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Re L Hearing.

(12 Posts)
Sassybeast Fri 28-Sep-12 21:42:04

I don't want to put too much identifying info here but was just after some reassurance. My solicitor is brilliant but tends to be very matter of fact and business like and isn't great at explaining what may/may not happen (So far the results have always gone in my favour though)

My statement was filed a few months ago. I am 100% confident in the contents. Ex has no convictions against me, apart from a caution for harrassment. He has cautions for an assault on one of the children and for assaulting someone in front of them.

For the Re L hearing, is it the judge who will question me or his solicitor ? Is it likely to be pretty full on (I have no experience of being in court) Ex naturally denies any assaults on me and has threatened that he will tear me apart. I would be less nervous if it was a judge who did the questioning as he has yet another new solicitor and I have no idea what they are like.

Thank you.

Spero Fri 28-Sep-12 21:50:03

If he has a solicitor/barrister, it will be the lawyer who questions you in court.

If he is a litigant in person (or self representing litigant I think I am now supposed to call it) then the judge may well intervene and assist in the questioning.

Some lawyers do like to act aggressive but they are in a minority and it generally goes down very badly with judges who will intervene and stop it.

Remember to re-read your statement on the morning. Try to answer the question asked, don't get into an argument with the person asking questions, if you don't understand the question ask for it to be repeated in a different way

Good luck!

Sassybeast Fri 28-Sep-12 22:08:58

Thanks so much Spero - that's really reassuring. I also meant to ask - Womans aid support worker breezily said that they may not question me at all, given the history that he has and just rely on the statements. Is that in any way likely?

mumblechum1 Sat 29-Sep-12 12:39:52

tbh, I've never had a Re L hearing where both parties weren't examined and cross examined in detail. Often they go on for a couple of days, if there is a ridiculously long Scott Schedule.

I agree with Spero, his solicitor or barrister will be careful about not being too aggressive with you.

What's your time estimate?

Sassybeast Sat 29-Sep-12 13:33:33

Thanks Mumblechum - have to be at court at 10am and not been given any indication that it will take longer than that day but will check with the solicitor.
Re a Scott Schedule - haven't heard such a thing mentioned before and googling hasn't really helped.
The L hearing was ordered after Ex went back to court repeatedly to try and increase his contact with the kids, despite SS intervention and his police cautions.
From my stance I would hope that contact can be increased but so far, there is no acknowledgment from Ex that he has ever done anything wrong - despite the cautions.

Spero Mon 01-Oct-12 18:43:10

A Scott schedule is simply a document divided into columns - the first column has your allegations, the second column his responses. This is to make the judges life easier so he/she doesn't have to keep flicking back and forth between statements to find out what is alleged and whether or not the other side agree with it.

If you haven't been asked to provide the judge with a Scott schedule of allegations, this is very unusual. It should be a standard direction before every fact finding hearing - the judge needs to know what findings he/she is being asked to make.

I usually say to pick your best 10 allegations as more than that is difficult to deal with in a day.

mumblechum1 Tue 02-Oct-12 04:18:24

I agree with Spero. I've recently retired from family work, but always kept the allegations down to a max of 10.

Some newly qualified clown insisted on putting 56 allegations in their SS a few months ago hmm

Sassybeast Tue 02-Oct-12 16:51:23

I've done a statement which has about 7 or 8 specific incidents and he has filed a counter statement, so assuming that is the Scott schedule.
Thanks both for your help smile Got my support worker from Womens Aid all sorted and just want to get on with it now!

Collaborate Tue 02-Oct-12 18:09:49

Scott schedule is as Spero says - everything on one page - 3 columns - the third for the judge to note their findings.

Spero Tue 02-Oct-12 18:12:51

I am a bit worried that statement and counter statements are NOT the Scott schedule - the Scott schedule is compiled out of info from the statements, in a more digestible and accessible form.

Just done a case this morning which was adjourned for two months because there was no schedule! So it can be a vital doc, can you check with your sol if it has been prepared and sent to court?

Sassybeast Tue 02-Oct-12 20:29:24

Thank you - I will check with my solicitor. Appreciate the help.

Alad Thu 04-Oct-12 03:03:05

Make you lawyer aware that your ex is also threatening you. This could be relevant to the case. Good luck!

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