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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:
DWPmisery1972 · 31/01/2021 08:12

Nothing to ask but I just wanted to say that when I was in family court, the lady that sat in front of the judge (I’m sorry I don’t know what your job title was!) was so lovely to me, she was the one to guide me to the courtroom when it was time and she even had tissues on hand when I got upset (husband tried to kill me to emotional case), so thank you for all you do :) She really made me feel less nervous through the whole experience Flowers

Pebbledashery · 31/01/2021 12:46

The last judge we were in front of was a high court judge and he categorically saw through my ex at the last hearing. It was almost bitter-sweet. The first time in his life he's properly lost control. He must've hated it.

Nicknamegoeshere · 31/01/2021 13:48

@bounce89 Ah that's awesome Smile We were given a Guardian but she hasn't even spoken to the children.

Nicknamegoeshere · 31/01/2021 13:49

@Bleughbleughbleugh12 Was he physically violent?

Bleughbleughbleugh12 · 31/01/2021 15:04

@Nicknamegoeshere nope! I’d say the least obvious kind, controlling, ruining self esteem until none left, gas lighting etc

Nicknamegoeshere · 31/01/2021 17:09

@Bleughbleughbleugh12 So how did you get the judge to see it? My ex is the "perfect gentlemen" you see. And the fact that I am worn down will be used against me.

Bleughbleughbleugh12 · 31/01/2021 17:13

@Nicknamegoeshere I didn’t do anything! They saw for themselves. I just let him perform as usual, ignored all the game playing and pettiness ( as did the judge ) although I will say CAFCASS were shit and I did have to stand up to them

Nicknamegoeshere · 31/01/2021 17:16

@Bleughbleughbleugh12 Sane here. But my eldest is now 13 so it's too late for me to get a good outcome.

Nicknamegoeshere · 31/01/2021 17:16

*same

Sanchez79 · 31/01/2021 17:54

OP if you're a clerk you obviously play a crucial role in the justice system and will no doubt be able to offer a fascinating insight into the culture of the courtroom, but you're in no way qualified to be commenting on legal aid, Cafcass, the judiciary's expertise in seeing through abusers etc.

Sanchez79 · 31/01/2021 18:00

I also think it's really unethical of you to be welcoming IMs, if you do do this then at least make clear to other posters what the nature of your role is.

Lochroy · 01/02/2021 11:05

OP, I'm just interested in the workings. Won't ask any qs on legal aid and stuff which I guess might not be what the OP came to post about.

OP, what's your background and how did you get into it? It sounds fascinating.

Skeptadad · 01/02/2021 15:59

@wejammin

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.

I am curious.

How can legal aid be miniscule when the person applying only has to meet one of the LASPO criteria which can and does include a form of self reported evidence? GP letter?

I now have a domestic abuse worker but my ex, I would say fraudulently claimed legal aid. I would now be able to ask my domestic abuse worker to write me a letter and satisfy the LASPO criteria. It's very very apparent that legal aid is being exploited.

And no one can tell me any different because like I have said in the past, if someone can claim legal aid against me they can claim it against anyone. It must be open season if you know what you are doing!

CursedBlessed · 01/02/2021 17:21

Hi there, I know I've missed this by a few days... This may not be the AMA that your looking for. But I really don't know where to begin, let alone which sort of legal person I should see for advice. Sad

Close family is going through an issue with their parenting, relationship and the kids. I'm DA. It hasn't reached court YET, but I'm guessing it'll head there. Social workers are involved on both sides while they are trying to sort out whether parents are fit. I'm caught in the middle, tried to support dB and kids mum. It's constant back and forth between them clearly trying to twist family into sides. Both of their behaviour could be better.

In txt msg to the mum, I've replied based on stuff she's told me about dB and she's planning to use what I've said about dB based on stuff that she's told me he's supposedly done. He's sent similar messages saying stuff she's supposedly done. Caught in the middle trying to make them see sense. The pair of them keep this up and as far as I can see it- they'll both lose parental responsibility. It's not a good environment for the kids, hence social workers being involved and children are still on the at risk register.

As far as I can see there's emotional abuse, manipulation, and possibly physical abuse involved on both sides. My messages are solely based on stuff that she's told me and stuff he's done...he didn't play ball with her and now she's gone to see a family lawyer to use what I've said against him. Can she do this, especially since I'm only responding to the stuff that both of them are saying each other has supposedly done.
Can she use my messages based on her hearsay against my dB?
Should I get legal advice?

Sorry its long-haven't been on here for a while. Thanks!

PresentingPercy · 02/02/2021 01:00

I’m not anything to do with this but - why get involved in writing? Just asking for trouble! Let social services deal with it. There will be better evidence than your ill judged responses. The children will be central to any case, not your musings.

Nicknamegoeshere · 03/02/2021 11:24

I don't qualify for Legal Aid because the abuse I have suffered for years has been everything but physical. So you can't provide evidence of this.

Skeptadad · 03/02/2021 12:13

@Nicknamegoeshere

I don't qualify for Legal Aid because the abuse I have suffered for years has been everything but physical. So you can't provide evidence of this.
You don't need any actual evidence for legal aid. Trust me. I am living proof. I have never been arrested, I have never been in trouble with the police, I have no criminal record, I have no non-molestation order, my ex has never been able to take it to fact finding as the judge doesn't believer her and the Section 7 recommends Shared Care (because everyone aside from the legal aid agency knows its nonsense (and even they I suspect know it's nonsense).

You need to look at the LASPO requirements and you would qualify with:

  1. A letter from your GP
  2. A letter from a domestic abuse agency

I suggest you find a legal aid Solicitor who will know how to hook you up with your "evidence".

Sorry if I sound totally jaded. But I am.

I am sorry you were in an abusive relationship and I hope you manage to get the help you need.

Nicknamegoeshere · 03/02/2021 14:38

@Skeptadad How can a GP provide "evidence" unless it's physical abuse? I've spoken to mine a million times re causes for my anxiety but can't prove it was because of psychological/financial/emotional abuse?

Nicknamegoeshere · 03/02/2021 14:40

@Skeptadad Im sorry for your situation too. If Shared Care was recommended why can't that happen?

Skeptadad · 03/02/2021 15:03

Well, can a GP write in a circumspect way to "whom it may concern" that X has been in multiple times to discuss anxiety cause by the behaviour of Y. As a consequence she has been prescribe A,B,C and referred onto mental health services?

Can you not prove financial abuse? I have been able to prove it didn't happen (bank statements where I am transferring her money). If you think creatively it can be done. You would be surprised!

I would try Women's Aid if you haven't already. I suspect they are also good at helping women to obtain legal aid. I even read an article about a Solicitor who was paying a domestic abuse agency referral fees!

Nothing happens when you have an intransigent ex who ignores court orders.

Sanchez79 · 04/02/2021 09:02

Nicknamegoeshere, you are far from alone in not being able to secure legal aid. Despite some of the claims made here, it is well established that the DA exemptions are not working well. And I say that as somebody who in works in a fairly neutral role and gets to see the whole spectrum of public and private law work.

The OP in particular has completely misunderstood how legal aid works in the public law domain so please don't let that influence your thinking.

Skeptadad · 04/02/2021 11:02

Taken from the Ministry of Justices report:

"What is the most straightforward way for victims to evidence their domestic abuse that can
be easily verified by family legal aid providers/Legal Aid Agency?

not limited to:

  • A letter from a domestic violence accredited solicitor, charity or domestic
violence support service.
  • A victim’s sworn statement; self-referral to a domestic violence support
service; evidence of seeking support from a domestic violence support service.
  • Evidence of police involvement, such as callouts; reports; Police Information
Notices (or PIN notices)7 ; warnings issued; crime reference numbers; referrals to domestic violence support services.

The police sometimes issue warning notices - referred to as PIN notices - to individuals where there are
allegations of harassment. These notices (sometimes called Harassment Warning Notices or Early Harassment
Notices) are not covered by legislation, and don’t themselves constitute any kind of formal legal action. One
reason the police get people to sign these notices is to show in possible future legal proceedings that a suspect
was aware that their behaviour would count as harassment. This is important because the offence of harassment
occurs where there has been a “course of conduct” (not just one event); and the perpetrator knows or ought to
know that their conduct amounts to harassment.

  • Anecdotal third party evidence, such as a sworn statement/witness
statement/a letter from relatives, friends, neighbours, school teachers or other people in the victim’s social circle.
  • Social media, such as text messages; emails; photos; diary entries of
harassment, threats or acts committed.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719408/domestic-violence-legal-aid-research-report.pdf

Anyone with a few firing neurons could orchestrate that evidence. Maybe I am an outlier but it doesn't do much for my faith in the system when I read that.

nevernotstruggling · 04/02/2021 19:05

It's true what pp have said about care cases and legal aid. You don't need to be means tested for it in public law care proceedings.

Nicknamegoeshere · 05/02/2021 10:03

@Skeptadad Well ex doesn't have to pay any maintenance and he's a Chartered Accountant so no chance of that! Hence why we will always be in rented whilst he lives in a huge five-bed with four sports cars and a hot tub!!!

Nicknamegoeshere · 05/02/2021 10:07

@Skeptadad I have had police involvement including when he tried to take my car from the drive (with a spare key he refused to return) and trespassed onto my property, banging windows and hurling abuse. It's a civil matter. Apparently.
I now have to pay for mediation with him. I'm genuinely terrified.

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