Any Advice on Cross-Examination?
I have my case coming up – this is the 2nd PO order and custody in 10 years – it never gets any easier.
Here are my questions:
1) The Social worker report (s132) – she has just re-iterated much of what the ex has already said, but then says things like the childrens’ answers “did not–appear to be coached or rehearsed.? Has she any qualification to say this?
2) The lawyer for Child – again pretty much asks questions based on what he has heard in the court and states same sort of thing – same question as above really?
3) Am I able to cross-examine LFC?
4) Am I allowed to just ask pages of closed questions requiring yes / no answers?
5) Can I ask that my McKenzie friend puts the questions to my ex on my behalf?
6) I understand that I am only allowed to examine my own witness of info they have already submitted, is that correct?
Thanks in anticipation?
Okay Martin
First the s133 report for the court is written by a child psychologist, not a social worker. She can say what she likes mate, sorry but try NOT to piss her off, okay no matter what!
Do you have a copy of this report or have you read it whilst being observed by a family court appointed person? Lawyer 4 Child perhaps. That’s L4C
Have you meet this person whilst you have had the child/children in your care?
If you self represent, then of course you can cross examine, so make sure you ask specific questions, write them down before going to court.
You can ask as many questions of your ex as you like, THEY must be directed to the Judge
“Judge, I wish to ascertain if the questions of Miss xxxx are the same as those asked of me by the Child psychologist” as an example.
Forget the Mackenzie friend you won’t need them, unless you have assaulted or threatened your ex partner, then you need a lawyer.
Have you submitted a list of witnesses? How many?
6. Incorrect, you are allowed to question her witnesses by law, it’s a fundamental right or if a lawyer is required then you direct that he/she ask them for you.
If you need help you need to be providing more information to ascertain your situation OR it’s blowing smoke.
You are to vague to help at the moment, you need to provide more information. I can help but turn the light on please.
Remember the L4C isn’t there for you but your kids so how many you got and what age? When and where, were they interviewed. Did they interview at your home and then at the home of your ex partner?
What is the P.O. based on physical or emotional harm or just the usual, I want one because she can?
I am on my 4th and will be the last time, so I know what I am talking about.
Who is the Lawyer for Child?
Who is the Child Psychologist?
Tell me what you are seeking 50/50? and who is your judge, I may know a lot more about these rascals and can give Suggestions.
yOUR TURN.
Comment by Buster — Sat 3rd June 2017 @ 5:57 pm
Hi Buster,
1) Sorry I meant s132.
2) I have a copy of the report.
3)No children were not in my care during interview.
4)Witnesses are social worker and my current partner, whom I didn’t call – called by other party.
5) 3 kids 15,13 &11.
6) PO based on me hitting my 14 yo but she has added in a lot od stuff that has happened to her, which I didn’t do – no evidence, just “I think it must be him, or we think it’s him”.
7) LFC – David Milliken
8) No Psychologist just CYFS SW.
9) I had 50/50 before hand. Biggest issue is that 2 oldest have been alienated now and don’t want to see me. Youngest (girl) does but in “her” words – “only with supervisor”.
Hope that helps.
Comment by martin — Sat 3rd June 2017 @ 10:24 pm
Big Time Martin! You got balls mate! I admire your honesty.
We all make mistakes, your on the road to redemption and getting your kids back.
s132 Okay not sure how that is gonna work as little info available from searching.
no matter, whatever you do just tell your kids you love them and don’t worry about alienation that will go against her.
You had 50/50, good it means you have history.
I am not going to ask how serious the assault was but if you need help then I recommend Arron at
Shine in Auckland on New North Road. Ring and ask for help. It will be a big help to show that you are ACKNOWLEDGING a mistake.
I am there now, I am doing it because a fuckwit Judge BURNS ordered it. He is now not allowed to adjudicate over my custody case as said I psychologically abused my son. Is in a power of shit now so I can deal with that fagot latter.
Try if you can stay away from Bernados Supervised care ITS a rat trap , demoralizing and a huge waste of money for you. I have heard many bad stories on that issue.
How to win them back?
Well, I think positive time spent with the young one. DO NOT lavish her with gifts or clothes, KISS – keep it simple stupid. The mother will turn that around on you.
Be very inclusive with all of you and your youngest will remember what she wants. Ask about her siblings and never be suggestive if they have negative thoughts about you just say that you love them and miss them.
To be clear — Never have I assaulted my ex and or child, I am doing it to appease the next Judge and I can show that I am a willing participant. Its called playing the game.
Stay positive and as you are in a relationship that helps in terms of stability.
What current contact do you have with your kids please any?
Are you self represented?
I recommend you are, Why? Because all of your children can speak for themselves which is paramount that you stay in contact no matter what.Unless of course you have been stopped, could you clarify please.
Do NOT give up. Lets see what round 2 can do for you. That took courage to cough that info up Martin, you gonna need support. DO NOT PAY A LAWYER, there is plenty of veterans here to HELP.
We may not all agree with what is offered but advice is free Lawyers are not.
I am very aggressive on fathers rights, I have got back my 50/50 last month and a P.O in the bin.
Chat soon , oh and by the way that women ( your partner), make sure you put back some emotional gratitude as she is just as important. Time is Money, spend heaps on her.
Comment by Buster — Sun 4th June 2017 @ 9:32 am