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Courts really are on mother's side
- Thread starter Dadoftwo
- Start date
I'd definitely seek legal help If you can afford or check if you qualify for legal aid since you're the victim of domestic abuse.
In order to keep costs down, you can find a direct access barrister and agree a fixed fee for the production of your statement, evidence and schedule while you manage the case yourself (i.e. dealing with the courts and your ex's solicitors).
This statement is of crucial importance for the rest of your case so it must be spot on. You absolutely must make sure you get this right.
I have just got a phone call from the police and they are now charging the bf of the attack that happened recently (mother and her family were with him). I also got a report from the social service's recommendation, which is positive overall and she called me to say she tried to keep it as neutral as possible and that made sure that it didn't look one-sided.
I'll get the barrister to get me a quote. I'm not sure if I'll hear from the court regarding the extension, what shall I do if they haven't granted an extension before tomorrow 4 pm? I just went to the court myself and dropped the letter as well as an email to ask for a 4-weeks extension explaining the situation.
I'll get the barrister to get me a quote. I'm not sure if I'll hear from the court regarding the extension, what shall I do if they haven't granted an extension before tomorrow 4 pm? I just went to the court myself and dropped the letter as well as an email to ask for a 4-weeks extension explaining the situation.
Ouch that's a bit short notice. I haven't personally done a Scott schedule but more info below on how to do one. You won't be able to meet that deadline but don't worry. When you send it in just attach it to an email to the court explaining you only received the court papers on 13th June and apologise for the slight delay in submitting your Scott schedule.
Your ex will also be having to submit one so she'll have the same issue. Once both are in you should be sent a copy of hers, so you can fill in the responses.
If you are making any allegations yourself, follow the advice below. You can attach documentary evidence to back up any allegations you make. I'm assuming it's mainly her making the allegations? And you responding? Start getting evidence together to debunk any allegations she makes. Like if she says on 1st Jan you trashed her car - produce a receipt showing you were abroad on 1st January (that kind of thing).
Others who have had a fact find may also offer tips on here when they see your thread.
Scott Schedule
childlawadvice.org.uk
Ash, thanks for your response, again your reply is really helping me, this morning I only received the drafted court order from her solicitor (not from the court), I'm sure her solicitors have completed and filled in everything already. I still haven't received the sealed order, I have chased it with the court (they never reply or pick up the phone).
We are both making allegations, I only wanted a fact-finding based on the attack but now the police are charging them with a magistrate court date soon. I also have a number of other things I can add (they allow 7 number of allegations).
We are both making allegations, I only wanted a fact-finding based on the attack but now the police are charging them with a magistrate court date soon. I also have a number of other things I can add (they allow 7 number of allegations).
Sorry I posted at the same time as other posts and didn't read back - of course you're the one making the (true) allegations. You've had excellent advice from Blindex.
I am just wondering. If that was only a "draft" order sent by her solicitors (who presumably wrote it up) if it is actually genuine and what an order would say? When you were in court, was the date of fact find submissions stated - to be ordered? If it wasn't, how do they know what the date is.
I would phone the court first, try to be calm even if you feel panicked, and just explain to them that you have been informed by the other side's solicitors that you need to submit a Scott schedule by tomorrow (or by today if you phone tomorrow as the courts might be closed now). And explain to them that you have not received this order of the court and ask them if that is correct? Are you supposed to submit a Scott schedule by 14th June, as it is very short notice. And see what they say. Be friendly and pleasant with them - court clerks can be very helpful and respond to concerned people who are pleasant with them. I have know a clerk actually go straight to a Judge, inform them of the situation and come back with directions from a Judge, which they then issue.
I am just wondering. If that was only a "draft" order sent by her solicitors (who presumably wrote it up) if it is actually genuine and what an order would say? When you were in court, was the date of fact find submissions stated - to be ordered? If it wasn't, how do they know what the date is.
I would phone the court first, try to be calm even if you feel panicked, and just explain to them that you have been informed by the other side's solicitors that you need to submit a Scott schedule by tomorrow (or by today if you phone tomorrow as the courts might be closed now). And explain to them that you have not received this order of the court and ask them if that is correct? Are you supposed to submit a Scott schedule by 14th June, as it is very short notice. And see what they say. Be friendly and pleasant with them - court clerks can be very helpful and respond to concerned people who are pleasant with them. I have know a clerk actually go straight to a Judge, inform them of the situation and come back with directions from a Judge, which they then issue.
Her solicitors can't have filled in everything already because they need to see your Scott schedule to be able to fill in their responses. If the police are charging them then that is evidence for your Scott schedule too. When the Police informed you of this, did they do it on the phone or in writing? If on the phone, contact them and politely explain that you need something in writing to show what is happening next for court papers you need to submit. If, as part of your evidence, you can submit a police document confirming her partner is to be charged, that is real evidence.
Why are they only charging her partner and not her?
Why are they only charging her partner and not her?
Ash, you are absolutely right, when I read the draft order, I was surprised by seeing a date as to when to submit the Scott schedule as the judge never mentioned it, so I do believe that her solicitors added that.
It is impossible to get through to anybody at the court, I was once on the phone for 4+ hours and nobody picked up.
Every time I ask for something in writing from the police they won't do it, they said to ask for police disclosure from the court, which we now do but the court order is not sealed therefore they won't give us everything they have on file.
Even if I needed to submit evidence and allegation tomorrow, I still wouldn't be able to do without the sealed order to get police reports.
Can I tell her solicitors that I do not agree about the date on the draft order?
It is impossible to get through to anybody at the court, I was once on the phone for 4+ hours and nobody picked up.
Every time I ask for something in writing from the police they won't do it, they said to ask for police disclosure from the court, which we now do but the court order is not sealed therefore they won't give us everything they have on file.
Even if I needed to submit evidence and allegation tomorrow, I still wouldn't be able to do without the sealed order to get police reports.
Can I tell her solicitors that I do not agree about the date on the draft order?
It is a bit of a coincidence isn't it? Although - I was just thinking - you had an urgent hearing didn't you? If the kids are at risk they are maybe treating everything urgently, and asking for more time "might" undermine your claim of urgency to the situation. I would sit down tonight and start completing a Scott schedule, regardless of what happens next. And also, tonight, email the court (if you can't get through on the phone), Something like
Subject Header: Case Number xxxxxxxxxxUrgent submission date tomorrow
Dear Sirs
Today I received a document/draft order from the respondent's solicitor, claiming I need to submit a Scott schedule to the court by tomorrow (14th June). I have not yet received an order from the court requesting this, and it is rather short notice, although the matter is being treated as urgent due to welfare issues. I would be extremely grateful if you could let me know, if I am, in fact, to submit a Scott schedule by tomorrow. I am in the process of preparing one.
Yours sincerely, your name
Mobile number: xxxxxxxxxxxxxxxxxxxxxxxxxxx
Subject Header: Case Number xxxxxxxxxxUrgent submission date tomorrow
Dear Sirs
Today I received a document/draft order from the respondent's solicitor, claiming I need to submit a Scott schedule to the court by tomorrow (14th June). I have not yet received an order from the court requesting this, and it is rather short notice, although the matter is being treated as urgent due to welfare issues. I would be extremely grateful if you could let me know, if I am, in fact, to submit a Scott schedule by tomorrow. I am in the process of preparing one.
Yours sincerely, your name
Mobile number: xxxxxxxxxxxxxxxxxxxxxxxxxxx
Very useful, I just sent the email using some of your wording, thanks I really appreciate it. I'll prepare the Scott Schedule, but I won't have time to go through the evidence, and also I don't have the police report as yet (maybe that's what they were trying to do, so I can't get the police report after them being charged).
That is a good point. Maybe they are trying to trick you into submitting early without important evidence. See what the court replies. Yes start preparing the scott schedule and organising what evidence you have for it. I'd start by listing your allegations on a sheet of paper. Putting brief details next to them. Marking any evidence you have with letters like a, b c etc (I used a marker pen and wrote a) in a circle top right corner of the page). Then put "exhibit a" or whatever, next to each numbered allegation explanation. If a document has more than one page, put a) or whatever letter it is - on every page - top right corner.
I haven't heard from the court, so I won't be submitting anything yet, I'd rather submit it late with an explanation letter than submit a 1/2 schedule done.
I have finally made a list of 7 allegations, which has the most evidence and most recent. Can I post the 7 allegations here? I'm just worried they are not relevant enough?
Also how long should the statement to go with it be? Is it 1 whole statement? or 7 separate ones?
I have finally made a list of 7 allegations, which has the most evidence and most recent. Can I post the 7 allegations here? I'm just worried they are not relevant enough?
Also how long should the statement to go with it be? Is it 1 whole statement? or 7 separate ones?
I think basically you have the list of allegations with evidence (as set out in the Child Law advice article) and a separate statement to accompany the list of allegations.
By all means post it on here - if you later want the detail removed, just let me know.
By all means post it on here - if you later want the detail removed, just let me know.
Ash... you are a legend on these posts!
Trust me... 10year in, I'm still fighting for my son against a mother who has serious Narcissistic Psycholical issues. All evidenced from a high level expert Psychologist. DO NOT give up. The system, is catching up... yes very slowly. But believe me, in the end it is so worth, seeing the look on their faces when the big red bus starts to turn in your favour.
Trust me... 10year in, I'm still fighting for my son against a mother who has serious Narcissistic Psycholical issues. All evidenced from a high level expert Psychologist. DO NOT give up. The system, is catching up... yes very slowly. But believe me, in the end it is so worth, seeing the look on their faces when the big red bus starts to turn in your favour.
Hey guys, I was hoping to spend the Saturday afternoon focusing on this court case, I've been trying not to think about it too much lately and take a break, I am finally back on track and I have found enough strength to get back at it, decided to go on 2 holidays with my partner this has helped a lot.
I will post later on the list of allegations I will use for the FFH.
DJC, 10 years? Oh wow, I am so sorry to hear, do you have a thread on this forum I can read on your situation?
Does anyone know what I can do to bring the children's stepmother to the contact centre with me to see the children? The contact reports show how much my boys miss her and my wife really misses them and she starting to feel it now more than ever. I contacted ex-wife solicitors and CC'd the contact centre asking to bring the step mum and said since there are no allegations against her that they shouldn't have any reason for her not to attend.
But solicitors are ignoring all my emails. Is there anything I can do? Can the mother simply say no without a reason? Can I make any other court applications? If the proceedings are taking long, I trying to find a solution for the kids to see their stepmother. Also, the mother has not allowed video calls during contact at the centre, Can she do that?
I will post later on the list of allegations I will use for the FFH.
DJC, 10 years? Oh wow, I am so sorry to hear, do you have a thread on this forum I can read on your situation?
Does anyone know what I can do to bring the children's stepmother to the contact centre with me to see the children? The contact reports show how much my boys miss her and my wife really misses them and she starting to feel it now more than ever. I contacted ex-wife solicitors and CC'd the contact centre asking to bring the step mum and said since there are no allegations against her that they shouldn't have any reason for her not to attend.
But solicitors are ignoring all my emails. Is there anything I can do? Can the mother simply say no without a reason? Can I make any other court applications? If the proceedings are taking long, I trying to find a solution for the kids to see their stepmother. Also, the mother has not allowed video calls during contact at the centre, Can she do that?