I work in Family Court/County Court - AMA

[lovemenomore]

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

@Stealthynamechange

Hi Really interesting thread. What sort of contact arrangement would you suggest for 4 year old, dad works fri/sat/sun mum flexible hours mon-fri, school is 0.5 miles from mum, 18 miles from dad (45-60 mins drive). Past 2 years 4/7 with mum. Ive seen cafcass & awaiting court date. Trying to think of as many options as possible!

Hi @Stealthynamechange

You would need to speak with Cafcass for proper advice but I am guessing based on experience that the Judge would work out a timetable - have you got some options written down that you think would work that you can present to the Judge? Do you have a solicitor? Surely Dad can see the child during the week then? Pick up/drop offs done by him?

OP I'm really grateful for this thread. We are going through legal proceedings at the moment to adopt our son. It has been held up for months as the court guardian from CAFCASS decided birth father needed a cognitive assessment. He is now being appointed his own guardian and we are waiting on a further court date. Reading your post about dates being held up to 2023 has worried me. Are we really going to be waiting this long for the adoption order to be granted? Thank you.

@poppet31

OP I'm really grateful for this thread. We are going through legal proceedings at the moment to adopt our son. It has been held up for months as the court guardian from CAFCASS decided birth father needed a cognitive assessment. He is now being appointed his own guardian and we are waiting on a further court date. Reading your post about dates being held up to 2023 has worried me. Are we really going to be waiting this long for the adoption order to be granted? Thank you.

Hi @poppet31

No I doubt very much you will be effected - they have opened lots more nightingales and 2 in my area recently so I think that 2023 date will change.

Have they said when the assessment will be? Ask them to book in a date following that assessment completion now so you have it booked in.

Burning question I have also OP. Have you seen people lose it in Court? In the witness box when giving evidence? Fully expecting my ex to lose it when he's cross examined at our fact finding.

@Pebbledashery

Burning question I have also OP. Have you seen people lose it in Court? In the witness box when giving evidence? Fully expecting my ex to lose it when he's cross examined at our fact finding.

Oh yes all the time!

One case the guy was nice as pie on the stand and being polite to the judge and playing the model father, despite stacked evidence against him. Once he was sentenced he acted all shocked (I mean if your solicitor is any good they should forewarn you of the possibility!) and the abuse that came out of his mouth towards his ex was unbelievable - I am surprised the judge didn't add more time on to his sentence for that!

Most family barristers will try very hard to take the sting out of mouthy clients. They know it’s not going to get their client anywhere. Eg threatening the other party, shouting, denying the blindingly obvious etc. They know judges won’t like it. It’s a good reason for getting a barrister.

@Stealthynamechange we did it in court without solicitors, I made an offer of one weekday and every other weekend and he accepted and the judge accepted and then disregarded the fact finding as we had come to an agreement and we have stuck to it since (4 months in) if that helps. Write up some offers and give them to your solicitor if you have one and see what they say, if you don’t then write up what you’d like and then negotiate.

Thank you, good to hear its working for you, exh works weekends so we can't do that. I've suggested lots of different options but he has declined them all. I'm concerened about what a court would advise in the circumstances, e.g that they would say ds with him all week despite significant travel.

@Stealthynamechange I had to argue with the judge for it (which wasn’t my finest moment I must admit) but I got what the kids needed. Even if you just figure out 1 night a week for now- just so your kids can get used to the staying Over part, that might be a good place to start

I based the answer I gave on what I had experienced

But you've misunderstood what you think you've experienced - you stated that technically only DV and criminal cases are entitled to legal aid as standard but that 99% of care cases get it because the parents are unemployed, low income etc.

That's not correct, care cases are considered to be one of the most draconian state interventions in private family life so legal aid in those cases is not means tested. You could be a millionaire and still get it.

@Sanchez79

I based the answer I gave on what I had experienced

But you've misunderstood what you think you've experienced - you stated that technically only DV and criminal cases are entitled to legal aid as standard but that 99% of care cases get it because the parents are unemployed, low income etc.

That's not correct, care cases are considered to be one of the most draconian state interventions in private family life so legal aid in those cases is not means tested. You could be a millionaire and still get it.

Again I based the answer on my experience - I haven't yet come across any millionaire families about to have their children removed.

And as I said I am not legally qualified - you dont need to be to do my job. I also said 'technically'.

Hi OP. Please could you tell me more about what happens with ordered psychological reports in family court? What kind of thing do they encompass? Thank you.

Also, if an abusive father has been told to stop making court applications why does the same judge allow it to keep happening? You might not know much about that one but any insight would be appreciated. Thank you.

@FlatteredRhubardFool

Hi OP. Please could you tell me more about what happens with ordered psychological reports in family court? What kind of thing do they encompass? Thank you.

Also, if an abusive father has been told to stop making court applications why does the same judge allow it to keep happening? You might not know much about that one but any insight would be appreciated. Thank you.

They encompass an assessment based in a letter of instruction agreed by the parties. It's case by case with a background profile included.