may find helpful although some examples used may not fit your circumstances.  There is also a guide on representing yourself on the AdviceNow website.

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Posted : 04/06/2021 9:57 am
(@positivety05)
Estimable Member Registered

@champagne yes Scott schedule was completed in mid may.yesterday was directions hearing suppose to see if any changes I did offer undertakings but not agreed my question is can she now try and submit more evidence or was the Scott schedule where she had to give the evidence? 

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Topic starter Posted : 04/06/2021 11:05 am
(@dadmod3)
Honorable Member

Usually the Judge will direct the Scott schedule up to a limited number of allegations to which you respond and that is what the fact finding hearing will be based on.  She may be able to submit more evidence to support the allegations but its unlikely that she will be able to add new allegations.  You will have to be informed if more evidence is submitted to the court.

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Posted : 04/06/2021 11:22 am
(@positivety05)
Estimable Member Registered

Bit of positive news contacted civil legal advice and been told I can get legal aid as currently out of work claim Universial credit and passed the means test and legal advisor sent over list of solictor that will help.explained everything from the point of getting nmo with da allegations and was very clear that I’m entitled as much as other side was entitled to get legal aid so first thing Monday getting on the help support that to me is massive change in the fact find hearing as won’t be me against the world 

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Topic starter Posted : 05/06/2021 12:23 am
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