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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Standing up and talking in court

4 replies

datingdisaster41 · 13/06/2016 14:45

My ex has decided he is going to take me to court (mediation first but ultimately says he will go to court if I don't give in to his demands re childcare arrangements). Can anyone tell me what the process is on the day, i.e. do my ex and I stand up and talk in the courtroom? I understand the process beforehand, i.e. that we each attend mediation, get solicitor etc but not sure if we get a chance to give our own point of view on the day.
Thanks

OP posts:
JessicaRabbit3 · 13/06/2016 14:47

No your solicitor would speak for you but I couldn't afford one so I spoke on my behalf

fuzzywuzzy · 13/06/2016 14:50

Mostly a barrister does the talking, if there's a specific issue the judge might appoint a CAFCASS officer to investigate further and you'll need to return to court.

The only time I had to speak was when I was questioned by ex's barrister, as I wanted contact completely stopped. It took several days and there were various agencies involved. I had to go and sit in the witness stand (I suppose that's what it's called), a little boxes off area close to the judge and answer questions made out to me by ex's legal representation.

If it gets to that there will be a lot of prep before witness statements and agency reports etc.

Make sure you offer whatever you are in writing so you have something concrete to show the judge you have offered and attempted to be reasonable.

bibliomania · 13/06/2016 16:16

You'll write down most of your arguments first to provide to the court. I've been to quite a lot of hearings at this point, and most of the time there isn't much to say. The judge will have read the documents (you hope), might ask a few questions, and will probably lecture you both about the need to agree for the sake of your child, and will then make a decision. It's only when we got to the point of a fact-finding that we did much talking. There isn't much need to prepare speeches or anything.

datingdisaster41 · 14/06/2016 00:39

OK - thanks all - this is all really helpful x

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