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Legal matters

Family courts - anybody in the know?

13 replies

youokayhun · 13/05/2018 23:13

I've been through a horrific time and am awaiting what I hope to be the final hearing in a case regarding my children, unfortunately I'm no longer able to pay legal fees and as such am left to represent myself. I have a few questions and wondered if there was any MNers in this field who would consider providing a bit of basic advice Sad

OP posts:
Gagastwin · 14/05/2018 01:31

I was in court for 4 years with and without a solicitor, in the end, I self-repped for a year. I might be able to help

Familylawsolicitor · 14/05/2018 19:15

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Jixy8731 · 14/05/2018 20:06

Watching with interest as I will be self representing soon too. I have met a couple of folk in RL who have done it too without too much of an issue

KeepYourFriendsClose · 14/05/2018 22:16

Following

youokayhun · 21/05/2018 23:45

@Familylawsolicitor I'm worried about the whole thing really....so far I feel completely let down by the courts. Cafcass. Everyone. It seems no matter what the outcome of anything, they just do what my ex says. I'm at breaking point. I can't cope without my kids anymore. I'm terrified of the next court date as am no longer represented but we (myself. Ex partner and cafcass) are being called as witnesses for cross examination. So he has a solicitor and I don't. I'm scared of what I'll be asked and what state I'll be in and I really haven't got the faintest idea of what I should be doing/asking when it's my turn to cross examine Sad

OP posts:
Gagastwin · 22/05/2018 01:02

The questions all depend on why you are in disagreement if it is a cross-examination id imagine.
Is it a finding of fact hearing?

Monty27 · 22/05/2018 04:19

Post on the legal pages
You will get good advice

Monty27 · 22/05/2018 04:20

Sorry I just realised you have Blush

youokayhun · 22/05/2018 08:06

@Gagastwin it's supposed to be the final hearing. Honestly the whole thing has been an utter farce so far. ExP has simply decided I have a drug problem, an alcohol problem, mental health issues and that my partner is a risk to my children. None of which are true. None of which he has based on anything what so ever (he's not even made up an event or occurrence that makes this likely, he's literally just said that's his opinion and that's that) the courts just seem to say "yes sir, no sir, three bags full sir" while I watch on in complete and utter horror and shock. I've had drugs tests, I've had a statement from my doctor about my mental health, social services have opened and closed their case (I have a SDD and baby on the way too - these children aren't deemed to be at risk) my partner has had police and safeguarding checks....he has cost us so much money we've lost our home and our relationship is now very strained because he isn't allowed contact with the children at all what so ever (I'm allowed 6 hours a week as long as my mums present!!!) I don't see how he can argue with fact but he always seems too. He's always had 50/50 contact...it's just never enough for him.

OP posts:
youokayhun · 23/05/2018 07:51

@Familylawsolicitor I also had a question regarding McKenzie friends

OP posts:
Gagastwin · 23/05/2018 10:17

Anyone can be your Mackenzie friend, they cannot talk in court. They can make notes, Get someone you sound like you need it. You have to apply on the day of the hearing.

You need to be stronger, walk in their and ask to speak first. Do an opening statement and say this cannot be a final hearing due to the fact you get 6 hours of contact, you have had all services involved and background checks on you and your partner, drug tests are clear (?), alcohol tests are clear, mental health clears are good (?). The court has no evidence, your ex has no evidence and it is obviously a smear campaign against you to separate you from your children.
Explain how you have complied, how it has cost you a fortune but you don't mind because you love your kids and want to spend time with them. (Your ex will bring up the lose of house, so get in there before he can) explain you would sacrifice anything including your house which you have done to fight this tactical mission your ex is on.

Also demand more hearings so that you can rebuild contact at a pace suitable for the children. Demand any other costs are paid by ex or at least 50/50. Maybe @familylawsolicitor knows if you can get any costs back if they are all negative.

Each time you point out something your ex has accused you of with no solid contact say "with no evidence". You need to repeatedly point this out, build your case and point out all you exes lies.

You need to get in front of this and calmly but firmly argue this in court. If things are as you say they are you shouldn't be on the last hearing.

Take in a statement saying the same read from it and ask to add it into documents/evidence. You need it all on paper, you need a copy for court, your ex, you and your partner if he is also a party in the case.

Don't forget to label it with all the hearing info and numbers and sign.

Gagastwin · 23/05/2018 10:20

Also point out that he hasn't given a single timeline or event that makes any of his fantasy even a little bit credible.

Familylawsolicitor · 25/05/2018 12:30

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