first hearing tomorrow - false statements in respondent affidavit

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malcolm_smith

Well-Known Member
9 June 2018
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2
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Hi,

I only received the respondents affidavit on Thursday, two days late.

Within there are false claims and an error on her behalf re a medical appointment she claims she attended; however, she didn't and I can demonstrate that. How / when do I address that to have it struck out? Also false statements about me denigrating her new partner and comments about things that happened whilst the children in my care. Stuff that she says the children said. I'm of the view that she interrogates them when they return to her, and regarding this particular topic she badgered them until they eventually said what she wanted to hear.
 

miguel

Well-Known Member
30 May 2018
98
8
314
Hello

I'm in the same boat. I'm not as experienced as others here. But since I'm here and they are not I'll respond with what I've discovered so far;

You won't get a chance to respond before the first hearing. If things go well you won't need to respond because you will work it all out tomorrow and get on with life.

But if it doesn't work out tomorrow then your response maybe important. Crucially, your response must have the interests of the children first and foremost. You can show that by not getting into he said/she said type arguments. Let her say that stuff. Ignore it, as ignoring it makes you look like the better adult.
 

Rod

Lawyer
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27 May 2014
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I'd be replying to the new material and disagreeing with it where necessary. Don't write much, even a simple deny is sufficient, or answer not true and want ex to prove it, IF it is important and has the potential to affect your final orders

As miguel said you do not want to show the judge you can't co-parent so be careful and only take issue with the parts of her affidavit that have the potential to interfere with the orders you want..
 

malcolm_smith

Well-Known Member
9 June 2018
34
2
124
you've lost me there. do I need to put in a written response to her affidavit? I'm the applicant.
 

miguel

Well-Known Member
30 May 2018
98
8
314
Not yet.

You get further opportunities to introduce evidence in the form of affidavits if the case proceeds.
 

Rod

Lawyer
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27 May 2014
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I disagree. You, as applicant should reply.
 

miguel

Well-Known Member
30 May 2018
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8
314
I disagree. You, as applicant should reply.

I had the view you don't get a chance prior to the first hearing. At what stage does the applicant reply, and what form should the response be in?
 

Rod

Lawyer
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27 May 2014
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Applicant applies.
Respondent responds to applicant.
Applicant can only reply to material in the response, not raise new material.

I've assumed this is for a FCC and the OP has said this is the 'first' hearing. I'm unclear if it is just a directions hearing, in which case there's no panic, or an interim hearing where interim orders will be sought, in which case get a reply in ASAP (eg tonight).