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first direction hearing - residence

3 replies

westienoo · 03/03/2010 01:30

Hi

Finally decided that it is in the kids best interest to go for residence can't really afford a solicitor so will be self rep.

Can anybody offer advice what to expect what I need to take with me etc.

Older kids and ex husband have offered to come with me to offer moral support is this a good idea, feel really nervous and a bit scared

cheers

OP posts:
Sassa · 03/03/2010 10:00

The courts are used to parties acting in person. Don't be afraid, you will be guided accordingly. the court will not like to see you being bullied or intimidated by an opponent.

Best regards

Harjit Sarang

westienoo · 03/03/2010 11:00

thanks I know we all say are ex's are evil but mine is, he has already started to dig as much dirt as possible the children are really destressed and he is now refussing access saying i put words into their heads

but thanks for the kind words

OP posts:
prh47bridge · 03/03/2010 12:29

If he is digging dirt and refusing access that could help you. The courts generally don't like parents who do that. Most of the dirt he comes up with is likely to be irrelevant anyway. It doesn't mean you'll get residence, of course.

As Sassa says, the court will help you if you are representing yourself.

The directions hearing should be short. The object is to clarify what issues are in dispute and/or need further investigation. It should come up with a timetable for dealing with your case. It is possible the court will make an interim order if they think an immediate decision is needed in your child's best interests, but that is unlikely.

You may be expected to make an opening statement. This should be a simple, clear explanation of why you are applying for residence. It doesn't need to be long. You could simply read out what you put on Form C2 regarding your reasons for applying and plans for the children.

Don't worry about legal niceties. As long as you are polite and respectful to everyone (including your evil ex, I'm afraid) you will be ok.

Make sure any questions you ask are not long winded. Similarly, if you are asked any questions, make sure your answer is not long winded.

You can ask the judge for assistance with anything you don't understand. If your ex has a lawyer, the judge will not allow the lawyer to intimidate you. Indeed, the judge will make sure the lawyer explains everything to you clearly.

You need to get the court's permission if you want to take a friend or relative into the hearing to give you support.

Your supporters can't give evidence unless the court has given them permission to act as witnesses. If they are witnesses they will not be able to sit in the court until after they have given evidence. You probably won't be calling witnesses in the directions hearing but bear this in mind for later hearings.

Good luck.

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