Responding to scott schedule

[John]

Afternoon guys and happy new year.
I am starting to respond to a Scott schedule sent to me by my ex and wondered if anyone has got any advice?

She hasn’t formatted it well at all and not to the requirements set by the court, so it’s making it very difficult for me to respond to how they want me too.

I’m happy to send a copy of it to anyone privately if they want some more info and could advise on how to respond, as most of the allegations I do not feel are relevant to the CAO case.
Cheers
J

 

[Ash]

I'll wait for others to reply to this as I haven't done a Scott schedule before so only have general knowledge of it.

 

[Kyle]

The idea of a Scott Schedule is to provide clarity and make it easier for a family court judge to way up allegations prior to a fact find is it not?

The format should be the standard table style. A column for the dates of allegations. A column for the allegation made by the respondent. A column for the applicants response and a column for the judges findings: https://view.officeapps.live.com/op...ads/Scott-Schedule-1.docx&wdOrigin=BROWSELINK

How exactly does the court want you to respond? If allegation number 1, as in the example linked above, is "he pushed me down the stairs." The response is; "allegations denied" and the reason why.

Don't make it difficult. No matter how badly its been put together or whether you feel it's relevant. Just respond briefly and concisely.

Date	Respondents Allegation	Applicants Response
02.01.2023	Applicant come to my home making threats.	Allegation denied. I can proved that I was at home.

 

[Ash]

Great example. I believe you can attach evidence as well, if it's for a fact finding hearing - is this the same when submitting a scott schedule? So the response could then be "Allegation denied. I have evidence I was at home - see attached document numbered a1)."

 

[Daddy]

I would also add that my Scott Schedule consisted of the above table and a statement which goes into the details of the incidents/allegations giving you to put forward your side of events, (if you can't fit it in the table). The statement should also include any evidence you wish to use. The statement should be in numbered paragraphs so you can add the reference in the table eg para 1-4 to the incident you are alleging. Same goes for evidence such as photos could be added to the statement and labelled "Image1" etc, so you can reference it in the table. (You don't reference any of your ex's statement or evidence in their column of the table, that's for your ex to do.)

When responding to the Scott Schedule, you should write a statement in response to the ex's incidents/allegations, again in numbered paragraphs, again with any evidence (which should be labelled) so you can reference it in the Scott Schedule table in your column, (Applications response column if you are the applicant).

In your statement responding to the allegations, you can reference some of your ex's statement, if it wasn't formatted in numbered paragraphs, just say; page 1 line 10-13 etc. Not being formatted correctly is to your ex's disadvantage because they will not be able to clearly reference anything, making it harder for the judge to find and get her point across.

 

[Hackedoff_dad]

is it actually signed?

 

[John]

See the thing I’m struggling with is the fact that none of her allegations of abuse have any substance, she isn’t able to provide any evidence apart from “she told her friends and family who can provide a statement”.
The one the does worry me is she has said that I’ve smacked the kids when they have been naughty. I will admit that I have, 2 maybe 3 times max, given then a little slap when they’ve been naughty but never enough to leave any kind of marks or bruises and it hasn’t been hard. This was actually encouraged by her telling me to “go and sort the kids out”.
Since the smacking incidents and seeing how much this impacted and frightened then I haven’t done it and have punished them in different ways, ie taking things they like away (phone/iPad).

 

[John]

And to add, this has occurred when we were both drinking alcohol together and the children refused to go to bed.. I have been off the alcohol and done a hair strand test to prove this, and I’ve also been attending an alcohol support centre and completed a voluntary course on how drinking alcohol around children effects them.

 

[Ash]

In that case you respond to that allegation with - it is true that two or three times I have used normal parental discipline via a light smack, after being told by Mrs Ex to "go and sort the kids out" when they were misbehaving. However I feel that in future it would be preferable if both parents agreed to only use "time out" for discipline and use reward charts for good behaviour.

There's no point denying something but you can put it in context and it's hardly an allegation - reasonable chastisement is allowed by parents. But she will of course use it against you and it's better to use a different way.

Actually confiscating things isn't great either. Apparently it doesn't work and can increase bad behaviour. I got some advice on this when my son was behaving terrible aged 4 or 5 and started using a reward chart. It's amazing. You just don't get any bad behaviour lol. They are so keen to please and achieve things and get another tick or star on the chart - after so many ticks or stars they get a treat. It sounds a bit strange but it really works. Instead of drama over going to bed and brushing teeth, he was ready for bed ontime, brushing teeth on time - all to get another tick and get closer to the reward.

So instead of confiscating the ipad - one of the rewards is - extra time on the ipad (chocolate is usually a good reward as well though). So they see their gaining something rather than having it taken away. Punishments just lead to resentment if they don't understand what they've done.

In a co parenting situation you have to be careful as well, so you can't be accused of anything.

 

[John]

Cheers Ash,
Your comments and advice are always useful!
I was going to admit that allegation but wasn’t really sure how to word it properly without it coming across like that’s how I deal with them on a regular basis.
The other allegations are things like, urinating in different places and ok the dog in his cage after nights out in 2012 getting drunk and being verbally abusive in 2014, smacking the children in 2019, and claiming she’s always had to be careful when I’ve been drinking in case I’ve turned on her. The last one is that I’ve been verbally abusive to her when collecting the children from her house, which is rubbish because I have my phone recording in my pocket every time I collect them from her house so I can scrub that one off easily. The others are a bit more difficult as they’re so old and long ago to prove I didn’t do them

 

[Ash]

Sorry I almost had to laugh at that! Urinating where exactly? Lol. Forgetting to let the dog out? Surely she needs to take some responsibility as well. Verbally abusive in 2014 - does she give an example? People have arguments. So presumably she won't have any evidence for any of that.

I think with things like verbally abusive in 2014 you could put something like - this is untrue other than the fact there were the usual marital arguments while the relationship was breaking down.

The dog one - is that actually an allegation?! I would put - I am not aware of having caused any harm to our dog who is still wagging his tail (sorry - no you can't put that but something brief like I have never caused any harm to the family dog).

She's trying to paint a picture of you being an abusive alcoholic who hits the kids. I think the serious one is her accusing you of hitting the kids.

 

[Hackedoff_dad]

i disagree don't admit to any form of abuse whatsoever it is up to your ex to prove it

 

[John]

What about the smacking of the children? I don’t want to lie and then cafcass speak to the kids who then back up mums allegations and then I look worse off for lying, if you know what I mean

 

[John]

is it actually signed?

It was sent via email so she’s basically put her name and date at the bottom of it

 

[Hackedoff_dad]

It was sent via email so she’s basically put her name and date at the bottom of it

well I would mention that in your position statement, you have received it but its not actually signed.

 

[Hackedoff_dad]

What about the smacking of the children? I don’t want to lie and then cafcass speak to the kids who then back up mums allegations and then I look worse off for lying, if you know what I mean

Are the kids of age as in older than 5?

 

[John]

11,9,7 mate

 

[Kyle]

Do not admit to anything in a court that cannot be proven!!

It’s very easy to get dragged into this he said, she said none-sense. And before you know it, you’ve painted yourself exactly how she wants.

Other than explaining that there was the usual bickering which was as clear sign the relationship was coming to end, I would give none of what she claims any airtime at all.

 

[Hackedoff_dad]

11,9,7 mate

even still I would not admit to anything she cannot prove, once you admit any form of abuse or even a whiff of it you are going to make your life more difficult, take your time think carefully before you say anything or admit to anything

 

[Kyle]

Let’s touch on your concerns about “lying” in the Family Courts because this is a hot topic. There are currently 116,000 active Child Arrangements Order proceedings in England and Wales. Most of those based on lies from a vitriolic mother who is just trying to hurt her ex at the expense of her own children's emotional wellbeing.

Lie in the Criminal Courts, it’s perjury. Lie in the Family Courts, nothing.

The Family Court is the only place I'm aware of where you can tell lies designed to harm others with no consequence. Do it in a criminal court and it's perjury. Do it anywhere else and it's slander/libel. Do it in Family Court and it's rewarded (if you're a spiteful mother)"

I’m not encouraging you to abandon your morals and always advocate fighting fire with water to show the courts you’re the rational one but I wouldn’t be surrendering my soul in the face of so much malicious dishonesty.

If she has concrete proof of events then fair enough. If not, you’re innocent until she can prove it.

She wanted this. Don’t make it easy for her to discredit you.