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Advice on self-repping child case

(5 Posts)
halfa Wed 29-Dec-10 16:43:19

Just a quickie for those who can help. Spent last 12 months in court, bit of a waste of time and money really, and looks like we will be going to contested hearing.

I can no longer afford my solicitor. Can i self-rep for the day-to-day stuff, i.e. correspondence, negotiations about moving contact forward etc, directions hearings etc and just have a solicitor (or barrister) for the contested hearing, or has it got to be a solicitor or myself. I know i could not cross examine the ex myself!

If i have a mckenzie friend can it be a relative? Can they come to the directions hearings with me? Can they come to the discussions with the exs solicitors before hand or is that just me?

How easy is it to self rep? How understanding the the judge that i have no idea about what to do or court or anything?


GypsyMoth Wed 29-Dec-10 19:22:40

families need fathers can give good advice on this

would your ex agree for th mckenzies friend to come in the court room? he can say no i think!

Resolution Wed 29-Dec-10 23:56:08

Not sure they have a right of veto over a mckenzie friend, but ILT is right that FnF are the ones to go to over this.

prh47bridge Thu 30-Dec-10 10:21:52

I'm sure they don't have a right of veto. It is up to the judge. In Re H (McKenzie Friend: Pre-Trial Determination) [2001] EWCA Civ 1444, [2002] 1 FLR 39 the mother strongly opposed the father's request to use a McKenzie friend. The judge refused the father's request but was overturned by the Court of Appeal who said that there is a strong presumption in favour of allowing a McKenzie friend. Subsequent developments have made the presumption even stronger. However, that doesn't mean the court will necessarily approve your choice of McKenzie friend. The court may feel, for example, that a relative has a personal interest in the case or that they may not understand the court's rules on confidentiality.

I would concur with the advice about talking to FnF. Despite their name they support mothers as well as fathers.

halfa Thu 30-Dec-10 11:21:43

Hi everyone

Thanks for the advice, i shall try contacting FnF.

I was hoping to take my mum as my mcKenzie friend, but from the sounds of it then this might not be allowed?

Also as i said i want my solicitor for the contested hearing, but ive got at least one directions hearing and a group meeting before this, and wanted to do this myself to save on the costs, so its if the judge will let me have mckenzie friend one day and a solicitor the next!


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