Welcome! Log In Create A New Profile

Advanced

Final FDR Evidence

Posted by spartacus 
Final FDR Evidence
September 19, 2023 09:05PM
My (2nd) Final FDR Hearing is in 9 days.

I (think) I have asked this question before, but not sure I worded it correctly.

My wife has provided evidence in the form of photographs, which display bruises upon her person. She is alleging that I am the cause of these. However there is nothing in the photographs to suggest this as fact.

I have submitted evidence in the form of videos showing my wife entering my workspace, and physically assaulting me, verbally harassing me, and removing my belongings required to conduct my work.

Normally, I would accept that evidence of abuse in either direction is not relevant to a needs based argument at any stage of the FDR. However I have submitted my evidence with the intention of demonstrating that my wife purposefully prevented me from completing my work, and caused the loss of employment on several occasions. Her actions have had a direct impact upon my earning capacity, and I feel it would be unreasonable for the court not to take these actions into account.

However, my wife's submission of evidence includes no such justification for its inclusion. The photographs do not show me at any point, and do not provide evidence that I prvented her from working. What they may do however, is "sour" a judges opinion of me, should the judge accept my wife's claim that I am the cause. She is very dramatic and can be quite convincing.

Can I object to the inclusion of tis evidence which does not bear relevance to the argument?
Re: Final FDR Evidence
September 20, 2023 10:00AM
A judge will give short shrift to any evidence which is irrelevant to the issues before the court - whether that is put forward by your wife or by you. Judges will tend to be polite but they are invariably firm on telling any party if in the court's view such and such evidence is irrelevant.
Re: Final FDR Evidence
September 20, 2023 11:05AM
David Terry Wrote:
-------------------------------------------------------
> A judge will give short shrift to any evidence
> which is irrelevant to the issues before the court
> - whether that is put forward by your wife or by
> you. Judges will tend to be polite but they are
> invariably firm on telling any party if in the
> court's view such and such evidence is irrelevant.

So...are you basically saying just to wait for the hearing and what? object when they present the evidence in court? or let the judge hear and see the evidence and question its validity in the argument at that stage? I just need to know if there is any action i can take before the hearing.
Re: Final FDR Evidence
September 20, 2023 02:30PM
Without seeing all the paperwork and seeing the context of that paperwork I don't think anyone can advise you step by step. One can only make general observations.
Sorry, only registered users may post in this forum.

Click here to login