Representing yourself in access case - is this a good idea or not?

[patspeed]

Hi

I have received a court summons for access by my X's solicitor

I was expecting it and think it might be the only option left to try to improve things for DS

How easy/hard is it to represent yourself?

Do judges look down on it, see it as disrespectful or is it common?

DS has special needs, so the thought of trying to get a solicitor to understand, then they deal with another solicitor who doesn't understand and then try to explain it to a judge............I think my head would explode!

I think I am reasonable and understand the importance of access, i'm not against him seeing DS at all, he just has to support his diagnosis and not undo the progress DS is making

I think it would be easier to speak for myself, am I mad or could it work?

bump

Hi Patspeed, you are not mad.
I'm assuming that what you have received are papers from the County Court and that your ex is seeking a defined Contact Order with DS?

Presumably you will have notification of the Court date which you should attend without your DS. At the first hearing, both you and your ex would have a meeting with the CAFCASS officer, (formerly called the Court welfare officer) an official appointed to deal with the case. Even if you or your ex had solicitors, they would not be allowed into the meeting with the CAFCASS officer. He/she would listen to your ex's reasons behind making the appliction (presumably you are not allowing contact or not enough contact for him?) You will then be asked to give your version of events/reason for refusing contact and you will be encouraged to reach an agreement with regards to this. If you are able to reach an agreement, then this will normally be drawn up and there will be no reason for further Court hearings.

If you are unable to reach an agreement, you will then go before the District Judge (DJ) who will then give directions (make an order) The CAFCASS will be ordered to make a report which will involve meeting with both you and your ex separately and will see you with your DS. (Depending on you DS's age he may be asked his opinion on contact with his father)
It is possible that the DJ may order that there should be interim contact between your ex and DS whilst waiting for the report as it often takes up to 12 weeks, sometimes longer depending on the area.

Once the CAFCASS has met with you he/she will prepare a detailed report with recommendations which will be filed at the Court and copies will be sent to you and your ex. You will then get the opportunity to write your statements and at this point, if you are still against Contact, you may need to consider instructing a specialist family lawyer who deals in Children Act cases. Up to this point, there is absolutely no reason why you shouldn't act in person and indeed, many people in your situation do as they simply can't afford to instruct lawyers.
If you are on benefits or a low income you may well be eligible for public funding (legal aid) so that is something you could consider.

Good luck to you

Hi, thanks very much mumoverseas

Sadly, we are in Ireland, so no CAFCASS here

He took me to court about 5 years ago, I had a solicitor then and found she made things worse, it was more like haggling wares instead of what's best for DS, then straight in front of the judge and X spoke over me and my solicitor anyway, luckily for me X's solicitor could see he was a twat, so didn't push for an access order, X has now parted company with that solicitor, which is a shame for us!

I'm still not sure how to deal with it, but my gut feeling is to represent myself but when I spoke to the CAB they told me a solicitor would 'run rings around me' in court

Hi Patspeed, not sure how things work in Ireland but I find it hard to believe that a Judge would allow a solicitor to run rings around someone who is acting in person.

Certainly in English Courts litigants in person get quite a bit of leeway and to be honest sometimes get away with far more than represented parties.

Good luck to you

Hi, I was litigant in person many years ago and it was fine. The clerk of the court is a helpful resource to find out about processes etc.
I made sure that i wrote everything down so that i could pick up on any specific details or inaccuracies.
The judge was very helpful and although my ex's solicitor did try a couple of things that he shouldn't, the judge was very firm with him.

I did end up using a barrister and solicitor in the end but that was much later in the process and only because my case became subject to a section 7 report (ex partner physically harmed dd at his first very short unsupervised visit.)

You do have the option of using a soicitor as an advisor and attending all the court dates as litigant in person.
So in other words you represent yourself, all letters etc come to you but you have a solicitor you trust whom you pay by the hour and go to see him/her for an hour or two before a hearing to run through any statements or concerns.

I've known several people who have represented themselves in family court, although this was in England and in all instances, a CAFCASS report had been done.

As you know already from being in court, the process is fairly straight forward. Some people are nervous about speaking in court, or scared about the process. And of course a solicitor is versed in procedure and law.

But if you feel confident, and want to represent yourself, go for it.

There is another scenario. As you know DS needs better than anyone else, it would be possible for you to have a solicitor and also explain his needs to the judge.

Thanks very much for the replies

I think I have made up my mind I will go by myself

I have left a message with the Clerk of the Court so hopefully he will fill me in more when I speak to him

The court date is not till the 17th June so I have time to prepare

I could really do without this hassle right now but it will improve things for DS - he better look after me very well when i'm old

good luck patspeed x