The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). As with all trials, it is the plaintiff’s burden to prove that a final restraining order should be issued. Whilst legal advisers of course have to be aware of their inability to ‘coach’ their clients, in cases where the other party (the victim) is represented, having sight of the LiP’s cross-examination questions in advance of the hearing can benefit their (and their representative’s) preparation. The cost to set up to the system of sourcing and appointing legal representatives and the cost of administration has not yet been quantified. HM Government, Transforming the Response to Domestic Abuse: Consultation Response and Draft Bill, January 2019, HM Government, Home Office and Ministry of Justice, Draft Domestic Abuse Bill: overarching documents, Policy equality statement, 21 January 2019, HM Government, Home Office, Draft Domestic Abuse Bill: overarching documents, Impact Assessment, 21 January 2019, Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), PS v BP [2018] EWHC 1987 (Fam) (27 July 2018). A GUIDE TO PRESENTING YOUR CASE TO THE FAMILY COURT . A detailed analysis of this case appeared in the legal publication, LexisNexis. Final hearings generally take place at court over several days (some over several weeks). Told them he was applying for more overnights. He has also neglected our LO and denies that too. He has been having interim contact supervised by me. Vocational Expert Cross-Examination By David F. Chermol, Esquire & Karl Osterhout, Esquire The focus of this presentation will be to go over some very specific questions that you can ask a VE nearly verbatim in order to help win your case or build in appeal issues. Cross-examination: forget and ignore absolutely everything you have seen on TV... Presenting your case is telling the Judge a narrative. This is based on legal representatives being appointed in approximately 11,000 family proceedings annually (an estimate based on potential volumes, using family court statistics and qualitative research from Judges not including the Family Division of the High Court) and the current final hearing legal aid fee paid to legal representatives in the relevant family proceedings. In any situation when the LiP put forward their questions and/or the Judge/court clerk has chosen to question the other party themselves there is the intrinsic difficulty of how far a Judge can assist the LiP. The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). If the judge only contains his required information based on needs and all financial related issues, what form does the cross examination take? Mr Justice Hayden in Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam) echoed in PS v BP [2018] EWHC 1987 (Fam) (27 July 2018) expressed his view of the system: “60. Have the right evidence in the bundle it does help. Consider it a test run to determine whether your plan is going to work. This may in part explain why some organisations and stakeholders are saying that the draft Bill does not go far enough to resolve the issues facing domestic violence victims in the family justice system. Kara Swift is an associate at Family Law in Partnership. This article first appeared in Solicitors Journal and is reproduced by kind permission. This would arguably limit the amount of time the other party has to prepare for cross-examination and again, if they were represented, would be produced at the same time as the other party’s representative’s note setting out their case. Unfortunately not sure about that Judge has said no cross examination and listed for only half a day.
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