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Questions about video evidence and interim orders

video evidence, abuse allegations, interim orders

Hello everyone,

I am new to this site and for the sake of anonymity will only post the shortest of details here but I am hoping some of you will be able to help me with some questions I have about interim orders/ hearings.

Just a very brief background to the case: my partner and I are SRLs, the other party is represented by a lawyer. A hearing for interim orders is due to be held next week. On Friday night when we got home from work we received the other party's affidavit in the post and we discovered that the other party is claiming that the child has been abused by my partner (the child's father).

We feel that we have enough documented evidence to disprove this (I will not go into exactly what we have just because I wish to remain as anonymous as possible in case the other party is also on this site).

We also have many photographs and videos of the child and father interacting happily.

As I am not a legal professional and this is the first time I will be attending an interim hearing, I have a couple of questions that I am hoping some of you will be able to help me out with:

1. What kind of things happen in the interim orders hearing? Is there where we get a chance to disprove the allegations of abuse?
2. Have any of you been wrongly accused of abuse and, if so, how did you handle it/ what evidence did the judge accept as proof that you were innocent?
3. Most importantly - how do we present video evidence to the judge? Do we take in our laptop to be able to show him/ her?

Thank you, hopefully I wasn't too long or rambling! I just want to be as prepared as possible!
 
Lucy2015 said
1. What kind of things happen in the interim orders hearing? Is there where we get a chance to disprove the allegations of abuse?
You should have answered the allegations in your response.
Lucy2015 said
2. Have any of you been wrongly accused of abuse and, if so, how did you handle it/ what evidence did the judge accept as proof that you were innocent?
Yes, probably most of us.. I know one thing for sure.. pictures mean NOTHING. Careful rebuttal with plans for the future and many other factors depending on all of your variables
Lucy2015 said
3. Most importantly - how do we present video evidence to the judge? Do we take in our laptop to be able to show him/ her?
WTF are you going into court with a laptop and video for? What are the videos? how could they possible prove anything? Forget that idea unless its a video of the other side saying "i made this all up"

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Interim hearings are usually held to make decisions in the short term about urgent matters that cannot wait until a final hearing.

They are usually scheduled to have a maximum time limit of 2 hours, and as such the court does not have sufficient time for full exploration of the evidence. The court cannot make findings of fact at an interim hearing, and therefore any decisions made will usually be based on the agreed facts only.

The disputed facts will need to be determined at a final hearing.

Evidence is presented in the form of affidavits only, therefore you should have presented your response to  address each claim from the other side in your affidavit. Submissions from both sides may also be made.

The court will consider the care arrangements as they existed prior to the separation, the current circumstances of both parties and the child, as well as the respective proposals for the future.

The main consideration for the court is the 'best interests of the child' principle, (s 60CC), in addition to whether the presumption of equal shared parental responsibility applies.

As The Wolf has said, forget videos etc, rather concentrate on putting forward a sensible workable proposal that is in the best interest of the child.

The court may order a Family Report be conducted, to assess the child's relationship with both parents, with a the report to be considered at the final hearing.

Secretary SPCA said
I have made a minor addition to say that …Evidence is presented in the form of affidavits only… Because these sorts of hearings are almost in the main dealt with on the papers.There may be some questions from the Judicial Officer directly to you if you are Self Represented but if the other side has representation they will run the matter.IF the other side is represented they will be unlikely to speak at all. It does happen sometimes that a Judge will speak directly to a represented party but rare….

The take home message from these threads is that YOU MUST address everything in proper affidavit form and there are hundreds of posts on here that tell you how to prepare those. Forget all about video in this hearing unless there is some major problem. You will have to seek leave to show video anyway and both sides will have to have copies before it gets up. You might want to get some photographs attached to the affidavit but they need to be say 4 to an A4 page, in colour and visually readable and not a third or fourth photocopy. You will need to make any photos available to the other side on DVD media if requested to get access to the data set held with the photo if they are from digital copy.

I would focus on the affidavit at this stage and not worry about video or photos unless it is critical. The final hearing is where you can get into this material
 

Last edit: by Secretary SPCA


A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
kathg said
They are usually scheduled to have a maximum time limit of 2 hours, and as such the court does not have sufficient time for full exploration of the evidence.
The way things are at the moment you will be lucky to get 20 minutes and you might well  be nudged to working something out outside whilst the matter is stood down. Know what you want, and what you want to negotiate because chances are that is what you will have to do.

Could be wrong but i'm getting the impression these videos might be for pointing out that in fact the child/ren have a relationship that is not as described in an application by someone else

These videos or pictures are not evidence as such and almost never, even if you somehow got the chance to show it (by some stroke of luck cos its not the norm) ,  would never become valid evidence as in reality it is only a snapshot in time.

A lot of time spent is NOT videoed and anything can happen off camera

 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
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