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[Solved] what to evidence for for contested hearing?

 
(@ChainMail)
Estimable Member Registered

Hi all,

For anyone who has experience of contested hearings regarding child arrangement orders.... what kind of evidence did you provide? how was it evidenced? how do i/did you show the court that you can respond to your children's needs in the past... and for the future? what worked for you guys?
it seems so simple if i could show the court all the videos and photos over the years..... doing homework..... teaching cooking, manners, about money, looking after when ill etc, etc.... and all the rest i can explain this easily but how best to show it in court?

Quote
Topic starter Posted : 28/02/2017 3:29 am
 Yoda
(@yoda)
Famed Member

Hi, your statements that have been submitted to date can be classed as evidence, as do the other parties. You can include texts, emails etc and you could include some photographs too. If you haven't been asked to submit a statement already, you could ask for permission to file one. You can refer to the evidence during the statement and then attach this to the back.

ReplyQuote
Posted : 01/03/2017 1:05 am
(@ChainMail)
Estimable Member Registered

Hi Thanks Yoda,

I have not been afforded the opportunity by the judge to submit a statement until now..... and I've now been given a date to submit both my first.... and probably last one for the next hearing.

separately i've a new issue today..... I've been in to school this morning and spoken to my children's headteacher regarding a concern of my children's emotional health and how this is affecting them..... the head agrees with me that there are signs of them struggling at school also and suggested referring them to our local social services children's emotional well being service for additional support which i did..... due to non-mol order i can only discuss making arrangement for contact with my children's mother.... something that i got a strongly worded email about from her sol the other week.... so head teacher was going to phone her and let her know about my referral (which i'm assuming happened)...... tonight i get home late to find that my son has phoned up unexpectedly...... expecting to speak to me..... and i wasn't in...... no arrangements for this were made.....and not part of new interim order...... whilst i don't want to vilify the children's mother i find it difficult to view this any other way than emotional abuse towards my children..... the timing is just too convenient....... and things like this keep happening..... i keep a diary record but i'm aware that my statement has to be as short and precise as possible...... not one of my strong points as you can see. i just need to be able to protect my children and i don't see away of doing that without the ex using them..... and continuing to do it ..... and in my view hurting them

ReplyQuote
Topic starter Posted : 04/03/2017 4:38 am
 Mojo
(@Mojo)
Illustrious Member Registered

I think you have to bank on the fact that our children are far more resilient than we give them credit for....I'm sorry they are struggling, but once this is over I'm sure things will get back to a new normal for you all.

There's nothing to stop you writing to her solicitor to state that impromptu telephone contact with no notice is upsetting for the children when they find you're not available, and that as the school have shared concerns with you for their emotional health and the effect this is having on them, that they be protected from the proceedings wherever possible and part of that is having confidence in both parents being there for them. Say that you are more than happy to schedule telephone contact with notice and perhaps make some suggestions when would be a good time for this to go ahead.

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Posted : 05/03/2017 5:07 pm
(@ChainMail)
Estimable Member Registered

thank you for the sensible avice

ReplyQuote
Topic starter Posted : 05/03/2017 5:31 pm
 Yoda
(@yoda)
Famed Member

I agree with Mojo on this.

If your court order is asking for a position statement and suggests 2 pages as the maximum length then you have to stick to that and ask permission to file evidence.

If it is asking for a statement of evidence or a witness statement, it can be a lengthy statement with evidence attached. Would the school be willing to provide you with a letter to confirm their concerns for example?

ReplyQuote
Posted : 06/03/2017 11:48 am
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