court tactics

[NewcastleBrownAle]

Well, those of you that have followed by case, might remember that my first hearing is in July and we had an interim arrangements hearing that CAFCASS advised , but a very frosty, hostile judge simply refused to hear it and closed the hearing.

As my ex has made so many allegations, although CAFCASS state they are not necessary relevant, I'm thinking that the judge and future judges will be biased by them, making inferences on unproven allegations.

CAFCASS don't recommend a fact finding hearing. My thoughts are , at the first hearing is to get an interim contact arrangement , then argue for a fact finding hearing. After all I have a mountain of evidence to show her allegations are lies, and she has absolutely none.

The general advise on here is to avoid a fact finding, so thoughts on this one ?

 

[Ash]

You might get interim time in a contact centre or supported in the community at the next hearing. I'd also think it would be better to avoid a fact find. Without one you'd probably go: Section 7, DRA then final hearing. That could all take about 9 months from the next hearing. If you have a fact find as well it could add another 6 months. What evidence do you have? The best evidence is professional reports - eg from police, social workers, psychologists. Even with good evidence, Fact Finds are based on the balance of probabilities and ultimately, who the Judge feels is telling the truth.

Even when some Dads have won a fact find, it is then followed by a Section 7 and in some cases the Cafcass officer has basically ignored the fact find being in Dad's favour and determined that there is abuse of the Mother (coercive control etc). A couple of guys had a very bad section 7 after a fact find.

Without a fact find, you'd probably have a Section 7 report and then go to a DRA to report back on that, and then go to a final hearing, where you can undermine the Section 7 report through cross examination, if you think it's flawed (they usually are) and not in your favour or your child's best interests.

Sometimes the court themselves dismisses the ex's allegations without a fact find. It helps to have Cafcass onside.

There has also been the odd case where a three day fact find hearing was ordered a whole year away. Which is a bit like a big F off. And then adjourned. For a fact find you really do need a barrister or representation as they can go badly wrong - 3 days of a barrister is a lot of money. Personally I think it's best to try and keep the case simple if you can. If you get to a final hearing, it will be deemed there are no welfare issues with you. And unless social services take the child away from ex, the court isn't going to do that.

 

[NewcastleBrownAle]

As my ex fabricated evidence for her police case ( their opinion not mine, as I've not seen the evidence itself), they offered me the option to refer my case for independent review to bring charges against her. After all, fabricating evidence and making false statement in criminal law is a serious matter. I declined, I was worried it would look like tit for tat. I'm now starting to think that this was a mistake and that going forward with a case against her, especially now, it would mean she would be on bail for the section 7 and DRA, speaks volumes, but I'm not sure.