AIBU to ask what to expect at a final hearing?

[Bbbitch4lyf]

Due in court for a final hearing about DC.

I believe we’ll likely be cross examined…any advice please?

I really don’t know what to expect.

TIA

This is a question for your solicitor. They should be preparing you for the hearing.

Ask your brief

Are you self representing?

i can answer your question (I am a barrister specialising in family law). I cannot give you individual advice. But I can tell you what to expect. But to do so can you tell us the following:

Are you representing yourself. If you have a solicitor you really need to ask them this question and it’s their job to prepare you.

Are you the applicant? If not is the father the applicant (assuming you are mum)?

What is the application for?

Is there a Cafcass report? Do you agree with the recommendations in the report?

What Level of court is it in - magistrates, district judge or circuit judge.

Are there any safeguarding concerns?

@LadyMacbethWasFierce
thank you, I have a solicitor but I’m also spiralling.

I am the respondent. Ex wants 50/50. CAFCASS report wasn’t really specific on contact but I agreed with the balance of it.

The hearing is with a district judge.

You do need to speak to your solicitor. Make sure they understand that you are struggling.

They will probably instruct a barrister for the final hearing. It may be someone you have met before. But it may not be. Ask if you can have a conference beforehand if you can afford that or if you are in receipt of legal aid.

If you feel special measures at court (separate waiting room, screens, more breaks) are required speak to your solicitor about whether they think you are eligible.

You will have to make a statement in advance of the hearing, setting out what you say is the right order and why. Your solicitor will draft that. Your ex will also make a statement. You get to see each other’s in advance of the hearing.

You should probably get to court an hour before the hearing is due to start.

The Cafcass officer will probably have been ordered to attend court. They will likely give evidence first and be asked questions by your representative and your ex’s representative. If you are the respondent your questions go last. if you agree with most of what they say your questions will probably not take so long.

Then your ex gives evidence and is cross examined by your solicitor or barrister. Then you give evidence and are asked questions by his. The questions of you will be aimed to show why he should have 50/50 care.

Then each representative makes submissions to the judge about what they say should happen and why. The applicant’s representative goes last when it comes to submissions.

The judge then delivers his or her decision which is called a judgment. Sometimes if time is running out the judge saves the decision for another day. This is called reserving judgment.

The applicant’s representative has to draft the order.

If you are unhappy with the decision you have 21 days to appeal. But it’s quite rare to successfully appeal and you need to show that the first judge got the decision “plainly wrong” or did not follow the correct procedure.

I really hope your solicitor is able to support you as you need and I wish you well.

@LadyMacbethWasFierce
Thank you, that’s really helpful.

I just can’t think what questions the could ask that I could answer showing why 50/50 is best for DC

Obviously I cannot comment on your particular situation, but his lawyer (assuming he has one) would be trying to undermine the Cafcass officer’s reasoning if they are against 50/50. By suggesting things that they have not considered. Or perhaps suggesting things that they say have been given too much weight. Be reassured the Judge will have seen this play out many many times before.

They will likely also ask questions designed to highlight how the contact might be stepped up over time to transition to 50/50 eventually. Even if not right away.

Similar really when it comes to asking you questions. The aim will be to show why you have got it wrong about what is best for the children.

Just remember when giving your evidence, it’s not a memory test or an intelligence test. Or a competition. The best thing you can do is remember it’s about putting the children first. If you are straightforward and honest and keep referencing the needs of the children that will really help the court see you are focussed on them and not on scoring points.

Please do reach out to your solicitor in the morning and tell them about your worries. They are being paid to help you through the litigation process. Don’t be afraid to say you are worried.

I really wish you well.

@LadyMacbethWasFierce
Thank you…C1a forms have been filed, CAFCASS has said these aren’t relevant in their eyes.

Am I likely to be questioned about these, or will it solely be about DC and our position?

And can they bring new evidence forward on the day?

You'll only he cross examined if its listed as a fact finding hearing. I have a final hearing coming up, although its unlikely to be a final hearing in my situation.

You present a position statement, which you should have a deadline to send this in to the court and to the applicants solicitor. You state what you want moving forward and why. What contact things like first refusal for childcare, contact while in other parents time, whatever. Then you prepare to support that with the judge. They'll either come up with an agreement there, plan another court date to make an agreement, or another court date to cross examine or argue it out which would be a finding of facts.

Yes, they probsbly shouldn't but my ex did as "they only just got the information" trying to force a finding of facts becuase "all the information hadn't been able to be looked at ."