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I got royally tucked up at the nmo and oo hearing and I

Hi Thomas, I got royally...
Hi Thomas, I got royally tucked up at the nmo and oo hearing and I don’t want the same thing to happen at this hearing. My wife lies and grossly exaggerates and I can prove it with the exhibits video evidence and transcripts. Please tell me all the proactive steps I need to take to not be left in the same exposed state.
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Answered in 2 minutes by:
3/23/2018
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,534
Experience: Award winning lawyer with over 15 years experience
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You still need to sort the appeal. Again this is key for everything else. That said if you have a shopping list of things which you want the court to consider then you should be making an application for these things now.

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Customer reply replied 1 month ago
The appeal is currently being reviewed by a circuit judge. So I need to
Customer reply replied 1 month ago
Know, what are the things I can do now ?

Well you want the court to see the evidence which you have for contact. As such you need to show these to the court.

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Customer reply replied 1 month ago
What does that mean ? I want the court to see that the children refute what she has alleged , and I want to get a load of admissions from my ex-wife before the hearing, how do I do that ?

That is really the purpose of the NYAS caseworker. I would also suggest that you read the case of Re W [2010] UKSC 12which may well help.

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Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,534
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 1 month ago
Okay, read that. Can I seek an application that certain questions are put to our children in a video recording ? There is no harm to the children as I already know what the answers are. They have not been endangered in any way. I have never touched them inappropriately sexually or otherwise. I have never exposed them to pornography, I have never exposed them to Islamic Beheading websites, I have never hit them etc.Can I make an application to the Judge that these questions are put to the children by the NYAS care worker ?
Customer reply replied 1 month ago
Failing that, on reading the case my fall back position is to question my eldest daughter who is thirteen via a video link

You can apply for them to give evidence to the court. You can make the application that this happens in court. The court will not force the NYAS case worker to ask specific questions of the children.

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Customer reply replied 1 month ago
Is there every a case where you can get an admission about certain things before you attend the hearing ?
Customer reply replied 1 month ago
Is there nothing else I can do ?

The court would want to know whether to trust the evidence. If you have a letter where they set out the truth then the court may rely on that and they could potentially provide such a letter to the NYAS caseworker. Please rate positive.

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Customer reply replied 30 days ago
Please explain, my wife has claimed the following;1)I have exposed my daughters to pornography
2) I have exposed my daughters to Islamic beheading websites
3) that I am angry
4)that I am violent
5) that they are at the risk of abduction
6)that I have been in a drunken stupor whilst they were in my care
Etc,My daughters will deny all of these, other than I have got annoyed when they have been late for a pick up.Please Thomas, please tell me what I need to do to get the truth out in readiness for the court hearing ?

In many ways I would suggest that you ask the Nyas caseworker if she would raise these issues with your daughters. Other than seeking that they give evidence this is the best option.

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Customer reply replied 30 days ago
But why can’t I ask the court to specifically get the NYAS Guardian to either admit or deny them ?

Because it is a matter for the NYAS caseworker to decide if they consider that such an act is appropriate and in any event if they did it does not follow that they are telling the truth.

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Customer reply replied 30 days ago
Who is telling the truth ?
Customer reply replied 30 days ago
My daughters or the NYAS Representative ?

The children.

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Customer reply replied 30 days ago
Why would they believe my wife over my children ?
Customer reply replied 30 days ago
My children do not have an ulterior motive

It always comes down as you now know to who the court actually believes having heard all of the evidence and considering the matter on the balance of probabilities. Please remember to rate with 5 stars

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Customer reply replied 30 days ago
is there an admissions section in FPR ?

No there is not. If there was I would refer you to it. But in fact finding hearings sometimes parties just admit to what they have done voluntarily.

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Customer reply replied 30 days ago
Well my wife didn’t, she lied
Customer reply replied 30 days ago
What else can I do other than the barrister ?

Put together any uncontroversial evidence which shows that she is lying.

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Customer reply replied 29 days ago
Why uncontroversial ? Her allegations are controversial !
Customer reply replied 29 days ago
Why can’t I use FPR in relation to disclosure 2.3 and request further information when there is any matter in dispute ?
Customer reply replied 29 days ago
Of 21A

I think this is answered elsewhere now

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Customer reply replied 29 days ago
but do I have to how the evidence in the C2 application or can I do it at the hearing with a position statement ?

In the C2 application or a position statement - both would apply

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Thomas Judge
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