can i represent myself?

[woodcutter]

I took my ex to court to gain access to see my child. an order was imposed for 3 out of 4 weekends, two weeks holiday per year and visitation on christmas day. Now im out of money and if she breaks the order I have to go back to court. How simple/difficult would this be should this happen (and it will she constantly stops me seeing my child) can i simply apply to the court directly or should i contact her solicitor directly? Ive been forced to stop using my solicitor as the fees are simply exhorbitant £1000 demand per court appearance! Im reading books but the legalities seem so complex. please help thankyou.

[balia]

I'm sure proper qualified posters will be along in a minute - but seriously consider joining Families Need Fathers - just google it - they have a helpline, local meetings, bags of experience and can direct you to a McKenzie Friend (eg someone to go with you into court for moral support etc).

DH and I did better by ourselves than we did with a sol (no disrespect to anyone here).

[woodcutter]

thankyou Balia yes ive been reading up on the McKenzie Friend, Ive also tried families need fathers.

[woodcutter]

there is loads of info out there, Scottish law does seem to be different and my location means that FNF meetings are several hundred miles away. Any Mckenzie friends in the North of Scotland? My real question is where do i start when the contact stops?

[SparklyGothKat]

Can I ask how old your child is? My dd2 is 10 and lives with her dad but he thinks that it's up to her if she sees me and her siblings. I have seen her for about 5 hours in the past month. My DP said we can take it to court if I want to.

[SparklyGothKat]

Thanks. I have given him free assess to the other 3 but he only sees them for 3 hours on a Sunday. I want my dd2 overnight once a week and to see her afterschool. But getting no joy!

[balia]

Cafcass say (AFAIK) that they will take into account the children's wishes from age 6 - but that is very different from being able to make the decision for themselves. 13 would still be very early to do that; I think they need to be judged as 'Gillick Competent'?

DH applied for enforcement after a final hearing when ex said (as she walked out of the court room) that she wasn't going to do it - she was very shocked how quickly she was back in court and told they would be changing Residence if she didn't stick to it. He just had to fill ni a form and file at the court - but we are in England.

[MOSagain]

No reason why you can't represent yourself with the right support and guidance. There is a poster on here, Yerburt (sp?) who has often provided support and advice to people such as yourselves. Pretty sure he is involved in Families Need Fathers (not to be confused with the loons that wear lycra and climb cranes) and think he may 'hang out' on relationships or lone parents.

balia as far as I'm aware, there is no set age, it really does depend on the child and the situation.

Good luck

[tabbythecat]

ditto what balia said, have read of several women who refused to comply with court orders and have either been threatened with sole residence going to the father or actually had that happen. Courts /judges get fed up with women who are obstructive and seek to make a mockery of the legal system.

[STIDW]

The courts and procedures are very different in Scotland and more complicated than those in England & Wales. For a start, there are no Mckenzie Friends. Since January this year a "party litigant" may be accompanied by a "lay assistant" but that's a bit different from a MF. There is no CAFCASS here and any reports that are required by the courts are done by specially trained solicitors or social workers who have to be paid for in much the same way as a solicitor. FnF in Scotland isn't huge so most of the resources and support they provide aren't at all relevant to Scotland.

If a contact order isn't complied with only once or twice it is better to let matters go but if it is broken regularly you can apply to court. One thing to be aware of is that there is always a risk that a court may reduce contact. Unless there is a mitigating factor this is particularly true here because you have most of the quality time at weekends.

There are no enforcement orders in Scotland and you would need to start contempt proceedings. Before applying it is reasonable to write formally and offer mediation as a way of resolving the dispute. If mediation is rejected or doesn't work you then have a copy of the letter as evidence that you have tried to be work things out without involving the courts.

The problem for most party litigants is that there is no convenient form to complete and application is by writ which is a legal document that is to be written in a certain style. If you haven't already done so it would be worth investigating legal aid. Anyone eligible on an income of up to £25k is entitled to some legal aid in Scotland.