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Finding of fact hearing pros and cons?
#1
I am self representing and my ex has a solicitor. Her Solicitor sent me a letter asking me to admit to violent and aggressive behaviour as per my exes statement. Cafcass have recommended a finding of fact hearing as I denied the behaviour.
I feel I am being pushed by the solicitor to admit this behaviour. Why would they want to avoid a finding of fact hearing? Would she potentially get in trouble for making false allegations? Or can criminal convictions follow If they support her arguments? As evidence she has voice recordings of us arguing which I knew nothing about and believe she orchestrated! She stayed really calm when I lost my temper which looking back is strange and it paints me in a bad light.
Thanks
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#2
Hi David’s,

Firstly don’t admit to anything, it’s up to her to prove you’ve done what she said. Re cafcass I’ve been in a similar situation and they always err on the side of caution so generally push towards a fact find hearing to try and get to the bottom of it. I wouldn’t worry it’s defiantly going down that route, I had cafcass try to direct my case to a fact find and the judge criticised cafcass because I was getting access and both parents were saying no safeguarding issues so he questioned why cafcass would want to go down this route, if you have a sensible judge they will make the final decision.

Again I had the voice recordings being used against me, judge wasn’t interested and what does that prove? It’s clearly been orchestrated to make you look bad and everyone argues, proves nothing, make sure you point out you weren’t aware she was recording you and she didn’t tell you she was.

A family court isn’t criminal so you can’t face criminal proceedings if they find you “guilty” of domestic issues, worst case they’ll put you on a DV perpetrators course but don’t worry about that, remember it’s up to her to prove you did those things not for you to prove your innocence. How many allegations has she made?
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#3
Don't fall for the solicitors bullying tactics, categorically deny all allegations and leave it to your ex to prove them as true.
They probably want to avoid find a fact as their is no hard evidence; voice recordings won't cut it in court unless you have threatened to bury the ex.
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#4
When you go to court deny all allegations . Raise no allegation s yourself and make it all about children. Dont be bullied by a solicitor
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#5
Thanks to all. She has made four allegations that she is supporting with voice recordings. I believe it is up to the judge/legal advisor whether to admit this evidence and how much weight should be given to it.
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#6
They wont have voice recordings as evidence
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#7
Do not admit to any allegations, it can have adverse consequesnses in the future.
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#8
My ex produced voice recording too in support of non-mol extension which strangely court accepted as evidence so asked ex to produce a transcript of it, but there was nothing in the transcript that was violent or threatening and voice recording which I was given a copy of my solicitor said a) I wasn't screaming or shouting instead I was calm and composed knew what I was saying b) the whole audio didn't have what the other party ( ex) was saying which implied the audio was carefully orchestrated. Funny enough ex lost the FoF so badly that when it came to non-Mol extension Judge wasn't even prepared to take up the secret recording part. Yes like warwickshire said, make it all children focussed. I'm amazed how all our ex'es find the same route of secret recording as a last throw of dice.
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