Evidence Ambush in familycaught as a successful litigation strategy
I have heard 5 customers of the familycaught complain about evidence ambush in familycaught, when fresh evidence was introduced verbally at a hearing, without being previously introduced in affidavits (that were served on all parties prior to the hearing).
I have given the name “evidence ambush”, as each of the people that complained used different descriptions for this legal strategy. Having a name, allows different people’s experiences to be linked together, for what is one legal strategy.
The most important issue should be – has this family and it’s relationships been protected?
It is only through protecting integrity and honesty – to foster a supportive, constructive relationship between the parents, that the children can be given the best life by their parents.
I will not discuss “Agenda Ambush” at this time, this is an entire topic in itself and it is covered by different familycaught rules.
Some people fumed silently in anger, some protested to the judge, one lawyer protested to the judge but his objection was simply ignored by the “judge”. One other customer admitted that s/he had accidentally successfully used evidence ambush against CYFs, without realising at the time what s/he was doing. The CYFs lawyer protested vehemently, but was overruled by the “judge”.
With respect to natural justice, it would generally be fair and reasonable to either adjourn the hearing for sufficient time to allow the other party to understand the issues and obtain any relevant evidence to rebut, or to order that the hearing continue, without the ambush evidence being admitted.
A similar situation is when one party forgets to attend a hearing. usually the hearing will be adjourned, so that all affected parties can be in attendance.
Why then did the “judge” take the different course of admitting the ambush evidence from one party, after the other party had laid their cards on the table in affidavits served prior to the hearing and requiring the hearing to continue without any time adjournment at all?
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