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Family court

59 replies

dublingirl66 · 30/10/2020 20:14

Feel so so let down

Got a case end of next week
Barrister was supposed to guide me through it all
Send paperwork
Give me a change to reply to a few things

Not heard a word

Second time this has happened and just feeling so alone tonight
Have not told my family as my brother is ill and may not survive so don't want to worry them
Really have no one to speak to
Paying her THOUSANDS and I'm just fuming
But if I say something this may go against me

Handhold please or even little words of wisdom would mean a lot right now

OP posts:
pinkpixie83 · 30/10/2020 20:19

Positive thinking is all I can offer im afraid.

My barrister didn't expect my case to go my way even during the decision making process but it did

BlackeyedSusan · 30/10/2020 20:20

Flowers and Chocolate good luck.

dublingirl66 · 30/10/2020 20:22

Thank you

I just wish she would do what she says she will do
Example send me stuff or call on the day she says she will not three days later

Really down about it tonight
On top of the fear of court and the aftermath of severe DV 😫😭😭😭😭😭😭😭

OP posts:
WisestIsShe · 30/10/2020 20:24

I had a similar experience with a crap barrister. In the end I self represented and got everything I wanted. Remember every single answer you give should be focused on what is best for the child. It's not about what you want, what the ex wants etc. By pivoting every answer to what is best for the child you make your best case. Don't sling mud, best option for the child every time.

dublingirl66 · 30/10/2020 20:26

Yes so very true

How am I supposed to go ahead with this when she is not even doing the basics
We have no time left and she has not done anything she promised she would
But yet wants 3k before she can appear next week

I can't believe people like this exist
Seriously

OP posts:
elephantontheroofeatingcake · 30/10/2020 20:27

Sounds a bit odd as usually it's the solicitor who has direct contact with you and not the barrister?

dublingirl66 · 30/10/2020 20:30

Have had both yes
And there has been limited contact with her , solicitor and I

It's like she is in super chilled zero fcks given mode

Turn up and see how it goes

OP posts:
ChocBeforeCock · 30/10/2020 20:30

Is it a direct access barrister you have instructed?

It is poor if you have arranged a time to call and she hasn’t. Possibly call her clerks in chambers and ask for the phone call to be placed in her diary, but clarify with them it is the phone call already agreed and not additional chargeable work.

dublingirl66 · 30/10/2020 20:31

Yes v good point thank you !!

Will try that

OP posts:
TheFormidableMrsC · 30/10/2020 20:31

If she's not done her job then you absolutely do not pay her!

Keepthefaith70 · 30/10/2020 20:31

Hi @dublingirl66 I feel for you xx
What hearing is this you have. How far in the process are you xx

dublingirl66 · 30/10/2020 20:33

I have to pay her what choice do I have ??

It is for indirect contact

I literally have no idea about the system
What may happen next etc

Been shocking if I'm honest
Checking emails hourly in the hope she will have sent something my way and nothing

When I bring this up with solicitor she tells me I'm just stressed due to the DV and the fear of what may happen wtaf

OP posts:
Keepthefaith70 · 30/10/2020 20:36

@dublingirl66 is this your first hearing, the FHDRA? I have mine in a couple of weeks. When is your bundle due to go? X

dublingirl66 · 30/10/2020 20:38

No it is the second hearing

If I'm honest I have no idea About bundles etc
None of this is clear to me at the minute

And yes I have asked
Been told she will call me to explain

OP posts:
dublingirl66 · 30/10/2020 20:45

Wish I could go ahead next week and just do it myself ??!!!

OP posts:
samb80 · 30/10/2020 21:10

You should.

I started with a solicitor for my court hearing but they were all absolutely useless.
I represented myself and the judge and court advisor will just take you through the process step by step. They have to it's law!!
My divorce was also DV, i understand that it is a really horrible time for you. Things will get better though. Sending you lots of love.

dublingirl66 · 30/10/2020 21:10

Thank you so much

I don't even. Have the money to pay for this

OP posts:
dublingirl66 · 30/10/2020 21:11

Dreadful
Let down. After let down

I could never do this for someone I am representing

OP posts:
Mindblowninbrisvegas · 30/10/2020 21:24

The first thing to do is not to panic.

If you have a solicitor you should speak to them. A barrister or their clerk will not speak to / communicate with a client directly if there is a solicitor instructing them.

If you are using a direct access barrister then they will deal with you directly.

What type of hearing do you have? Is it a dispute resolution hearing (usually a last chance to try and discuss matters and try to reach an agreement after CAFCASS / the local authority have prepared a section 7 report) or a final hearing?

The type of hearing you have is very important as that will determine what is likely to happen.

dublingirl66 · 30/10/2020 21:28

We are in N Ireland

He is looking for indirect access

He is up in criminal court soon too
So I want no contact

Yes I know it goes through solicitor but solicitor is waiting to hear from her and nada
It's like I'll just wing it in court
Call you day before the case just to show I know what I'm doing

It's so bad

I would have done it myself had I known what a joke this will be

Bastards

As if a d v victim has not gone through enough

OP posts:
dublingirl66 · 30/10/2020 21:34

Ok I am actually really needing help here

What do I do

Go ahead with this feeble excuse of a professional who is charging a bomb in the hope that this will help my case

Or

Last min say NO
Enough is enough
You have done nothing so in need to take the control now????

Hate that this has happened to me
So angry

OP posts:
Crazycatlady83 · 30/10/2020 21:38

Speak to your solicitor. If you aren’t happy, make a complaint. Don’t accept bad service in anything (especially paying £3k - which seems very high!) If you still aren’t happy, ask to swap barristers.

What are you waiting for? A telephone conference with the barrister before the hearing - if so, ask for a specific time and date. Make sure your solicitor confirms this with the barristers clerk.

Ask to see a copy of the electronic bundle.

Is the barrister suppose to do a position statement for you before the hearing? If so, tell your solicitor you want it by X.

If you aren’t happy, you can ask your solicitor to see if there is an alternative barrister or a solicitor advocate in their firm, who can represent you. Ask what chambers they use and look up their barristers on their website - see if there is anyone else you would prefer, ask for recommendations and see what your solicitor has to say.

Regardless of how you are feeling, your feelings are completely justified. You are paying a lot for a service and it’s about time they give you that service!

Best of luck!

Crazycatlady83 · 30/10/2020 21:40

Sorry, one more thing - you say it is the second hearing and it’s about indirect contact. Is the judge going to hear evidence or is it a “dispute resolution hearing”.

Ask your solicitor if “the brief has been sent” and if so, if the solicitor has put time frames in that brief for certain things to be done. If so, ask your solicitor if they have followed up these missed timeframes with the barristers clerk / head of chambers. If no time frames have been put in the brief, it sounds like you may have a solicitor problem!

dublingirl66 · 30/10/2020 21:43

Thank you this is so clear

So the telephone call was two weeks later than I hoped
Last min like ev thing else

Now the position statement is a week overdue
And now nothing
So last fcking min.com yet again
Like a joke

Should I try to do this myself ??

Got no clue about the system and what this even potentially should look like

But do not trust her
How dare she !!!!

I work with vulnerable families and I would never ever do this in a million years
I earn pennies in comparison to her
Just awful

What would others do in my shoes????

OP posts:
Crazycatlady83 · 30/10/2020 21:48

What is the hearing scheduled for? Will the judge just be listening to the both of you and hoping you reach a agreement? Or have you done witness statements, will expect cross examination and it’s normally called a “interim contact hearing”.

It really depends on how you feel in yourself doing the hearing yourself. The first one will probably be easier than the second.

To be honest, most barristers are very last minute (they are normally in court every day so have little time to think 2 weeks ahead) The reason you are paying them is for the expertise of presenting your case at court.

Also, there is no good reason why your solicitor can’t prepare your position statement for you - normally a solicitor would be responsible for the paperwork of your case and the barrister presenting your case in court

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