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Loads of lies on statement to court

(11 Posts)
Needalegaleagle Mon 27-May-13 16:06:10

We have a final hearing soon for child contact. (Ex took me to court as he wants to change current arrangements)

We exchanged statements recently and I almost dropped dead when I read the lies. I can't get hold of my sol ( don't get me started on that) to talk about it and I've not slept since. Ex has written loads of lies of instances where I've withheld contact/changed it at short notice/keep him away from the school/took her abroad without telling him etc.

I have loads and loads of texted messages that could disprove so much ( but not all) of what he says, but my question is...can I submit new evidence now that I've already submitted my statement?

I'm worried sick he will just be able to sit there while his barrister accused me of all sorts. Ex has painted a terrible picture of me in the statement while going on and on and on about his family life and how perfect it is. He mentions his wife for example 17 times in the statement and how wonderful she is with dd, the things she teaches dd, how dd loves her etc.He doesn't give me my name even once ( refers to me as 'The Mother')

Please can someone tell me what I can do about the lies? Can I take my phone into the court room so the judge can look at it? Shall I print out the texts and emails? ( some of his lies are outrageous, saying I denied him access on xyz occasions and yet ive texts proving she was with him on those dates )

Thanks in advance

Needalegaleagle Tue 28-May-13 08:42:26

Bumping for advice

Catbert4pm Tue 28-May-13 08:47:30

I think you can ask to submit a supplementary statement and add new evidence to the bundle in light of the content of his statement. And sit back and enjoy his cross-examination. Is it too late to swap solicitors? Good luck smile

Boosiehs Tue 28-May-13 08:52:45

You certainly can submit a supplement if you wish - and additional evidence.

Also- if you aren't happy with your solicitor then call the firm and ask to speak to the senior partner. Say you wish to make a complaint. Putting the complaint in writing also helps.

Bear in mind its the bank holiday this weekend, they may have been away. However if its been more than a few days they should allocate someone to deal when they are away and inform you of that if you phone.

Print everything out. Show it all to your solicitor. Don't worry about emotive language in statements, I'm sure the judge is used to that and will see it for what it is.

Good luck.

Xenia Tue 28-May-13 08:59:05

I think you can. If I were you do all the work for the lawyer. Take your ex's statement and with numbered paragraphs which refer to his and with copies of the text messages added as numbered attachments clearly cross referred to your supplementary statement item by item and ASAP counter everything he says which is lies Do not just send it in on the day as it may be disallowed. Try to get it submitted very urgently to the court and to his lawyers. Put in as much evidence as you can as I suppose texts could be forged. Eg you may have an unbiased contact who witnessed what happened who could give their own statement.

Needalegaleagle Tue 28-May-13 12:03:05

Thanks all so much, will ask sol about supplementary statement.confused

lostdad Tue 28-May-13 12:18:26

You do not need to rebutt every instance. If you haven't blocked contact at any point - state it plain and simple. Do not get into a point-by-point discussion of things.

As it is a final hearing there will be a bundle prepared.

Presuming your ex is the applicant his solicitor will put it together after agreeing (well according to Practice Directions after agreeing `where possible), sending your solicitor and the court copies. Amongst the information contained therein will be supporting documentation to prove any arguments that are being made.

If he feels you've blocked contact it will likely be in his statement of issues and his barrister may choose to ask questions to you during cross examination.

Do not worry about this. The onus is not on you to prove you didn't block contact - it's on him to prove it did. Make sure you speak to your solicitor on this as soon as you can because it's nothing to worry about.

Final hearings and their lead up are when `dirty tricks' abound. I've not McKenzie'd at a hearing yet where the other party hasn't tried to make the people I am helping out freak at the last moment to unsettle them. It's just an expensive and unfunny version of `chicken'.

Don't get rattled.

Needalegaleagle Tue 28-May-13 13:24:04

Thanks lost!

The instances he is referring to (quite verociously) is where dd has been genuinely ill. I can prove that she was ill as well. Thanks for the advice though, I feel calmer. I had visions of his barrister tying me up in knots and generally making me look bad.

Xenia Tue 28-May-13 14:14:01

Be able to show she was ill. Most fathers are just as good as mothers at looking after most children who are ill whether it be a cold or chickenpox but if there was no way the child could even leave the home then not having contact because of illness or hospitalisation etc is a very different matter than normal illnesses which do not stop contact.

babybarrister Tue 28-May-13 18:22:57

you need to prove your case - print out the emails etc and make sure they are sent to the other side asap

Needalegaleagle Tue 28-May-13 22:46:03

Thanks both, advice appreciated!xx

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