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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 568
Experience:  LLB, BPTC
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I have a deadline today by 4pm to prepare written statement

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Hi, I have a deadline today by 4pm to prepare written statement with questions to Scott schedule allegations, one question to each allegation. I need help with that please ASAP. Happy to send the Scott schedule and recent court order. Regards, ***** *****

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

If you are simply ordered to respond to the Scott Schedule then all you have to do is to go through each one and state accepted or denied. You can add a sentence or two of explanation but keep it very short and to the brief. You will have the chance to give a longer explanation in your witness statement.

Your witness statement is a separate document. You will need to set out a header (copy what is at the top of the scott schedule) then type out in numbered paragraphs what you want to say. At the end you need to put the phrase "I believe the contents of this witness statement to be true" and then sign and date underneath.

I hope this assists.

Customer: replied 12 days ago.
Hello, thank you for your response, I was advised by Judge to prepare 10 questions to each allegation and send to court only. I did write 2 witness statements previously, does that mean i need to write another one only focusing on the allegations from scott schedule? Thank you.

Do you have a copy of the court order?

Are you perhaps being asked to set out questions for cross examination at trial? What is your next hearing and how long it is listed for?

Customer: replied 12 days ago.
I have copy of court order indeed. And regarding scott schedule i responded already to all allegations. We are waiting for the date of fact finding hearing at some point after 22/9.2020

Yes so it sounds like you have been ordered to write questions for cross examination. This because if you are representing yourself then you are not allowed to directly ask questions of the other party. You write the questions you want to be asked of the other party and the judge will ask them for you.

So, just go through their Scott Schedule and their statements and write questions you want to be asked during their evidence. Focus on the parts of the allegations you do not agree with and ask questions which you want answering in order to point out that the person is lying in their evidence.

Customer: replied 12 days ago.
I prepare questions to scott schedule allegations against me not the ones I made against father of children? The hearing is meant to be scheduled for 2 days.

If the hearing is to determine both your allegations and his allegations and there are 2 Scott schedules then you need to write questions relating to both.

Basically anything you want the father to be asked during his evidence you need to write into written questions as you will not be able to ask him the questions directly.

Customer: replied 12 days ago.
10 questions to each allegation from both sides then... Thank you very much. My allegations are mainly focused on safeguarding issues of children and father brings stuff from past before previous order made 2016, I hope all will go well as I have evidence I believe is enough to prove I did not make anything up.

Usually there is not a limit on the number of questions but if the judge has told you that you are limited to 10 on each allegation then yes.

As a general rule, if you are not sure whether to ask a question or not then put it down. If the judge thinks it is inappropriate then the judge will simply amend/ not answer that question. The judge will be understanding of the fact you are not legally represented.

Customer: replied 12 days ago.
Okay, so I could prepare few questions then and he would ask the right one. He did say though to prepare only one per each allegation.

Double check your court order and see what it says. Like I've said, it would be unusual for the judge to limit how many questions you can write. As lawyers we can ask as many questions as we like so it would be unfair to limit you without good reason.

Yes, if there are too many or some are inappropriate then the judge will simply not ask some of them. That is the same thing we do as lawyers, sometimes a client wants us to ask an inappropriate question but we do not ask it because we have a duty to the court to ensure that questioning remains appropriate.

The key thing to remember is that the questions should be designed to help the court determine whether the allegations are true. Generally questions about historic, irrelevant matters are not going to be helpful. Any questions designed just to be intrusive/ to upset the other person should also be avoided. Always think about what you are trying to achieve by asking the question, will it help the judge determine whether the allegation is true or not.

Customer: replied 12 days ago.
Judge clearly said during remote telephone hearing on 17 Sep 2020 to prepare 10questions, 1 per each allegation. But court order doesnt say that.IT IS ORDERED THAT:1. The Applicant and Respondent shall each file a narrative statement dealing only with the allegations set out in their Scotts Schedule, by 4.00pm on 15.09.20202. a) There shall continue to be indirect contact by POST in the form of one communication from the father to each of the children each monthb) The Respondent mother shall send a brief progress report to the father each month3. The Court shall list a Fact-Finding hearing (TE 2 days) on the first open date after 22.09.2020

Well I'm very confused then as the directions do not mention questions at all. Only you know what was said at court but you'll have to just stick with what is said in the order.

That order is only asking you to file a further statement, it is nothing to do with questions. A narrative statement is a witness statement where you set out the narritive of what happened e.g. "on 01.01.20 the fahter did x... ". It specifically sets out that you are to narrate what you say happened in your Scott Schedule. So you are setting out a statement which explains the allegations within your schedule only.

What I said about the judge asking questions on your behalf is only if the judge so orders. If they have not asked you to file questions then you will simply ask the questions yourself on the day.

Aaron D and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
One of the allegations I made was gross neglect by father sending my son to his friend's house weekends without his medication for asthma and his mother sent me email in July which was used as an exibit as evidence attached to my scott schedule, i used a screenshot of email, is that good enough evidence as a witness statement or do i have to ask her to prepare document with the header ?

Yes that will be fine to simply exhibit it to your statement as you received the e-mail yourself.

Customer: replied 12 days ago.
Thanks for help.

No problem. I'm glad I could help you today. If you would like to ask further questions in the future, please start a new page for additional queries. You can always request me by adding "For AaronBarrister." I will be happy to help with further questions on a new page."

Customer: replied 12 days ago.
Will do. Definitely.