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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

I work in Family Court/County Court - AMA

113 replies

lovemenomore · 20/01/2021 11:33

As the title says - I work in a County Court on mainly Family cases and sometimes civil matters - AMA!

I know there are a lot of court users currently being effected so AMA

OP posts:
Pebbledashery · 21/01/2021 19:13

@lovemenomore thank you really appreciate you taking the time to do this thread. I just hope I don't lose the fact finding. It's literally mirror allegations. How often do you see perpetrators take responsibility?

lovemenomore · 21/01/2021 19:28

@Pebbledashery

Are you representing yourself or do you have a solicitor?

Just be factual and don't waffle on the facts with speak for themselves.

OP posts:
lovemenomore · 21/01/2021 19:29

@Pebbledashery re taking responsibility- sometimes but it's when they know the case is stacked against them but these abusers are often in denial about how they are/would never admit it.

Don't worry judges are used to them!

OP posts:
Pebbledashery · 21/01/2021 19:30

Yes I have a solicitor and a barrister too. They've been astounded by his behaviour and the fact he's playing the victim. He's got an equally awful barrister and solicitor. His barrister is a pitbull :(

Pebbledashery · 21/01/2021 19:33

@lovemenomore i hope so. We had a terrible first hearing in front of a very inexperienced judge. As a result of his order cafcass wrote to the court multiple times because of the unsafety of the court order. We had an emergency hearing in front of a circuit judge who was horrified and disturbed what had been ordered.

Broadbeanssleeping · 21/01/2021 19:35

Curious, what are your views on cafcass?

lovemenomore · 21/01/2021 19:38

@Broadbeanssleeping

They are more that recently they refuse to appear in person and show support when due. Whereas counsel, judges, patents all attend even in this climate. I know it's their policy currently but if you're recommending the removal of a child then I think it warrants a person being in court rather than set in their home.

It's a crappy job though and I couldn't do it.

OP posts:
lovemenomore · 21/01/2021 19:39

@Pebbledashery

Do you have a non mol against him? You need to ask for a district judge. Ideally the last one you had for continuity so that he/she knows the case.

OP posts:
Pebbledashery · 21/01/2021 19:42

@lovemenomore is it OK if i message you as its a bit outing on here.. i don't want to high jack your thread as I know others will appreciate your advice too.

wejammin · 21/01/2021 19:51

I'm sorry but as a family solicitor who has done 10 years of legal aid work and now several years of privately paying work, your comments about legal aid are really misleading.

Parents in care cases get legal aid because the state is interfering in family life, and there must be parity of arms, which is the same reason why (in theory) legal aid is available in criminal cases. Legal aid in care cases is completely irrelevant of means and is not related to the fact that some of the parents don't have jobs.

I don't disagree that some parties may seek an injunction to try and access legal aid, but the availability of legal aid is dismal and miniscule compared to the amount of money it would save (and did save in the past) if properly accessible to those who need it.

OP I appreciate you mean well, and I have no doubt your job is very interesting as the 'view from the bench', but you're bordering on offering legal advice in some of these posts in relation to private law proceedings, which are very different to public law cases at high court level and need to be differentiated.

lovemenomore · 21/01/2021 20:51

@wejammin

Absolutely agree with your comments re legal aid I'm literally just commenting on the cases I've dealt with - tbh I don't get involved in that side so clearly have limited knowledge.

Defo not trying to give legal advice as I'm not qualified again just talking based on experience/what I've learnt based on the cases....

OP posts:
lovemenomore · 21/01/2021 20:52

[quote Pebbledashery]@lovemenomore is it OK if i message you as its a bit outing on here.. i don't want to high jack your thread as I know others will appreciate your advice too.[/quote]
Yes of course

OP posts:
Concernedmama1 · 22/01/2021 22:50

Would you say female judges are tougher on mother's?

And have you ever been on a case where both you and the judge thought contact was purely being sort in order to reduce maintenance? And if so what was the outcome?

Great thread by the way.

Vivenne · 22/01/2021 23:01

Have you always agreed with the judges decision? If no, is there any examples..

Nicknamegoeshere · 22/01/2021 23:05

When will Parental Alienation finally be recognised?

MummyofLennon · 30/01/2021 04:24

This reply has been deleted

Message withdrawn at poster's request.

Santaiscovidfree · 30/01/2021 09:26

My exh refused to leave dc with my new dh. Judge told him tough... Your dc will be spending time with his gf - hard as that is if she isn't a nice woman. Ultimately you ex can decide who is around your dc as he is also entitled to make parenting decisions for your ds. Keep a diary. Make notes if she is hostile or abusive.
Suck it up basically.. I also collected my new dh's dc. His ex didn't like it. She accepted it though.

MummyofLennon · 30/01/2021 10:57

Thank you @santaiscovidfree. The thing is, I have no problem with our son spending time with her, once he is in his Dads care then they are a family unit. I don't feel it necessary for myself to have to deal with her though and as I have been more than reasonable in offering to drop him off when his Dad is unavailable to collect him, I see no reason for the issue to be forced. I'll just have to wait and see. But I firmly believe what is in my sons best interest is just that he have meaningful contact, which I have never stopped.

TheNortherner · 30/01/2021 11:13

What do you think of the 3 stage divorce proceedings as in, is the second hearing of any use? Also do you think having a different judge at each stage is beneficial to the parties given how much latitude and how differently judges interpret the law?

Nicknamegoeshere · 30/01/2021 11:33

Wonder if you might find my account interesting?

Parental Alienation - A Mother's Story

One morning in March 2014, upon the advice of a solicitor, I left my now ex-husband with the hope (perhaps a little naively) that the abuse I had endured for many years - financial, physiological and emotional - would stop. Most importantly, I finally recognised that living in such a toxic environment was damaging to my two boys - just 3 and 6 at the time. Things would get better.

How wrong I was.

My ex-husband was awarded 50/50 care of the children despite my warnings that this would exacerbate the suffering of us all. I compiled a detailed 9-page document outlining in detail the abuse and control endured over many years. It was ignored. I was even told by a police officer to "show the bruises." They were not external.

My children are now 10 and 13 and both suffer with significant attachment and mental health issues. My ex-husband is now applying for yet more contact so he would become primary carer. Due to ongoing alienation to meet his own ends, this is likely to be awarded. The children have been so greatly manipulated over such a long period that the "master" has spoken through his "puppets". They live in fear of rejection so must utter his words and not theirs. Any meaningful contact with my boys will then further deteriorate until we may well not have any relationship at all.

Asides from the most damaging effects of coercive control, financial abuse also continues. Due to my ex-husband taking me to court repeatedly, we remain in privately rented accommodation which has been the case since I left. This case alone will have cost in the region of £35,000, if not more. I am no longer in the position to be able to buy a suitable property for my family as the divorce settlement money has been drained.

To date "professionals" involved in our case have included - but not limited to - the police, counsellors, Early Help, General Practitioners, Health Visitors, Cafcass, Clinical Psychologists, a Child Guardian, solicitors and barristers.

Not one has recognised Parental Alienation. Many have fully minimised our experiences. The perpetual cycle of abuse continues. Some days it is almost too much to bear.

As a loving mother, who has endured enough, there will come the fateful day when yet again I am forced to witness my beautiful children slipping further away into the control of an abuser. I grieve as if my children have passed away but with the pain of knowing they are still alive.

Change will come too late for us but I write this with the hope that it is made in time for others.

bounce89 · 30/01/2021 20:46

@Nicknamegoeshere

Wonder if you might find my account interesting?

Parental Alienation - A Mother's Story

One morning in March 2014, upon the advice of a solicitor, I left my now ex-husband with the hope (perhaps a little naively) that the abuse I had endured for many years - financial, physiological and emotional - would stop. Most importantly, I finally recognised that living in such a toxic environment was damaging to my two boys - just 3 and 6 at the time. Things would get better.

How wrong I was.

My ex-husband was awarded 50/50 care of the children despite my warnings that this would exacerbate the suffering of us all. I compiled a detailed 9-page document outlining in detail the abuse and control endured over many years. It was ignored. I was even told by a police officer to "show the bruises." They were not external.

My children are now 10 and 13 and both suffer with significant attachment and mental health issues. My ex-husband is now applying for yet more contact so he would become primary carer. Due to ongoing alienation to meet his own ends, this is likely to be awarded. The children have been so greatly manipulated over such a long period that the "master" has spoken through his "puppets". They live in fear of rejection so must utter his words and not theirs. Any meaningful contact with my boys will then further deteriorate until we may well not have any relationship at all.

Asides from the most damaging effects of coercive control, financial abuse also continues. Due to my ex-husband taking me to court repeatedly, we remain in privately rented accommodation which has been the case since I left. This case alone will have cost in the region of £35,000, if not more. I am no longer in the position to be able to buy a suitable property for my family as the divorce settlement money has been drained.

To date "professionals" involved in our case have included - but not limited to - the police, counsellors, Early Help, General Practitioners, Health Visitors, Cafcass, Clinical Psychologists, a Child Guardian, solicitors and barristers.

Not one has recognised Parental Alienation. Many have fully minimised our experiences. The perpetual cycle of abuse continues. Some days it is almost too much to bear.

As a loving mother, who has endured enough, there will come the fateful day when yet again I am forced to witness my beautiful children slipping further away into the control of an abuser. I grieve as if my children have passed away but with the pain of knowing they are still alive.

Change will come too late for us but I write this with the hope that it is made in time for others.

@Nicknamegoeshere Here to handhold, I've been in a very similar situation for the past 7 years. 50/50 contact was granted despite all the evidence I had and no matter what happened or how bad it got people just wouldn't listen to me because of everything ex said about me. Until one day someone did listen, this person changed everything for my family.

Keep going, keep fighting, things will eventually get better. Thanks

Nicknamegoeshere · 30/01/2021 23:59

@bounce89 Thank you so much. May I ask who finally listened and what did they do? I need to be as prepared as possible...

bounce89 · 31/01/2021 00:46

@Nicknamegoeshere
It was a social worker that the court had ordered to do a section 7 report. She was amazing and completely changed things for us, I just gave her my diary and copy's of messages and voice recordings and anything that could prove what was happening and she really listened to it and pieced it all together. My dc had been manipulated to say all sorts of things against me but she saw through it all.

Just be clear and calm when you try to tell people, don't bring up historical things as they use that against you unless you have the evidence to back it up.

One day your dc will see what the truth is and then he will lose all of his power.

sandgrown · 31/01/2021 07:57

You may not know this but I have separated from my long term partner . We were not married and as not in mortgage I have to persue my share of the house through TOLATA. I have been told the judge may not look favourably if we don’t try mediation first . We have had a “round the table “ meeting with solicitors which was fruitless. Would that not count as an attempt at mediation? Trying to keep costs down. Thank you

Bleughbleughbleugh12 · 31/01/2021 08:02

I was suprised, family courts saw straight through my controlling ex and actually told him off, is this usually the case?

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