How hard is it to do all the stuff for Family court for children?

[Weewilliewinkie123]

Ex is taking me to court over custody for the children.
He won’t get what he wants for numerous reasons, mainly it’s not what the kids want or in their best interests, but nothing like his childrens wishes will stand in the way of his attempts to destroy me.
However, Due to a horrific divorce where he has run costs up for me with his lies I find myself nearly penniless.

I’m quite good with Admin, but the first lot of stuff has come in with 30 odd pages, only two of which need filling in. That’s a lot of paperwork already.

I need to do a C1A form for DV and I want to ask for a section 7 report. C1A is about 12 pages long and I’m not sure if I include what’s been done to me as well as the children (witnessed DV plus they have been a victim of his spite and nastiness)

Realistically, for an intelligent woman, how hard is all this stuff? Is it going to be just too much paperwork? Am I better to send evidence pieces to my Solicitor to read over?

Finally, representing myself in court? Yes or no?

I’m pretty sure ex will be loaded up with a Solicitor and a Barrister.

This is really important so I need to do it right, but I don’t know the best way to approach it

Would you be eligible for legal aid based on your income/savings and the domestic violence? How many hearings have you had already? I work doing admin for a family solicitor but wouldn’t fancy representing myself in court, although I know judges are usually sympathetic towards parents representing themselves.

I earn too much for Legal aid sadly.
This will be the first hearing (fact finding?) but I literally only have a few weeks before it

Whenever I hear our solicitor talking to clients who can’t afford full fees, she usually says they should be able to do the first hearing themselves. I suppose you could fill all the forms out and then just pay for a 1 hour appt to run them past a solicitor. How old are your children? Are they old enough that their wishes and feelings would be taken? I really hope it goes well. It sounds like you’ve had a tough time x

Thankyou x

Dear Weewillie...
You should be able to manage the first hearing known as a (FHDRA) without representation. Prior to the hearing Cafcass should complete checks with the police and local Children's Services to see what records they hold that may indicate risk to the children. They should also contact you, by phone, and your ex to see if either of you have safeguarding concerns. If you are completing a C1a then you will be able to cover some of that there. My advice would be to put in the C1a what is relevant to the safety and welfare of the children. This could include a pattern of domestic abuse where the most serious incidents can be briefly noted, any issues with drugs or alcohol, any worries about mental health, and of course any abuse of the children. You can include DA issues that you may think the children have not witnessed as these could still impact on you, the power dynamic and the risk of such behaviour transferring to the children, or them witnessing it in a future relationship that your ex may have.

Remember the court and decisions are based on evidence so it is important that you are able to refer to any incidents where the police have been called even if they did not take action. This could still come up in police disclosure if required.

Cafcass will file a Safeguarding letter to the court which will highlight what the author feels are the most relevant safety issues. It should offer the court advice about next steps. You should get a copy of the letter, unless sharing with parties is assessed to increase risk.

You then attend the FHDRA. This may be in person as courts are starting to open up again or virtually. A Cafcass officer will usually join and be able to assist the court. They may clarify some aspects with you and your ex. I say may as some courts excuse Cafcass attendance if the advice in the letter is clear or there are no risks.
I see you seek a Section 7 report. These are completed on about 20-25% of cases and are at the discretion of the court in consultation with Cafcass. This would likely entail someone speaking with your children in a neutral setting (school or Cafcass office) to establish their wishes and feelings. The ages of your children and reasons for their views will influence the weight their views are given. The Cafcass FCA (Family Court Advisor) would consider DA witholding that work but will also consider how a parent can influence a child so it is important that they are shielded from adult issues.

The court seeks to solve problems. It is not about winning and losing. The court wants parents to work together to reach agreement if it is deemed safe to do so.

I hope this long winded note helps in some way. I hope that the proceedings are not protracted and painful, especially for your children.

Thankyou x

If you are good at admin, then I would suggest using the direct access system which is what I am doing. I do all the paperwork and pay for a barrister for the hearings.i did my own C1A. I am just waiting to be contacted by Cafcass for a section 7 to be completed.

@gonnabeok

If you are good at admin, then I would suggest using the direct access system which is what I am doing. I do all the paperwork and pay for a barrister for the hearings.i did my own C1A. I am just waiting to be contacted by Cafcass for a section 7 to be completed.

On your CA1 what did you put? I have pretty much every box to tick for me and several for the children, so I assume I include brief examples on another sheet of paper, but that I include everything? How many copies do I need? Is it one for his solicitor, one for court and one for me?

Do I put in a positional statement with my Acknowledgment or wait?

I’m good at Admin but there is so much paper there’s 30 pages in what I’ve received, only two of which I need to fill in! But I am assuming that it’s not as heavy going paperwork wise as a divorce is?

And did you request the Section 7?

Hello

This is all so stressful! My situation is very similar to yours. I have the FHDRA in 2 weeks and would be interested to know the outcome of your case.

Did you use a barrister? Did the court recommend a Section 7 report from CAFCASS?
I just hope that truth will win the day in my case, fingers crossed!
Many thanks