Self representing at a fact finding hearing

[Iristhebutterfly]

My allegations of domestic abuse are going to a fact finding hearing and I am hoping he gets a finding made of coercive control amongst others. I am currently self representing. How important is it to have a barrister at such a hearing or is it something I could represent myself successfully at? The cost just looks so expensive but I guess the outcome is important. If this finding is made how will it impact future child contact decisions? At the moment he is only allowed video contact 3x a week.

If you are comfortable representing yourself, go for it. People can and do successfully represent themselves at such hearings.

@IristhebutterflyBarristers don’t all cost the same. A very young just qualified one is much cheaper than a long established one. What does your solicitor recommend? What barristers do they use and what price have they quoted? Of course you can self represent but it can be stressful.

Thanks. I'm self representing currently so don't have a solicitor and wouldn't be able to afford/ justify their extortionate fees for essentially admin that I can do myself. My query is about whether a direct access barrister would be worth it just for fact finding. Or whether coming up with a list of questions myself is likely to hold enough weight to get allegations proved. Presumably the court would allocate someone else to ask them for me or the judge would, rather than me having to question him myself?

@Iristhebutterfly No idea! The best barristers are in chambers and many are not direct access and expect a bundle from their instructing solicitors. They cost money for a reason. They are better at doing the job than you are after years of training. Why should they be cheap? I’d carry on and see how you get on.

A fact finding hearing is extremely important in determining child contact and in my experience judges err on the side of caution when it comes to findings of fact. If you can afford a barrister I would 100% get one.

There is a saying, OP, that the lawyer who acts for himself has a fool fo a client. It’s almost impossible, though people do manage it, to keep a calm, clear and objective head when involved in stressful and personal matters. Particularly here when the issue is coercion

Asking questions doesn’t prove anything. What are you going to do with the answers? The court won’t allocate anyone to act for you. The judge won’t act as your advocate because that’s not his / her job. You will also have to make submissions on the evidence to the judge.

I’m puzzled why you refer to the hearing as “just” a fact finding hearing. It’s extremely important and central to your case.

I don’t know how close you are to the hearing but you could contact FRU the Free Representation Unit

If you represent yourself, you advocate for yourself. There’s no one doing it for you. So yes, you would be questioning him. This is why a barrister makes sense but you think they just do expensive admin………

Thanks. I thought that the court allocated a QLR to ask questions for litigants in person but that I would have to provide the list of questions? And the answers would be interpreted by the judge.

I haven't referred to it as 'just' a fact finding hearing but asked whether I should get representation for just that part of proceedings given it is the most important. I have managed fine as a litigant in person at the first 3 hearings and written the first 4 statements myself, and got an interim NMO/PSO/OO in place. I will put the stott schedule and next statement together and additional evidence together myself and the bundle.

I thought, where there's domestic abuse allegations that the court will appoint you a QLR..qualified legal repesenative as it isn't ok for you to have to cross examine your alleged perpetrator.
In all honesty, fact finding hearings are so tricky id advise a barrister if you can afford one.

Edit. You sound very clever and knowledgeable to have done so much on your own thus far. The court knows people have to self represent so if you feel ok doing that then do so. I've not observed a fact finding hearing with LIPs so cant comment on how it actually 'looks' with a QLR.

You may be entitled to a QLR but they don't do anything above asking the questions.

If you can even get a QLR appointed. In my experience they never find one and the judge asks your questions.

my advice. Get a barrister

I’ve worked in the family courts in private law for eight years and if I was ever in the situation of being a party to proceedings, I could represent myself for some aspects, but there’s two hearings I would do all I could to get representation for - a finding of fact hearing and the final hearing. While the courts are tasked with doing their best to remove any disadvantage for litigants in person, in reality I do think it makes things very difficult especially if the other party has representation. And yes you’re supposed to have a QLR to put the questions on your behalf but getting one is easier said than done in much of the country and the judge may well end up asking your questions if you’re in person.

Hi OP, I’m in the exact same situation as you. Feel free to PM me. I think I’d get a DA barrister if you can afford it but I am in a similar situation that I cannot. I also question that if the allegations can be proven, they will be by the evidence. The questions are for the QLR as you mention.

Hello @Darkershadeofpink and @Iristhebutterfly did you end up being a LIP in the FFH? Found your thread as I may face the same position.

I’m already a LIP after spending an enormous amount previously. I think I’m not doing a bad job and am honestly disillusioned with some of what a lawyer/barrister may do better and at what cost but seeing these posts is scaring me.

Hello ML42, I have prepared most of paperwork myself and got a direct access barrister. I decided to draft as much as I could as no one else frankly is in my head and experienced it like me. But I feel I messed up some documents by not knowing some rules and how to present things. Some evidence seems inadmissible even though I thought it would be important. I am finding it retraumatising but like not being ripped off and the agency to do things myself actually. It’s hard. I would get a DA barrister for the fact finding. The closer it gets the more I started to feel I could not present it all and do the cross examination wuestions for QLR and how woyld they ask them. I also feel this visceral relief at a professional kind of taking over. If that makes sense.

@Darkershadeofpink thanks for answering
looks like even direct access would be close to 10k though
I’ve already spent 40k on legal before and sole provider for the kids no assets, nothing…right now praying they don’t go with a FFH just because it seems like an impossible situation to be in.