Cross examination help!

[bespawler]

Final hearing is scheduled for a few weeks time and I'm self representing for financial reasons. I'm led to believe that cross examinations will take place and I need a bit of help please.

Does cross examination always take place at this type of hearing?
Will I ask my ex the questions?
Is there such a thing as too many questions?
Can I take evidence with me in case he denies something that is true?
What do I say when I'm at the end and haven't got any more questions?

[Collaborate]

1. Usually, but it depends on how much time has been allocated and whether there are disputed facts.
   
2. Yes
   
3. Yes - keep them relevant - so challenge evidence you disagree with, and put your case to the person you're cross examining.
   
4. You should disclose all your evidence well in advance of the hearing. A judge is likely not to allow you to produce evidence out of a hat at the hearing.
   
5. Tell the judge you have no more questions and sit down (if you're standing).

[bespawler]

@Collaborate Thank you for your help. I'm not sure what questions to ask because so much of his case is based on lies. And while some of it isn't relevant, it sort of is because it's stuff that's designed to make him seem more child focused. An example is he's said that he works in a nursery when he's actually unemployed. Should I include things like that?

The thing with the evidence is that he will have forgotten that I have proof of some of these things so if he knows about it in advance he'll have time to get his head together with his solicitor and come up with something to cover it up. It's a minefield!

Can he refuse to answer anything?

[Collaborate]

If you fail to challenge anything in cross examination the judge is entitled to assume that you accept his evidence. The judge will rule whether a question is relevant or not. If irrelevant he won't be required to answer it.

If he has set out his lies in a statement there is no need to ambush him at the hearing. Seriously - send him today all the evidence you intend to rely on. The judge may adjourn the case to give him time to prepare, and make a wasted costs order against you.

[Tamatave2000]

To OP

Brave move to Self Represent, but if unable to afford representation no choice. Good luck.

In my case Ex as applicant had to prepare and submit a document bundle to the court and myself at least 14 days before the Final Hearing.

If your ex can afford a solicitor can he not help towards your costs? I paid for my Ex's legal costs and it formed part of the settlement. Logic was that if we both had representation things would be solved more quickly and total legal costs would be less.

[bespawler]

@Collaborate OK. Last questions I think! The issues in this case are domestic abuse towards me witness by our child, previous medical neglect and a lack of understanding of basic needs. All of which he denies. So can I provide evidence such as photos of bruising, screenshots of threatening messages and messages where he has admitted the neglect? And how do I submit any evidence?

[bespawler]

@Tamatave2000 No chance of that. We're in this situation due to domestic abuse and child neglect so not very amicable. I've been doing well self-representing up to now I'm just panicking about this last bit!

[BubbleAndSquark]

Try not to get intimidated by the idea of court or the solicitor. Lots of people self represent and will be the same as you with being unsure what to expect so judges are used to it.
They are focused on what is best for the child not who is better at arguing. Just stick to the facts, keep calm regardless of what he says and make sure you submit any evidence you are planning to use beforehand.
If he says something unexpected which you need evidence to prove untrue then offer to provide this.
Are you hoping for supervised access initially?

[Collaborate]

You can use all of that as evidence. Either attach it to your statement or, if you've already filed that, send it to the other side immediately.

[Tamatave2000]

To OP

Sorry to hear about the abuse and child neglect. Maybe this type of case opens the door for legal aid? Have you taken advice from a solicitor? Some give a free 30 minutes consultation.

Good luck