Barrister or Solicitor?

[Guiltymumofkids]

I am undoubtedly about to embark on a bitter custody battle. Ex is a liar and i can’t really go into it as it’s outing (and I’m sure he looks for me on here so I name change all the time)

I have a good solicitor for my divorce and I was going to self rep for custody issues, but I’m starting to think I might struggle as I know he is able to afford more legal help and i am worried they will tie me up in knots.

A friend suggested a Barrister her daughter used, but I can’t work out if that’s going to be ridiculously expensive to do.

Has anyone used one for custody? Is it easier just to pay the money and let them crack on?
Has anyone self repped when their ex is all “lawyered up”

I’m not eligible for legal aid and funds are getting tight so I need to think of the best way forward

If you already have a good family solicitor I’d probably suggest that you see whether they will do a fixed fee interview with you to talk through the case and discuss options. It may be that they can help you formulate a strategy and then it will become clear what kind of legal help you need if any. If it’s fairly clear what shape the case will take - ie you’re not needing to persuade the court to have a particular type of expert report - then you might find the best option is to represent yourself at initial hearing(s) and then get a direct access barrister to do the final hearing. I’m a family solicitor.

Thank you.
The situation is complicated involving DV and an adult family member who I feel is a safeguarding risk, but my ex is repeatedly lying over the situation.
I know what the situation is but proving it is harder.
My solicitor does know the facts of it but I’ve never really sought her advice much.

She did say that with our circumstances it’s unlikely he would get more than EOW and possibly not even that to start with but he wants considerably more than that and I don’t want them there if the other adult is there (if you get me??)

Pick your battles. Unfortunately you won't be able to dictate who your kids see and spend time with when with your ex partner.

There is a lady who offers advice and guidence on when and if you need to pay for legal advice and supports you if you don't in what forms etc you need to fill in.
www.puzzlepiecelaw.co.uk/

Thank you. It’s not a new partner in trying to stop them being around, it’s someone who was deemed a safe guarding risk when I left him (sorry to be vague) so it’s not that o don’t want them seeing a new girlfriend.
Thankyou for the link, I will have a look ❤️

Makes sense. I’d definitely suggest you book a fixed fee interview with your solicitor to talk about what evidence you need the court to see and how to get it in. You might realise that it would help to have representation at an initial hearing to give you the best chance of getting this in and want to pay your solicitor or a barrister to do this.

Where are you in terms of the court process?

It’s not a new partner in trying to stop them being around, it’s someone who was deemed a safe guarding risk when I left him (sorry to be vague) so it’s not that o don’t want them seeing a new girlfriend.

Was there an actual social services investigation into what level of risk this person deemed to your children?

Yes, I think I’m going to need some initial help. I want to give myself the best shot at getting a decent outcome for the children.
It’s apparent my ex will just lie and lie and lie to get what he wants and he always was a bully but recently it’s dawning on me how much he bullies me and I don’t know if I can face all the legal help he will have alone

Childrens services were involved

We’ve tried mediation which has undoubtedly broken down so now I’m waiting him sending his papers to court which his solicitor has already prepared.

Good luck.

I had a barrister for my second family court sitting, solicitor for the first.
My ex lied all over his paperwork too.

I basically picked what I was prepared to compromise on and what I wasn't, and even with my barrister trying to convince me to agree to what my ex wanted it went in my favour.
The judges don't care about the parents just the children so if you can prove he's lying that will be important

Try a direct access Barrister rather than a solicitor, which will cut your costs. You can do the work of a solicitor yourself and save the strategy and representation for the Barrister. Also look up advocate, which is a pro bono unit for barristers.

@pinkpixie83

I had a barrister for my second family court sitting, solicitor for the first. My ex lied all over his paperwork too.

I basically picked what I was prepared to compromise on and what I wasn't, and even with my barrister trying to convince me to agree to what my ex wanted it went in my favour.
The judges don't care about the parents just the children so if you can prove he's lying that will be important

It’s difficult to prove. An example would be I say this person lives there, he says he doesn’t. Ex keeps him off the Council tax etc to hide him being there, but he is and family members are so indebted to ex that they will back him up.

He is an accomplished liar and his wish is to hurt me and get one over on me.

Which did you find better? Solicitor or Barrister

Hi OP - I’m a lawyer (litigation not family).

Sometimes I attend court, sometimes I instruct a barrister. In all honesty though due to my high hourly rate and the preparation and attendance costs, it’s usually cheaper to have my clients instruct a barrister than to have me do the hearing.

My hourly rate is £200, for a one day hearing plus prep costs I’d quote around £3,000 for one day attendance. I can get a barrister with quite some experience for half that, and a junior (who are also very good) for £750.

Your solicitor can instruct them direct so speak to them about your options, because it may not cost as much as you think.

@MrsPinkCock

Hi OP - I’m a lawyer (litigation not family).

Sometimes I attend court, sometimes I instruct a barrister. In all honesty though due to my high hourly rate and the preparation and attendance costs, it’s usually cheaper to have my clients instruct a barrister than to have me do the hearing.

My hourly rate is £200, for a one day hearing plus prep costs I’d quote around £3,000 for one day attendance. I can get a barrister with quite some experience for half that, and a junior (who are also very good) for £750.

Your solicitor can instruct them direct so speak to them about your options, because it may not cost as much as you think.

Thankyou, that is really good to know. I kind of thought a Barrister would be ridiculously expensive.

I have had a Barrister recommended to me, but would you suggest I used the one my solicitor suggests (if she does!)

We have a database of good and recommended barristers at work, so we know we are safe to instruct any of them. If we haven’t had a good experience, they’re removed from the list.

I’d say it’s probably safe to go with your solicitors recommendation. Having said that, if there’s a barrister in particular you want to use, then speak to your solicitor. They act on your instructions. They may have discounted rates with their preferred counsel though so I’d ask for a list of options (they should also send the barristers CVS to you so you can make an informed choice).

Thankyou so much