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Original poster

What if I can't attend court as a witness due to no childcare?

26 replies

TheYearOfTheCat · 26/04/2010 21:16

I am due to attend a High court trial as a witness (work related). I work part-time hours, and so therefore only have childcare on the 2 1/2 days on which I work. I don't have any other options for ad hoc childcare, such as family support.

I was informed on Friday that the trial has been adjourned again, for the third time, in as many weeks (all at the last minute). My DH has used all his available annual leave taking days off to cover my (non) court attendance to date, and can't take any more.

I have told the prosecution of my childcare situation, and have advised of the days on which I can attend. They are insistent that all witnesses are there on the first day of the trial.

Can anyone advise me where I stand as I can no longer be available on a Monday for the first day of the trial? My only option is to bring my 2 year old to court with me, which I am not prepared to do.

I'd be grateful for any knowledgeable advice.

OP posts:
AgentProvocateur · 26/04/2010 21:54

Gosh, I don't know, but I think you'd have to be there or risk being in contempt of court. Do you have a friend who could go to court with you and look after your DC when you were needed?

Otherwise, you might need to hire a babysitter and claim the cost back.

Sonilaa · 27/04/2010 10:31

is your child in a nursery?
my nursrey offers emergeny childcare for an extra fee.

rubyrubyruby · 27/04/2010 10:35

This reply has been deleted

Message withdrawn at poster's request.

scurryfunge · 27/04/2010 10:37

You will need to attend court if you have been warned.Don't bring your child to court either. Can your DH take unpaid leave?

mumblechum · 27/04/2010 22:01

Agree, if you don't turn up you could be in contempt and liable to imprisonment (although unlikely). You can never tell with judges though.

I'd ask whoever normally does your child care to work the extra day then claim it back as part of your witness expenses.

Northernlurker · 27/04/2010 22:06

You have to sort this out. It is your duty as a citizen to attend - and the law will obliges you to do so. You have a two year old not a new born - just fix something up and claim it as an expense.

Original poster
TheYearOfTheCat · 27/04/2010 22:54

Thank you for your replies. I agree there is a duty to attend. I am, and have been willing to do so. I have done so on 3 occasions to date, for court to be adjourned on the day on all 3 occasions.

My DH has no more leave to take. My CM can't do it (other mindees that day) and I really don't have any other options. It's not a matter of claiming it back, it is a case of not having anyone to look after my DC.

The thing is, I have explained to the prosecutor that I can be contacted by phone, and could attend court on the first day at 30 minutes notice however there is an insistence that all witnesses are present, waiting, in court. This is crazy. The trial is expected to last at least 2 weeks, and the court is requiring all number of professional witnesses to hang round court on a whim.

OP posts:
Ripeberry · 27/04/2010 23:03

That sucks , they don't live in the real world. They should have a court creche in this instance.

cat64 · 27/04/2010 23:06

This reply has been deleted

Message withdrawn

Original poster
TheYearOfTheCat · 27/04/2010 23:08

I can leave my DS with my 92 year old neighbour at a stretch. I couldn't do it all day, but she could manage about an hour or two.

A whole day would probably kill her.

OP posts:
MrsGokWantsatidyhouse · 27/04/2010 23:39

Could you use someone like Sitters?

violethill · 28/04/2010 06:39

You say it is work related - therefore, shouldn't you have alternative, flexible arrangements in place for such occasions, when you have to work outside your usual days?

I understand that it isn't easy, and I have had friends in similar situations, where they have regular childcare set up, but also have to have alternative arrangements in place because their work ocasionally requires them to work outside their 'normal' hours.

In this case, as you've been called as a witness, you would have to go anyway, so tbh anyone with children would potentially have your problem, if it fell outside normal working hours. You will just need to find alternative arrangements. Do you have a younger neighbour who could manage more than an hour? Personally I wouldn't be happy leaving an active 2 year old with a 92 year old!

I would also try to have arrangements in place should this kind of thing crop up again, as you say it's a work elated issue.

violethill · 28/04/2010 06:40

related!

HamblesHandbag · 28/04/2010 07:03

I would ring the courts and ask them about the system for witnesses to reclaim expenses. They are usually very helpful.

Pronoia · 28/04/2010 07:26

book an emergency babysitter/nanny and just expense it

babybarrister · 28/04/2010 07:51

This reply has been deleted

Message withdrawn at poster's request.

Original poster
TheYearOfTheCat · 28/04/2010 09:11

Thanks all.

Violet - This relates to something that happened 10 years ago - there is not normally any requirement for me to work outside my normal hours, so no, I wouldn't expect to have to have alternative arrangements in place.

I will contact the court to find out about witness expenses. Sadly sitters are not in my area, but thanks for the link anyway.

OP posts:
MrsGokWantsatidyhouse · 28/04/2010 21:45

That's a shame.

Is there a MNer in your area who might be able to help or perhaps you could start a thread asking if anyone can recommend a sitter.

BecauseImWorthIt · 28/04/2010 21:48

There must be a nanny agency in your area who could supply you with a babysitter?

Or failing that, you must have friends near by who could help you, or neighbours who have teenage children who would be prepared to babysit.

I can see you're irritated with the whole thing, but unfortunately you do have to attend.

NotanOtter · 28/04/2010 21:50

i took my baby - 18 months
It was fine to be honest - we had a little room to ourselves which had toys and stuff

charlieandlola · 28/04/2010 21:51

Why not take your 2yo with you if all you have to do is be there at start of trial for 30 mins ? Won't scar him for life waiting with you ( unless he is asd in which case I take it back) plus it will reinforce the point that you have no childcare.

mumblechum · 28/04/2010 22:00

I spend a lot of my time in court and don't really like to see children milling around, it's a very tense atmosphere, there are often arguments breaking out, and if your court is a combined criminal/county court there will be coppers around with defendants in handcuffs etc.

Some courts do have playrooms so if you're really desperate yu could check to see if there is a playroom and whethr it will be open (I've had to arrange for it to be unlocked when I've had clients who've brought kids with them)

NotanOtter · 28/04/2010 22:03

ask for a private room - we did - we had tea and coffee facilities and barely saw anyone else all week

mumblechum · 28/04/2010 22:13

Blimey Not an Otter, you must have been in a fab court building. Most (I'm thinking Slough and Reading in particular) are standing room only. It's like standing in a badly lit garage with lots of sweaty worried and aggressive people. There are two tiny conference rooms and usually 4 judges sitting each with about 10 cases so you can imagine!

NotanOtter · 28/04/2010 22:51

errr not that great but yes big and modern
northern city crown court

witness area had waiting room with maybe two private rooms off and then a number of ante rooms for quick chats with counsel etc

lovely waiting room with lots of sofas magazines tea and coffee etc and a screen with courts info on

there was more than one of these complete setups

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