Family court: anyone have any experience in preparing a Scott Schedule?

[BigStorm]

I’ve just read online that you have to list everything you can think of.

Does anyone have any experience in this? You know how there are websites or advisory groups for DLA applications and the like, is there anything for this? Sometimes there are obvious clues that you don't remember or see until someone else points it out.

Yes, lots of experience.

Have you also been ordered to file a statement? The statement is where you put all the detail. The idea of the Scott schedule is that it is where you list the specific things on which you actively seek findings. It's more of an art than a science, I would usually put in the allegations I reckon are likely to succeed, eh those where there is some supporting evidence, for instance other witnesses, medical evidence, police records etc. It is harder for a judge to make a finding on a "he said she said" basis. You would also want more serious allegations in

However, SSs are in my view useless where unrepresented parties are trying to do them, and they are rubbish in coercive control cases, because the nature of CC is that it is LOADS and loads of apparently minor things. So if it's a CC case you need to include on the schedule an item that refers to the perpetrators "entire course of conduct".

Judges want schedules limited to (say) 6 items, but as a LIP, if in doubt, make it longer, and expect to see numbers reduced.

It's difficult because some evidence is in voice recordings and other evidence is in psychotherapist notes, but I presumably can't get a copy of that without Ex's consent, so I would imagine that would have to be on judges orders.

There are a few police reports but no action was taken as, for example, hard evidence can be supplied but not within the required 6 month timeframe. So their hands are tied but I still want to submit it to the judge, just... it makes it feel the police reports won't mean much. I hope I'm wrong about that!

There are other things but mostly recordings where he refers to what he's done, or I do, and we discuss it so it's pretty clear that it happened. I just hope a judge would listen to it.

@BigStorm

It's difficult because some evidence is in voice recordings and other evidence is in psychotherapist notes, but I presumably can't get a copy of that without Ex's consent, so I would imagine that would have to be on judges orders.

There are a few police reports but no action was taken as, for example, hard evidence can be supplied but not within the required 6 month timeframe. So their hands are tied but I still want to submit it to the judge, just... it makes it feel the police reports won't mean much. I hope I'm wrong about that!

There are other things but mostly recordings where he refers to what he's done, or I do, and we discuss it so it's pretty clear that it happened. I just hope a judge would listen to it.

It's ok to submit the voice recording or video as a evidence. I did it. Judge will listen all of them. Just make sure you submit all you need in your first submission. After that you may no chance to add supplement evidence. As I didn't know it at the beginning, I have a lot of evidence but can't submit it anymore.

For recordings, you should type up what is said word for word so there is both the recording the judge can listen to, and a written version in the bundle.

Yes the Court will look at police evidence even if NFA.

Getting an order for evidence from his psychotherapist will be trickier. Likely impossible.

It is usually quite possible to get permission for further evidence btw the last Finding of Fact hearing I did we had stuff coming in from both parties right up to the hearing. And that was with both parties represented, so generally a little less leeway given.

@slothsloth owch. That hurts. To have evidence you can no longer submit is an absolute nightmare.

May I ask what stopped you submitting all of it, and did it go okay for you despite this? Please don't answer if it's too painful or private.

@MrsBertBibby

For recordings, you should type up what is said word for word so there is both the recording the judge can listen to, and a written version in the bundle.

Yes the Court will look at police evidence even if NFA.

Getting an order for evidence from his psychotherapist will be trickier. Likely impossible.

It is usually quite possible to get permission for further evidence btw the last Finding of Fact hearing I did we had stuff coming in from both parties right up to the hearing. And that was with both parties represented, so generally a little less leeway given.

Do you get more leeway if you're not represented? If that's the case, should I be paying out all this money? Though, having said that, my solicitor is so good I can't think of doing this without them.

Do you know if the court find it admissible if it were my own psychotherapist's records about what I reported in my therapy sessions about how events were affecting me and what help I needed at the time, etc? Because that wouldn't need exH's permission, it was my private therapy and it our joint couple counselling.

(The therapy—for me personally—goes way before we talked 'divorce' so clearly isn't me being vindictive)

Yes if you can afford a solicitor you absolutely should.

Talk to the therapist about what they can do.

Ah I see MN doesn't like — before and after a word!

Do you mean my own personal therapist or the couple counselling one?

Well both, but the couple one will need his consent. And both may say they can't .

This has been very helpful, thank you.

Decent therapists should stay a mile away from family court. Some take massive risks diagnosing people they have never met. It's very easy to confuse a failing relationship with behaviours that look like abuse especially as domestic abuse is so trendy at the moment.

My ex has loads of conversations with the police which ended up looking like harassment in the end.

I personally don't see the point in going down the domestic abuse route unless something incredibly serious has happened as the chances are you will end up with a standard contact arrangement after causing maximum disruption and trauma to your family unit potentially severing any chance of an amicable co-parenting relationship. I think legal aid solicitors are to blame as they know this but like the hours to keep ticking in whilst stirring the pot of acrimony.

Worst case scenario in some of these situations is that a person looks so malicious they end up becoming a part time parent like my ex.

Maybe your ex is Hannibal Lecter in which case fill your boots but be careful if you don't have any evidence as the tables can turn against you. It's a tired playbook.

The extent of your ignorance is really quite dazzling. Thanks for sharing.

I'm sensing this is a voice of hard experience? Commiserations if so.

My complaints are:
Partner rape
Beating a child and leaving marks
Verbal threads to hit, punch, cause them great misery if they dare to utter another word (usually fair founded words, that are silenced)
Psychological abuse leaving children terrified of the idea of living with him.

[quote BigStorm]@slothsloth owch. That hurts. To have evidence you can no longer submit is an absolute nightmare.

May I ask what stopped you submitting all of it, and did it go okay for you despite this? Please don't answer if it's too painful or private. [/quote]
That's how the legal system runs, otherwise the game never end as each party keep submitting new evidence. This is what I get from the whole process from day 1 to the hearing of finding of fact, nearly 1 year. So think carefully and submit all you got at the beginning (first statement and Scott schedule), you have no second chance unless the further evidence is very critical to your case (another application to court).

Re therapy matter -you can mention it in your statement (instead of Scott schedule) even though you haven't got the report, which can show the judge the whole picture of your case.

Hope this help a little bit.

If you are a litigant in person this excellent charity can help you to prepare the schedule free of charge.

www.supportthroughcourt.org/