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Hi Devo
The person who puts in the order starts first they are asked questions by the other side's barrister and sometimes that judge on the statement they have provided for the fact finding hearing
So let's say that father is the one who put in the court order then he's asked questions by the mother's barrister their job is basically to make you look like you are a lair and trip you up
When a mother has made allergations of domestic abuse it tends to be the judge does the cross examination if the father hasn't got any legal representation if he has legal representation his barrister will do cross examining of the mother not normally the father
The judge has to look at all the evidence from both sides and so let's say there are 8 allergations against you he has to figure out if they are proven or not so some allergations can be proven fully sometimes half proven and some not proven if they can't be back up
My friend kept changing his story,you have to stick to your statement keep practicing it before your hearing made sure you know everything you have wrote down and can remember it
You are welcome to ask me anything I'll try and answer your questions
nh83
Just want to add a few more things I see Bill337 has gave you some really good info 🙂
The down side to the judge using the balance of probabilities is unlike like a case in a crown court with a jury when the judge uses the balance of probabilities in a family court they only have to consider if the allergations exactly happened or not with the evidence provided in front of them.if it's a case of one word against the other then they are looking to see who they think is that most truthful this is more reason why you really know what's on your statement
Also it goes on how you conduct yourself if you get angry it can go against you, you do have to keep calm which is difficult through cross examining
The outcome depends on how it goes really if say you ex wife can't prove the allergations she has made against you then you are likely to get unsupervised contact
I really hope that both your pre hearing and your 3 days fact finding hearing go well for you.
Morning NH83. Can I pm you please??
Yes of course
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