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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 9049
Experience:  Barrister at law
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FAO JeremyT1020. Jeremy, thanks for getting back to me. Just

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FAO JeremyT1020.Hi Jeremy, thanks for getting back to me.Just a little history that may be perintent:FHDRA already completed with magistrates.DRA now scheduled with District Judge.At DRA I intend to present my case with mention of proof I want to show.At final (or fact finding) hearing, not sure which if any will occure next I want to cross examine several witnesses including my mother (whom I believe has been instrumental in alienation) (yep, complicated story that one).My ex partners best friend (who has warned me about her ex's partner being manipulative and has witnessed alienating behaviours).Potentially the new partner.A friend of the family who is a senoir mental health nurse who was under the impression that I have been diagnosed with severe bipolar disorder (as ex parnter badmouths me to anyone and everyone).Possibly the Cafcass officer.And maybe a character witness (not sure how this works)How and when do I call these witnesses?

Hello and thank you for contacting JustAnswer.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create a lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Can you tell me - have any of these people already provided statements of evidence within the proceedings?

If they have not, are they likely to?

The reason I ask is that you can't just summon anyone to the stand, only witnesses that have provided statements (and the court has to agree to them doing so in the first place) can be called to give evidence and/ or be cross examined.

Character witnesses would not be required for live evidence.

Normally, it is only the parents, any experts that have provided evidence to the court and the Cafcass officer that can be called.

Witnesses would be agreed at the DRA if there is going to be a final hearing.

I hope that this is of use?

Customer: replied 13 days ago.
As far as I am aware none of them have provided a statements of evidence. But my mother did send a letter to the cafcass officer (contents of which I do not know). Not sure if this can be classed as a statement of evidence. Perhaps if I request to see the letter by way of c2 form it could be classed as such? other than that the only people I may be able to get a statement of evidence from is the family friend and ex's best friend. if so would I need to lodge these statements before the DRA?

You would need to ask the courts permission at the DRA to file these statements and then call the writers of the statements as witnesses thereafter.

The court is going to be reluctant though, as this will have an impact on the timescale of the hearing and their evidence is obviously not going to be unbiased.

There may need to be a further DRA after the statements are filed for the court to assess the necessity of them being called or not.

As I said earlier, it's pretty rarer for secondary non professional witnesses to be involved in a private law family dispute.

As to the letter sent, I doubt the court would order its disclosure. But if the Cafcass report reflects on something your mother said, then you can assume that the contents tally with this.

Can I assist further?

Customer: replied 13 days ago.
Ok, thanks, ***** ***** the best policy is to abandon this line of defence and focus entirely upon the proof and evidence I already hold. Thanks for your help :-)

Always happy to help. Yes the approach you suggested sounds entirely sensible.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!

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