What stuff to take in Fact Finding Hearing - Urgent

Hi

From your question I assume that you are self representing. I had many court cases including a 3 day fact finding. I will talk about that hearing as that is what you are preparing for.

I note from another thread that your case is delayed until July. I am sorry to hear that. This happened to me twice. It rips your heart out, I know that. It is like doing six marathons getting to the line and they turn you around and say you need to complete the course again. I feel for you. Try to keep busy, try not to dwell on it (if you manage this tell me how 😉 ) do as much exercise as you can. Also consider therapy, this is traumatic and don’t play that down. You deserve to help yourself.

Onto the help….

I can tell you the process regarding stuff to take into the fact finding from my perspective. Although both sides in my case had solicitors, the process should be broadly the same. I hope this will help:

In no particular order and not an exhaustive list of what occurs and normally agreed at a DRH (directions hearing):

Parties will have been given a deadline from the court to share allegations to one another. If you don’t have this contact the Mother’s solicitor (you said on another thread that she has one). Then arrange a time to exchange. Stick to this.

Parties will have been given a deadline from the court to share RESPONSES to the allegations to one another. If you don’t have this contact the Mother’s solicitor (you said she has one). Then arrange a time to exchange. Stick to this.

Within in the above you must have all the evidence included. Pictures, txts, videos, statements reports. Etc. If you try to introduce new evidence or allegations with the fact finding you will almost certainly not be allowed. Although, there are grey areas, like anything. But don’t risk it. If you have it now, send it when agreed.

Parties will have been given a deadline from the court provide the “bundle” to the court. This is usually done by the applicant however if the respondent only has a solicitor they will likely do it. This a ring binder (or two) of all the background, the allegations, responses, evidence… the lot. All laid out well, organised and referenced. This is a big job and as such is labour intensive and expensive. Ask Mother’s solictors now if they are doing the bundle and again ask for conformation of submission deadlines for this. (You could be cheeky and ask “when” they are doing it).

The Scott schedule will also have a deadline for submission along with position statements. These could be the same as the bundle. But confirm. This shouldn’t have any new information in terms of evidence or allegations etc. It is a summary and schedule of the hearing. You take turns to fill in your part of this. Again work with Mother’s solictors to get timings for this.

In the hearing both sides need the bundle and the judge. I’d print this off as soon as possible and try to learn the bundle inside out. Especially the allegations and responses word for word.

All evidence should have been submitted already but I would take back ups in case. Eg. A laptop with the CCTV footage. Just in case of court equipment failure on the day (this is unlikely and may be overkill but you have waited this long).

Other:

Take a note pad and a pen.

Post-its

Take some good food for your breaks.

Maybe some headphones for a quick blast of your favorite music music to relax you or meditation app. On breaks of course

Get to the court early and try to relax in what will probably be quite an unfamiliar environment

Look into a Mckenzie Friend or something similar (sorry I don’t know much about this). It is difficult to listen to the judge, process that, make notes, respond, prepare, follow the day’s schedule etc. and it is obviously stressful too.

You can see that there needs to be co-operation with Mother’s solicitors. Be civil and polite to them. However, they do work solely for her, so just remember that and don’t allow yourself to be disadvantaged by them not sending you things etc.

The judges in my experience were good. They want the case to run smooth, no surprises, get to the facts and conclude in the allotted time. Hence the prior organisation.

I hope this is a good start. Open up those lines of communications to her solicitors and start to get yourself very well prepared.

Posted by: @f4father

Hi Guys,

I'm taking my laptop with me incase i need to show evidence.

Do i need take spare USB and put video / pics in it for evidence if court haven't received on email.

Should i print out the PDF file (50 pages) of evidence and questions for mother as well ?

Please advice.

Thanks a lot

Relentlesslove has covered the most important things. But 

I have had last week final hearing and facts finding, the most important is you have to write your questions now and give it to Judge and Judge asks your ex and some time the judge add his own question.

So be prepared now any questions in your mind write it down because it seems to me you self represent.

The judge gave less than an hour to go to room write a questions as quickly as possible and as much as possible.

Don't worry you will be fine on your own and relax.

Best of luck 

@mkjo thanks for the reply.

I sent the 10 questions to judge before the hearing but my hearing is postponed because of Judge unavailability.

Do i need to prepare more questions ?

Please advise.

many thanks

@f4father

Yes, you do need more questions as you can because this your chance.

I was told by Judge if I want more time to write a question . I said No because I knew it will take more time, is already been a year.

My ex was struggling to answer because of my questions and Judge's questions.

If you were told to send the questions then send it straight away. 

At the end Judge told her I am going to speak on behalf MR myself, your allegations are not true.

By the way I did not have my hearing where I live it was somewhere else.

Next week the Judge will make his judgement. 

@mkjo 

I already send questions as per due date.. i will see if i have more questions.

as my hearing is postponed for 4 months now 🙁

me too i have to travel 120 miles from my house as she live that far .. i have to book room as well as its two day hearing.

@mkjo 

Sorry to [censored] in Mkjo

Is the final hearing as intense as a fact finding hearing, is it the same sort of process of getting in the Dock and being quizzed or tried to be portrayed as a wrong un by the ex's barrister? 

@macmyers 

Hi Macmyers,

Mkjo is is giving good advice.

Regarding the final hearing: Each person's experience will be different. Depending on Ex, Ex's barrister and the judge. In my experience the Final Hearing was not at all like the Fact Finding. No Docks, no cross examination and overall a much more collaborative feel. Not so adversarial. This is the Judge trying to complete a Final Share-cared agreement (I assume) for your futures as separated parents with your child. That judge does not want to see you in that court again, so they try to do what is best.

Obviously, you and your ex don't agree on some things, hence the case. So the judge with try to decide what is best for the child from the evidence you both submit. In my Final case all my suggestions were child focussed eg. "I think this is best because of this benefit to my daughter". It worked and almost all my suggestions were ordered. 

If their Barrister is more interested in making you look like a "wrongun" (I had this) don't rise to it and always bring it back to the child. Explain how what you are suggesting is best for your child.

@relentlesslove 

Thank you (and mkjo)  that has helped put my mind at ease a little bit. 

@relentlesslove 

you think it will be same in my case as she is trying to prove I'm a bad person in every sense....

@relentlesslove 

Hi
Thanks for the brief reply..

yes thats correct my hearing is postponed till July 🙁

my case is ... court ask ex to file 5 allegations and ask me to reply I did. then when DRH hearing Judge ordered for fact finding hearing and ask me to provide list of question i want Judge to ask in cross examination which i already sent.

No where on orders court have asked me to submit any evidence ? so when I will submit ?

As per my uncle guidance I have submitted my bundle with evidence (which was not asked in any court order) and list of questions and offcourse I don't have submit these with Ex solicitors and I'm relying on these evidences.

yes I'm self representing.

which therapy you talking about ?? is it free ?

court didn't ask me any allegations I have against her.... I applied contact and court ask her top 5 allegations and i replied of course denied ALL thats it so what to share with her solicitors ?

Reponses already shared with her solicitors.

well in responses i didn't add evidences because it was not asked ( did i made a mistake) ?? what to do now ?
my question is if I submit my evidences (which was not asked from court) ex solicitors will bring a good excuse and good reasons.

Court ask her solicitors ONLY to submit bundle so I just submitted questions. Again no evidence (she dont have any) and i didn't submit as it was not asked.

Court didn't ask me any Scott schedule.

I don't think we can take McKenzie friend with me.

" so just remember that and don’t allow yourself to be disadvantaged by them not sending you things etc." what it mean ? as per advice from a solicitor i shouldn't send evidences which I'm relying what you say ?

Thanks for your advices.

Appreciated

Macmyers,

Thanks Relentlesslove, you have made good points. 

The first day I was asking her a questions through Judge. I was so happy that the Judge was asking like a police interrogation and like I have said at the end Judge said exactly (I am going to speak on behalf MR myself these allegations are not true).

All day was about ex, we had about 20 minutes to finish first day and judge asked her solicitor to start his cross examined but her solicitor said I'll do it tomorrow.

What I felt all the time judge tried to help me out (I don't know just a feeling)

Next day her solicitor tried to show the court how bad I am. But he failed.

What I have said to him (you have absolutely no duty of any care of my child is all about financial gain so don't pretend otherwise)

Xe wants to see my daughter under supervision but I say not when I sent my statement I have said only hand over to avoid further false allegations.

Hopefully next week the judge wants me to see my daughter under supervision.