Ex takin me to high court

[happysoul1980]

Had first court hearing today !, me ex didn't agree with anythin , I tried to compromise but he wasn't having any of it :-(. He was rude to judges / usher , he had no solicior and thought his gf could do all the talkin for him , she wasn't allowed in , he wants 50/50, even though I have brought them up alone for 10 years , he has them every other weekend , and in the week , my youngest doesn't want sleep over and he won't come collect her the next day said he won't be used as taxi so I have to now drop her off , I'm really scared , I don't want to lose my children , they won't cope with 50/50. He was really horrible about me , I'm scared of goin to high court , anyone been though this ? Could do with some advice x

How has he got it into the high court??
It sounds like he's an amateurish bully who hasn't helped his case. If your children are over 10 and have seen him at weekends forever there seems no reason why he would get 50/50.

What makes you think it's going to high court?

The judge will see through him, they’re not stupid. They’ve seen it a thousand times before. If your dc are over 11(?) could be wrong, they’d have a say in if they want to see him more/less.

It won’t be ‘high’ court it will just be the next steps in the family court which means you will need a barrister and there will be a formal hearing. Sounds like the same first hearing I had with my ex which was like mediation where the judge attempted to get us to agree but we went onto the next stage too. Depending on the ages of your DC they usually appoint someone from the court to spend time with your DC in a very informal way , relaxed and usually in your home and there report usually forms what the judge will agree too next

Depending on the ages of your DC they usually appoint someone from the court to spend time with your DC in a very informal way , relaxed and usually in your home and there report usually forms what the judge will agree too next

Unlikely unless there are significant safeguarding/welfare issues and as contact is happening and the dispute is over the amount of time, I doubt Cafcass would be involved beyond the first hearing (they also wouldn’t normally see a child at home either, would be in a neutral place like school).

If you’ve had these arrangements for ten years, OP, I can’t imagine the court will change this unless there’s a very good reason to.

The court did meet with my DS and there wasn’t any safeguarding concerns. It was part of the court process when moving to the next stage. They have to write a report and usually meet the children concerned to do so. Obviously others may have different experiences but that was mine and my DS was only 4

It’s Cafcass who meet with the children, not the court... and I don’t know when your hearing was, but their work now is mostly limited to where there are welfare concerns or where the parent is seeking approval to move the child away. They simply don’t have the resources to do any more than this. In the OP’s case if it’s as she reports and the issue is over the amount of time the children are with their dad, I doubt very much that the children would be spoken to.

Sorry I meant to say a court appointed person. I can’t remember what they were called but they saw my son at my home and wrote a report for court .

That’s Cafcass’ role in England and Wales. Nobody else would do that.

Cascaff don't need to speak to them so it's just the next stage where the judge will decide , it's a 3 hour hearing , the usher said the kids live with me he said at the moment !, I'm so scared , I had to find a barrister, I can't believe how he was about me , my only concern it's the welfare of our children , my youngest is 4 and doesn't want to sleep over , he said I was stopping the child but y would I when the 9 year old goes , what ever I tried to comprise with he just added more so nothin was ever going to be solved , I now gotta a month of sleepless nites worrying that I'm gonna lose them

Please try and get some proper advice. As others have pointed out it's not in the Hight Court (most likely the magistrates court), and the usher is there to tell you when your case is called on so it won't have been the usher who said that.

It sounds like you're totally bewildered about the court process, which isn't helping you see clearly.

It's still the family court but with barristers etc now , it's a 3 hour hearing , with position statements etc , he neva even lived with me , was always working or in pub and now he doin this , the children don't even want to go ,

You really need to get proper advice. Was the hearing in from of magistrates (usually 3 sitting together?) Was there a CAFCASS letter? Were you interviewed by CAFCASS at court?

Yes had cascaff interview over the phone

If s judge it’s likely to be county court. Tbh this is better than magistrates and will enable a sensible decision

It won't be county court! It's dealt with in family courts by a judge

ooh yes they have renamed since I did court clerking so it’s the family court side of the county court

No, they weren't re-named. An entirely new Court, the Family Court, was formed. The Family Court has judges from Tier One magistrates all the way up to High Court judges, with district judges and circuit judges in between. Most new child cases start at Tier One level, but are allocated to more senior judiciary if appropriate.

The County Court is different.

The Family Court sits in physical buildings called the Magistrates Court or the County Court, plus various locations in London, and the various regional divorce centres.