Cross Examination

This is the most difficult area for a litigant in person (LIP).  This is because it is incredibly tempting not to ask questions but to make speeches.

Cross examination means asking questions.  The rule is:-

(a)                Only ask questions, rather than making points or speeches.

(b)               Only ask any question if you know the answer. and believe it would advance your case.

(c)                Be polite measured and careful.

Being aggressive and confrontational is completely wrong. especially if you are talking to your ex in the witness box.  The Judge is highly experienced and professional and is watching you your body language, how you talk, whether you hold a finger up, or gesticulate and whether you raise your voice etc.

In cases where there have been allegations against you that you are violent or a bully or unreasonable, your demeanour and how you speak in the witness box is actual evidence.  The Judge can decide quite legitimately what sort of person you are.

To give an example supposing a husband was accused of being a bully who shouted, and during cross examination of his wife he bullied and shouted at her saying things like “You are a liar.  You know exactly on Christmas Day I did not hit you.  Who has put you up to this?” etc.

The Judge is perfectly entitled to conclude that you are a bully.

A more measured approach saying it politely and calmly would be “You have told the judge that on Christmas Day I hit you.  Did you go to a doctor?” (knowing that she did not).

If she may have gone to a doctor, but you do not know then zip it.  She might say “Yes.  I went to a doctor and he said I was lucky to be alive.”

Only ask questions which build up the right picture, and prove the points you need to prove.

If you are asking the judge to make a finding that your ex has hidden assets, just ask sufficient probing questions to raise enough suspicion in the mind of the judge.

If there are points that you want the judge to agree with, and you know that your ex does not agree, you have to put these points in the witness box.  You know the other side are going to disagree, so it seems a pointless exercise, but it has to be done.

Example “I suggest to you that you do have a house in Hounslow which although in your brother’s name actually is privately held for you, and he is keeping it for you until this case is over.”

No doubt the ex will say “That is not true” but it gets it on the record, that you have put this point, which might be useful on appeal or later on or if it transpires you can prove this allegation, in which case it could be a case for perjury or contempt and winning the case that way.

Prepare your questions by writing them out preferably on a laptop.  Group them in headings or topics.

Each question should be about one thing only.

DO NOT ASK:-

“On Christmas Day last year you came to my home and said I could not see the children unless I paid maintenance didn’t you?” (that amounts to two questions).

What you should do is ask the two questions:-

“Did you come to my home on Christmas Day last year?”

“When you got there did you say I could not see the children because I had not paid maintenance?”

Cross examining professional witnesses is particularly difficult for an LIP.  Judges often follow expert witnesses e.g. CAFCASS, pretty religiously and it is hard to prove that such a professional is incompetent or biased, although they can be.

In one case we dealt with there was an interview between the social worker and the father.  The social worker asked the father what he would say to his children if one visit was allowed, after not seeing them for over a year.

He said “I shall tell them I love them“.

The social worker said “No you will not.  That puts them under too much pressure.”

That was under cross examination and the judge, for once, totally sided with the father and was angry with the social worker for being “politically correct” and acting thoroughly against the child’s best interests.

When cross examining an expert witness run through the welfare checklist which you can see if you click on our Fighting for Fathers icon our homepage.

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