Guest viewing is limited

Composite Final Hearing

DadLad

DadLad

Experienced member
Member
I had my DRA and a 4 day composite final hearing has been ordered:

Day 1 - Evidence of respondent
Day 2 - Evidence of applicant
Day 3 - Submissions/ Observations
Day 4 - Welfare/ Judgment

I don't know if anyone has had any experience in this type of hearing yet?

1. With witness statements, does the author need to attend so that they can get cross-examined and undermine the flawed statement?

2. What are the possible outcomes of this type of hearing?

3. I have possibly the most biased Cafcass worker to date.
 
  • Like
Reactions: Ash
My final hearing was only one day. But evidence of applicant came first. Ex was cross examined as applicant, then I was cross examined as respondent.

The judge and her barrister presented this as standard procedure.

I am not sure about the pros and cons of going either way.
 
I'm trying to get my head around the process.

We have both been ordered to file allegations along with evidence by a specific date.

My confusion is, how am I expected to file evidence to counter the allegations that I've not had sight of before?

And how do I flaw any witness credibility?
 
  • Like
Reactions: Ash
If this a fact finding for cross allegations combined with Final Hearing?

I did not have a fact finding, so not my area really.
 
It does sound confusing - have you been asked to submit witness statements with evidence AND a list of allegations? And are you both making allegations or just your ex? Does the order state dates by when things are supposed to be submitted? It does sound like there needs to be an earlier date for the list of allegations, than the date for statements to be exchanged.
 
At the moment it's only a draft order and I've addressed the above in an email to the judge because it's been worded completely backwards by the incompetent solicitor.

He was awful and really incompetent. He didn't even know his clients name lol and when I raised something about a document he hadn't read it. He even accidentally emailed me their hearing notes which has some really useful information to use as evidence.
 
The wording of the order will determine how I build my case.

Does the author of a witness statement need to be in attendance so that they can be cross-examined?

How do I destroy a witness's credibility?
 
bear in mind, if there is allegations of domestic abuse etc, you are not allowed to cross examine the witness involved or your ex. In fact cross examination of your ex by yourself, is really not a good idea. The court can ask the questions indirectly, usually by the judge, but this doesnt allow for you to make dynamic changes based on the answers.
 
NewcastleBrownAle said:
bear in mind, if there is allegations of domestic abuse etc, you are not allowed to cross examine the witness involved or your ex. In fact cross examination of your ex by yourself, is really not a good idea. The court can ask the questions indirectly, usually by the judge, but this doesnt allow for you to make dynamic changes based on the answers.
Click to expand...

I will ask for a QLR to be appointed to cross-examine the ex.
 
How do I prepare evidence for the ex's allegations if I don't know what the allegations are?
 
Hi DadLad,

I cross examined my ex as litigant in person at my final hearing. It was not a FF, but NMO application under Family Law Act was consolidated with the Children Act Application. Ex had "liberty to restore" FLA proceedings, "evidence in one to stand as evidence in the other".

The result was a Child Arrangement Hearing being almost entirely hijacked by her allegations and attempted assassination of my character. I did not know until part way through the hearing that I would be cross examining my ex. All the people I spoke to about what would happen said this was not on the cards.

Either way, you need the same thing. A list of questions that will draw out your ex's contradictions. In its very simplest form this would be along the lines of

Q1 - At bundle page 54 you state... Is that correct?

Q2 - On page 47 of the bundle you state... Is that correct?

Q3 - Have you considered exhibit DL03 on page 19 of the bundle?

Q4 - Doesn't exhibit DL03 discredit earlier testimony where you stated...

Q5 - Long list of quotes from ex that do not agree with eachother. How can all of these statements be correct? This one is a form of compound question that was allowed against me despite my objections. With context, my various statements were all true. Listed in a compound question they looked ridiculous. I started going over the question to explain but the barrister spoke over me and pushed my answer aside. One of the major difficulties was that my pushiness and disagreeableness was the point in question. Being pushy when cross examined was hard as a result. I tied my ex up on some key points when I cross examined her. Her barrister came back to those points and swept up after her.

There are things barristers know that we have absolutely no idea about. They are permitted to act in ways that would work against us massively.

A barrister is what you need. I did not realise this until after my final hearing.

Beg, borrow, or steal!
 
I don't have the financial resources to have a barrister for 4 full days.

Im doing it as a LIP and I'm preparing myself the best I can. I appreciate your advice and experience 👍
 
I need to write a witness statement for the composite final hearing. Has anyone got any pointers? What do you include?
 
You must log in or register to reply here.
Back
Top