Witness Statement

I have no idea how to feel about this or how to progress.

Our final hearing is scheduled for Thursday and Friday this week.

Throughout this 3 year ordeal, I have developed a drug addiction, which I have addressed. When. my son came home from university, he produced a small quantity of an illegal substance, which he shared with me.

Today I have received a witness statement on behalf of my wife. Once again this does not enter into financial matters, however discusses my relationship with my son, and accusations of drug use, but not admission that he supplied it to me.

During the summer my son stated alone, on our FMH. There was no internet, and therefore I loaned him a spare mobile phone with an unlimited data sim for his use. In the witness statement received today, he includes photographs of the screen from my phone, with past messages between myself snd a third party discussing supply of an illegal substance. This is my personal phone and was loaned to him for the sole use of connecting via wifi hotspot. Unfortunately, without thinking, I gave him the password

I wouldn't have expected the court to entertain any matters not directly relating to a financial settlement. However, I have also just received an approved court order, that...

1. the bundle size can exceed 500 pages (I was told yesterday this application needed to be on notice)
2. my sons witness statement can be admitted as evidence.
3. my son can be cross examined via remote link.

For starters I don't have time to digest this new information and prepare a case and cross examination. I also would have thought this would not be of any relevance and refused by the court?

My whole impression to keep to the financial facts has just been destroyed?

...Correction; the court order forwarded is a draft. I have emailed the court with my concerns. TBH, I think they knew I would and did this to further prolong the case.

David? Thoughts?



Edited 1 time(s). Last edit at 09/26/2023 03:57PM by spartacus.

I await a response from the court. I am really hoping they don't simply approve this.

A lot of the information in my sons statement, is conjecture, hearsay, or simply untrue.

My wife entered MY private bedroom on one occasion while I was unclothed and in bed. She proceeded to attack me, and I was able to get my legs between us and push her off. The result being that she hit her head on the wall. Hearing the bang our children entered my room, the police were called, and I was removed. Later no further action.

However in my son's witness statement he claims this occurred in our joint bedroom. Its an important fact.

The rest of his statement is just accusing me of having an affair, and accusations, insults, and allegations therein. I definitely need time to review this document, if it is deemed admissible.

I am still aghast at my son providing such a document. I drove 1000kms to collect an emergency passport when he lost his on holiday early this year. I drove nearly the same distance to pick him up from uni in June when he was about to be kicked out of residence, and I drove him back earlier this month helping him move into his new house, and deal with any issues. When the house didn't have a microwave, he did within a few hours....and he stabs me in the back, and its not even relevant to the financial argument. wow.

Do not approve their draft order. Tell them they should stick to the size of bundle directed by the court and you do not agree to the inclusion of irrelevant matter which is what relating to your son is. Under no circumstances should you approve their draft. You can and should object at the hearing if they attempt to exceed the bundle size and/or introduce irrelevant evidence.

David Terry Wrote:
-------------------------------------------------------
> Do not approve their draft order. Tell them they
> should stick to the size of bundle directed by the
> court and you do not agree to the inclusion of
> irrelevant matter which is what relating to your
> son is. Under no circumstances should you approve
> their draft. You can and should object at the
> hearing if they attempt to exceed the bundle size
> and/or introduce irrelevant evidence.

Thank you. I'm kind of hoping it gets put forward for a directions hearing. I'm so sick of this and need it over...but I now realise I need to get a barrister for the actual hearing. Beg or borrow...if I can buy a little time, I will.