Witnesses - need to witness and not repeat hearsay

Witnesses and witness statements. Are they worth it?

Witnesses need to have first hand experience of what they're talking about - not hearsayWitnesses: My friends have written me witness statements I want to show the court

It’s a phrase we often hear at just about any point in a court hearing when discussing witnesses. And it’s entirely understandable. You are hurt, angry and worn down by accusations you know aren’t true. Statements and letters from your ex partner’s solicitor list words and actions you know have no basis in truth.

A witness statement defending your good character can only help, yes?

Like we say…we’re not going to blame you for wanting to do this.

But.

It won’t you do you any good either

Think about it.

You have a chance to show the court documents that help even things out a little. To show you are well liked, decent, fair and a good parent and/or partner.

You’re not going to submit something that doesn’t say this though are you? You’re going to select something that backs up your position. And your closest family members will only ever write something nice in the first place won’t they?

The court won’t object to you submitting these statements of course. But it may well not pay them too much attention too.

There’s something worth reminding anyone who says they will write you a statement of something important too: They’ll need to be available to go to court to be examined on what they’ve written. By the judge. Or the other side’s solicitor/barrister.

You’d be surprised how many people change their mind when you do this. Many people suddenly realise they `don’t want to get involved’.

So are witness statements a waste of time?

The answer is black and white: No.

Witnesses can make a huge difference. We’ve known them to swing cases.

Here are a few things that make a good witness. You need someone who:

  • Isn’t an `interested party’. So no friends. No family members. Someone who is seen as neutral and `respectable’ by the court. The best witness we ever saw was the vicar of the church both parties attended. You get the picture.
  • Is prepared to wait around all day and then called into court to be cross-examined by someone who does it for a living and can ask some very tricky questions.
  • Actually saw stuff that is relevant to the case. Not someone who heard from you or someone else. Not someone who will say he/she has always been an awful person.

Should I use witnesses?

The truth is that in many circumstances there are few (if any) decent witnesses who are going to enhance the strength of a case. At best many witnesses add nothing and at worst muddy the waters and cause focus to be lost.

That’s not to say a good witness isn’t worth their weight in gold – they can be invaluable. But like many other aspects of handling your own case it is all about judgement.

Don’t sweat this, but keep your eye on the ball.

NB – there are another kind of witness you’ll find in court. Single joint experts – appointed by the court, but we’ll speak about them another time.

Live, Thrive and Survive in the Family Courts

The Family Courts: Whether you go to a hearing alone, use a Family Law Assistance McKenzie Friend or a solicitor or barrister being a litigant in the family court can be hard. That’s not surprising – because what happens will likely affect your life in a material way.

It’ll be about whether your children live with you or see you. Whether you stay in your home – or have enough money to buy somewhere else. Dealing with the fall out of the end of a marriage or relationship. For many people it’s all of these things, at the same time.

You’re likely tired, wounded, stressed and unable to see a future you’ll enjoy.

You need to be clear about what you want, how to ask for it and how to make sure you are resilient, focused and determined to ensure the outcome you desire has the greatest chance of success. And how to deal with the aftermath so the past remains in the past and you move forward to a happier and more prosperous future.

A fresh start

Which is where our workshop comes in. Between us we have around 30 years of legal experience But over the years we’ve also given strategies to hundreds of people to allow them to deal with their situation by reframing the challenges they face, by focusing on their goals and by showing them to deal with the challenges they face.

And this side of our work has provided a lot of help – many of our clients saying things like `I’m able to sleep for the first time in months!’

So after much work (and training to further enhance our skills in this area) we’re now ready to offer these skills to anyone facing a court case.

Join us!

Michaela and Steven Wade - McKenzie Friends working in the Family CourtsOn Saturday, 13th October 2018 we’ll be running our workshop in Newport, South Wales. Our special Early Bird price is just £79 and £99 after they’re gone. And when they’re gone, they’re gone!

Among others we’ll be covering:

Tickets are on sale now here.

See you there!

Allegations don'tmakethingsharderforyourself.

Avoiding allegations in the Family Court

Allegations: If you have nothing to hide, you have nothing to worry about?

We’ve discussed allegations before. But they are a big part of the process in the Family Court so they are worth re-examining.

Allegations - don't make things harder for yourself.You’re not perfect and nor is anyone else. However if you are in the Family Court it is likely you will face allegations. Not even the man or lady behind the big desk is without fault – but they aren’t a party to proceedings. You are just an average man or woman doing their best albeit facing the slings and arrows of outrageous fortune. You’ve made mistakes as you are only human.

It’s a sad truth that any mistakes you have made (and often are) magnified, illuminated and explored when it comes to Family Law proceedings.

There’s a sad inevitability here.

The court considers the best interests of the child. The court has to consider any factor that would affect this – including the behaviour and words of any party involved in the case. And considering these factors takes time and requires examination.

Avoid having to deal with unnecessary allegations

Allegations - mud slinging?It’s worth remembering too that there is seldom any sanction for making an allegation – but much to gain (if gain’ means the court making an order you like). Even if they turn out to be false. As the old saying goes `If you sling enough mud some may stick’.

As always, we’re big on personal responsibility here at Family Law Assistance Towers. Which means your ex is responsible for what he/she does or says. In the same way you are.

So in a nut shell: Don’t give the other party ammunition. You will likely have enough to deal with without making it harder for yourself.

The court won’t accept any extenuating circumstances for poor behaviour on your part. Reasons that won’t be accepted include:

  • He/she provoked you.
  • You were upset.
  • The ex needed to be shown what it felt like to be on the receiving end for once.
  • It was the drink/drugs.
  • You had no choice.

How to avoid allegations

Not sure what to do in any given situation? Easy. Avoid any unnecessary communication with the other party. Ask yourself at every turn `How would this look in court?’. Is this child-focused (if it’s a child matter)?

It’s as simple as that.

You cannot stop allegations being made against you. You don’t need to prove they didn’t happen. But you can control how you react.