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Final Hearing outcome - Gutted
#31
Hi Guys,

Just wanted to update you on my progress. Unfortunately my appeal failed in front of a DJ and I have to go for a fact finding. It seems that any accusation of DV at any point in the family court process must go to fact finding. It's totally out of order that my ex waited a year after separation until our final hearing to raise these allegations but I believe she's being advised in terms of the best way to delay me access to our children so hopefully I'll run out of money before a final order is granted and give up. She hasn't got a prayer!!!

Does anybody have any advice on responding to a Scott schedule for the fact finding? Should I keep it short or give them war and peace with my own allegations? My solicitor will advise me on this too but any tips would be appreciated.

Cheers
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#32
Sorry to hear this buddy, Ive been following because my ex hasnt said a dicky to anyone until the statements for final hearing. No C1a, nothing to mediator, CAFCASS, nothing said at first hearing. So this scares the shit out of me because Im considering a solicitor and barrister for the final hearing.
Anyway, purely anecdotal but absolutely everyone on here seems to say "dont fight fire with fire" just cover off the accusation and move on. Slinging mud back just seems to delay even longer. But for me its the injustice of it.
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#33
Hi ,Sorry your application to appeal was unsuccessful.
If DV is alleged their should always be a fact finding.
Saying that they failed me at my previous hearings and final hearing until I appealed under Prac Dic 12J.

I wanted a retrial and got one as I was the bloody victim in this both incompetent magistrates ,cafcass not knowing what's the law states. I got bulldozed initially.

So after 4months after my appeal was successful I am waiting for a final hearing again.
Delay delay delay....
Cafcass cafcass cafcass.failing to do report in time.

For a fact finding, if you are answering to her statements, challenging everything thing that is not true to fact.
Keep it focused and short. And stay child focus.
Get witness statements 2or 3,
A chronology from when u met etc till separation.
I had my solicitor sort out the bundle, I just gave them what they asked for.

Key thing is , you wish contact to process as this will be in the best interest of the children .

Good luck. June appears to be a common day for final hearings
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#34
I think you respond to the allegations on the Scott schedule and give information that counteracts them. I think you can also submit a short statement or position statement and say anything else you want to say there, but it would be better not to make counter allegations - you can mention things like that if they illustrate a point and you have evidence for it. Without paper evidence, don't mention anything. Mainly something like what you want to achieve in the statement - a kind of position statement that steers away from the allegations and focuses it back on the actual situation. Ex stopped contact, you want your children to spend x time with you etc. Plus anything else you feel is relevant, very briefly. Solicitor should advise.
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