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Received the response Affidavit, what now?

Second mention adjourned until Monday

I received the response in the post (just an unfiled document with no signatures etc). Are there penalties for false statements in affidavits, if so how do I go about this? The response is full of false statements that I can prove are false. Nonetheless, when I go in the courtroom for a third time, do I object to the respondent's affidavit or part thereof? I know I'm getting to the business end where interim orders will be heard and made.O_o

I have made points against each paragraph I plan to object to. In light of what is in the response, at the very least, a family report is needed and also the child's wishes. How does this happen, does the child write something and hand it in to the court, is the child's statement open to cross examination?:wub:O_o

Interim Hearings and Response

Interim hearings are conducted in a curtailed or abbreviated hearing based on Affidavits only, so simply saying that her Affidavit contents are false will not cut it. At Interim hearings it is rare for findings of falsity to be accepted by the FM or Judge, unless clearly proven by verifiable independent evidenced produced under Subpoena from trusted sources or as unearthed by a Child Representative or Family Report Author.

So, the answer to your question is prepare your Affidavits well, issue Subpoena and serve then in good time for the recipients to respond with the supply of documents to the Court for the hearing. The ICL or family report can be applied for, but will delay a hearing. If the evidence is good enough, do you need one for the interim? As they can cause delays awaiting the appointments.

Consult a lawyer. It's a reasonable cost for what's at stake.



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