Representing myself In Family Court - Any Advice

[bigmummal1]

I have decided to represent myself in Family Court this coming Wednesday as I no longer can afford to use my Solicitor.

To cut a long story short my ex partner took my DS 3 weeks ago and refused to return him. He has parental responsibility, but I obtained legal assistance and a letter was sent asking him to return my DS which he did, but I wanted to proceed with matters anyhow as as I would like to gain a residence order. My solicitors completed the form and I went to court last Wednesday, but it was adjourned as they wanted a CAFCASS Officer to be there.

I am now representing myself as costs have mounted up to almost £1,500 already and I was wondering if anyone had any similar experiences or had any advice.

A mckenzie friend would be able to assist you.

Hi bigmumma, in family proceedings it is not uncommon for parties to act in person. From what you have said, your case is very straightforward so hopefully it may be resolved at the hearing on Wednesday.
In relation to these type of proceedings, there is the 'no order' principle in that the Court will only make an order if it is in the best interests of the child and if there is a dispute. Technically, if there is no dispute with your ex that your DS will reside with you, then there should be no need for a Residence Order in your favour. However, given the recent history, ie your ex took him and it took the involvement of solicitors to get him returned, you clearly want and need the security of a residence order. With this, if your ex were to do this again it would be far easier for you to seek to have your DS returned, eg you could contact the police who would hopefully get involved instead of brushing you of with 'its a civil matter, go see a solicitor'.

At the hearing on Wednesday, you and your ex would both attend a meeting with the CAFCASS officer. Even if your ex has legal representation, his lawyer would not be allowed into this meeting, so you would not feel disadvantaged by being in person. You would be asked why you are seeking the order and you would simply explain that you and your DS need the security that it provides, in case your ex tries taking him and not returning him again. Hopefully, you may be able to agree in that meeting that you should have an order and if so, an order could be drawn up and approved by the District Judge (DJ)

If you ex will not agree to this, then you would then go before the DJ who would then order CAFCASS to prepare a report which would involve meeting with both you and your ex separately and at your homes. You may be seen with your DS, depending on his age. The report will then be filed at the Court (usually within 12 weeks although in some areas it can take longer) and once you and your ex receive a copy of this you will have the opportunity of filing statements in support. The CAFCASS will give their recommendation in the report. The matter would then be listed for a further hearing before the DJ.

To be honest, I know quite a few people who have acted in person up to the stage of the report being filed and then depending on the contents, made a decision as to whether to instruct a lawyer. Hopefully, it will be resolved very quickly so you will be able to represent yourself throughout.

Alternatively, as IloveTiffany suggests, you could take a mckenzie friend with you. This is basically a layperson (unqualified assistant) who could attend the hearings with you and speak on your behalf. There are various groups around that can assist with this and you should maybe contact your local CAB or the County Court where the application is lodged to see if they can recommend anyone.
Good luck

Thanks ILoveTiffany & Mumoverseas, your advice is much appreciated. I definitely feel more confident now. I will state my reasons for wanting a residence order on Wednesday and hopefully this matter be resolved soon.

My ex has been threatening to take me to court to obtain further access to the dcs, as far as myself and my Solicitor can see he has no case but is trying bulling tatics.

I have now used up all my cash reserves in fighting his threats and now find myself in a position of being unable to unable to further pay my solicitor.

Am I mad for even thinking I can represent myself should we go to court?

or is it actually possible to do it with a mckenzie friend?

All advice is greatly appreciated.

TIA

Sorry but having gone through the court system last November I cannot agree with the advice given here as it does not portray full and true picture.

There is no automatic ordering of any CAFCASS report and without legal representation you are in no position to argue whether you want or need one or whether you do not see the need for one. You need someone representing you.

However, legally aided barristers are not overly useful in that your pre court time with them is very limited and it is not sufficient to prepare your case.

The issue of a residence order is very high here as the OP's partner, who she states has parental responsibility, has essentially abducted the child.

I fully appreciate that there may not be money to pay for these things but either you can pay or you need to be assessed for legal aid.

In many ways, it is very like a divorce. The lawyers like to spin things out and then argue in court as that is how they make the most money. They will try to keep you away from each other as your discussing the issues and coming to an agreement only serves to curtail their fees.

I do agree that you seek arbitration and come to an agreement. At that stage, you can get it legally drawn up and agreed by the judge. The simple fact is that you cannot do it alone without enormous support and a lot of work on your part over a lengthy period of time. You do not have that time due to the previous abduction and you need some assistance.