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Representing myself in court

46 replies

redbaren · 15/11/2011 17:41

After winning a one and a half year court battle most of it which occurred in Italy I won full custody and returned to the UK with my child. My X followed us nearly four years ago and has always threatened to take me back to court to get more access because we were living in the same country now, despite the fact the judge based his decision on an in depth psychological report which went totally in my favour and described his actions as narcissistic. I have dreaded the day as I never wanted to step inside another court room again. Now hes on jobseekers and so because hes now got legal aid he has filed an urgent application in the courts to gain joint custody because he says my son is at risk!!!!!!
I now have to dig up the injunctions and police reports of the abuse he inflicted on me in front of my son. Its going to open up a whole can of worms.
I went to my lawyer yesterday but Im not entitled to legal aid. Her fees are £200 per hour. Im thinking of representing myself. Ive already remortgaged my home to pay for past court cases with him....Anyone got any good solid advice they can give me. This is really quite overwhelming for me...

OP posts:
redbaren · 16/11/2011 20:06

Thanks Ive just bought it on amazon. My son has just told me his dad says he will be living for him for one week at a time,shareing it with me. He is so confident..he has not even bothered to ask ds if he wants to do that...he just presumes...Im sick of it all already and it hasn't even started yet.

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LineRunnerSaturnalia · 16/11/2011 20:14

I represented myself twice in the family court and it was fine. The ExH had a barrister.

The family court are aware that many men go for contact orders that they have no intention of ever fulfilling. You can use the opportunity- at his expense - to explore exactly how he sees his contact responsibilities.

You will need to copy those previous documents and submit them to the court.

I would also be careful as to what you place on your 9 year old's shoulders about this.

redbaren · 16/11/2011 20:38

Thanks for advice...yes its hard to keep whats going on from your children...
I spoke to a guy from www.familycourtsupport.co.uk/mckenzie.htm today . He played devils advocate and scared me!However he offers a good service of Legal drafting and Mckenzie friends and seemed to really know his stuff. He could see all my weak points instantly but I think that it would be good to get someone like him to assist me. Hes had a lot of experience in family law. His name is John Junk. I googled him and saw some positive responses...Has anyone had experience of his assistance?

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auntiepicklebottom2 · 16/11/2011 22:02

done alittle reasearch today and found this

I?ve done everything right but my ex keeps taking me back to court!

Some perpetrators use courts to harass their partners, cost them money, and stress everyone out (including the children). If they are caught doing this, they can be stopped by courts. Your solicitor can tell the judge that they think your ex-partner is being a ?vexatious litigant? ? in other words, using court to spite you, not to care about the children, and if the court thinks you?re right, they can insist that your ex-partner only gets a court hearing if he/she can convince a judge that they actually need one.

redbaren · 16/11/2011 23:33

wow thanks interesting!

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redbaren · 16/11/2011 23:36

wow thanks interesting!He is however trying to convince the court that he has a case by a whole list of elaborated events, documented over a year...

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Crazybit · 16/11/2011 23:52

Redbarren- I represented myself in court a few wks ago. Am on phone now but search for my username and the advice that I got on that thread may help. Will post properly when on comp :)

redbaren · 17/11/2011 11:31

Thanks crazybit!

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mustgetabackbone · 17/11/2011 11:42

I haven't read the whole thread, as making pancakes for ill ds!
However just wanted to say I have represented myself in court in a contact case. It was scary, but doable. I got help, oddly, by ex's lawyer on the day. I think she knew he was a lying mummy's boy who would never live up to his promises.
The judge was very nice as well tbh, although I was 38 weeks pregnant so was probably worried i would go into labour in his court room!

springydaffs · 17/11/2011 12:54

representing yourself actually gives you the chance to show where you're really coming from - you're not hidden behind the court machine, fronted by lawyers.

I was doing so well that ex sacked his team in the courtroom and represented himself. Thank you God is all I can say - he got to show where he was really coming from. Like you, pancake mummy, ex's lawyer was very supportive of me on the day.

Good idea to go in pg. Could you stick a cushion up OP? (sorry if that's facetious)

izzywhizzyspecanpie · 17/11/2011 16:02

For free legal advice call the Rights of Women advice line which is staffed by female barristers and solicitors on 020 7251 6577 Mondays 11am-1pm, Tuesdays and Wednesdays 2pm-4pm and 7pm-9pm, Thursdays 7pm-9pm and Fridays 12noon-2pm - their website can be found at www.rightsofwomen.org.uk

There also a possibility that the Bar Pro Bono Unit may be willing to assist or represent you - visit www.barprobono.org.uk

If you obtained custody in Italy you should ensure that all documents related to the case are transalated into English and authenticated if you intend to submit them to a UK Court.

I have not heard of the McKenzie friend you mention but, particularly in respect of child care proceedings, I would counsel you against taking into Court, or paying money to, an unqualified inidividual who has not been personally recommended to you.

redbaren · 17/11/2011 19:29

www.familycourtsupport.co.uk/service.htm

This is the link. I have spoke extensively to the guy all about the case and he seems to really know his stuff!
What do you think?

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redbaren · 17/11/2011 19:42

www.fatherslegalresearch.co.uk/clients.htm

Also about him...he does a lot of work for fathers but also quite a few mums...

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redbaren · 18/11/2011 12:58

Help...just received court dates...6th December. We also have a CAFCASS meeting previous to the hearing which my son has to attend.
Shit its all scary...hes made some allegations which sound on paper really bad...Now I have to throe in a few things what hes done. I dont want to appear like Im mud slinging, but I have to let them know what hes like. How do I put my view across without it looking like "tit for tat"?

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redbaren · 18/11/2011 13:00

Help...just received court dates...6th December. We also have a CAFCASS meeting previous to the hearing which my son has to attend.
Shit its all scary...hes made some allegations which sound on paper really bad...Now I have to throe in a few things what hes done. I dont want to appear like Im mud slinging, but I have to let them know what hes like. How do I put my view across without it looking like "tit for tat"?

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tablefor3 · 18/11/2011 14:05

How do I put my view across without it looking like "tit for tat"?

Stay factual, no emotional language (get a friend to review if necessary). Stay focussed on relevant point (don;t detour into your personal history)
Consider all the things that Ex might bring up, and then your version/counter-argument

Good luck. I think you'll do really well representing yourself.

Crazybit · 18/11/2011 15:43

Sorry, it's the first time I've been on comp and I'm rusing.

here is my thread.

If you pm me your email I can send you my position statement for you to look at for ideas if you like.

It is very very scary and if you can take a MaCenzie (sp) friend then do, I was on my own and it was horrible. However, it is doable as others have said and the judge didn't even ask me to speak, except to agree to something, which I did. My exs solicitor also helped me on the day! She also had a bitch about his gf Hmm. I'm back at court in February and will be 38 weeks pregnant. can't wait for that one.

redbaren · 19/11/2011 20:06

This reply has been deleted

Message withdrawn at poster's request.

springydaffs · 20/11/2011 00:33

yikes, don't post up your email address OP! Shock send a personal message - click message poster.

jasper · 20/11/2011 00:43

I know two people who represented themselves in court. Both started with solicitors but felt the sols were making a ton of money for a crap service.
Both won their case.
Good luck

springydaffs · 28/11/2011 23:21

How's it going redbaren? you on track?

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