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Court in 2 days

SJP

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Looking fie help again, sorry. I'm due in court on Thursday, but it looks like I'm not going to have a solicitor or barrister now. I was hoping to have legal aid in place as my solicitor was very confident of this, or so they've been telling me for 6 weeks. Well, yesterday I got the email saying it had been refused because my GP had told me to self refer to counselling services as it is quicker to get appointments that way instead of them referring me which takes longer. That's the reason it's been declined. I will appeal but it won't be done for Thursday. The solicitor now wants £1220 to cover a barrister and put together my bundle which I just don't have at the minute due to not working for 3 months, I don't mind self representing as its not a final hearing but I just don't know what I need to do. Do I have to do a bundle myself? I wouldn't know where to start, my solicitor has been absolutely no help whatsoever and has been charging me fortunes just to be a go between for me and ex. I'm really stuck here Dads so any help would be greatly appreciated. I just don't know where to turn. I only have 2 days to do anything but not a clue where to start. Please help if you can. Many thanks
 
The bundle is the just a list of documents/evidence you want to present. If you can have separate attachments and confirm what each document relates so can be easily pulled up if needed on the day.

I'm assuming there's no parenting plan agreed with ex at this stage. From prior post this is to decide if there will be a s7? So this could in theory be resolved but from prior posts more likely you'll head for a s7.

I'll defer to others but with the documents you want a summary letter/email of what you want to achieve and significant concerns you have. But try not to make too many allegations and keep child focused. One page of A4 would suffice.
 
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The bundle is the just a list of documents/evidence you want to present. If you can have separate attachments and confirm what each document relates so can be easily pulled up if needed on the day.

I'm assuming there's no parenting plan agreed with ex at this stage. From prior post this is to decide if there will be a s7? So this could in theory be resolved but from prior posts more likely you'll head for a s7.

I'll defer to others but with the documents you want a summary letter/email of what you want to achieve and significant concerns you have. But try not to make too many allegations and keep child focused. One page of A4 would suffice.
Yes, this is to decide if s7 is required after cafcass report. I just don't have a clue how to start. Do I need to contact court prior to hearing for anything or just turn up? Do I send a position statement? Can I do any negotiation before court as to gain more contact with my son assuming ex isn't represented either. I'm happy to try and go to compromise and let school keep an eye on things with the children as they have been. I just don't think she'll agree to compromise at Al although she may agree to extra contact as she'll want more time with our daughter.
 
Don't panic! If you have to self-rep it's not the end of the world. I can't remember where you are in the process. Is this a First Hearing Dispute Resolution Appointment (FHDRA)? Dispute Resolution Appointment (DRA). Fact Finding Hearing (FFH) or Final Hearing (FH)? The process is all about gathering information to help the court make a decision. I think representation really comes into it's own at the Final Hearing when you're trying to hammer out that Child Arrangements Order. But I haven't quite reached that stage yet.

What does it say on the court letter you should of received with all the details of the hearing? Have you actually you been instructed to compile a paginated Digital Court Bundle?

The process for compiling a Digital Court Bundle is quite straight forward when you get your head around it. I know from experience that it's not easy to get your head around anything new and relatively complex when it's spinning from all the turmoil of this experience. I think I've now got through the struggle and mine is now all ready for next week, so you wont have to worry, I'll share what I have done with you.

A Digital Court Bundle is a pack of all the relevant case documentation. Composed in .PDF format for easy emailing to court. It starts with an index to help anyone looking through it how to navigate to where the necessary documents are. It is broken down into sections, letter A to however many you need.

Mine is set out as follows:

SECTION A: PRELIMINARY DOCUMENTS
SECTION B: APPLICATIONS AND ORDERS
SECTION C: STATEMENTS
SECTION D: CARE PLANS
SECTION E: EXPERT REPORTS
SECTION F: OTHER

Within each section you place documents relevant to the section title. So in Section A, preliminary documents will be paginated A1, A2, A3, A4 etc etc.

Documents in Section B, Applications & Orders will be paginated B1, B2, B3, B4, etc etc and so on and so forth.

Section A preliminary documents typically contain a Case Summary which is a brief overview of the dispute and what you're asking the court to decide and a Chronology which is a simple timeline of relevant events in your case.

Section B, Applications & Orders will contain your C100 or other application forms and any orders received from the court so far.

Section C can contain any statements.

Section D can contain care plans and parental agreements etc. I have a very good Parental Agreement template that I can share with you.

Section E can contain expert reports. Things like test certificates that prove you're not a raging alcoholic like in my case!!

Section F can contain anything that doesn't have a specific place in sections A-E.

Each sheet of paper (apart from copies of applications) is typically headed with details of the case. For example:

IN THE FAMILY COURT AT xxxxxxx Case No:

IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF (CHILDREN'S NAME)

BETWEEN:

Mr X
Applicant
and

Mrs Y
Respondent


INDEX
FOR FINAL HEARING
Date​
 
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Compiling a Digital Court Bundle in .PDF can be a pain of you don't have .PDF software or Abode Acrobat. But thanks to this lifesaver of a website, you don't need to worry.

Create each document as a draft in Word, then when it's ready, convert it to .PDF using https://www.ilovepdf.com/
 
There are youtube video tutorials on how to prepare bundles.

If you are ok with technology, buy a one-month subscription to Adobe Acrobat Pro. It cost me £20 at the time. It allowed me to easily compile my bundle and save hundreds on solicitors fees. I was able to do this over 3 hours.
 
Don't panic! If you have to self-rep it's not the end of the world. I can't remember where you are in the process. Is this a First Hearing Dispute Resolution Appointment (FHDRA)? Dispute Resolution Appointment (DRA). Fact Finding Hearing (FFH) or Final Hearing (FH)? The process is all about gathering information to help the court make a decision. I think representation really comes into it's own at the Final Hearing when you're trying to hammer out that Child Arrangements Order. But I haven't quite reached that stage yet.

What does it say on the court letter you should of received with all the details of the hearing? Have you actually you been instructed to compile a paginated Digital Court Bundle?

The process for compiling a Digital Court Bundle is quite straight forward when you get your head around it. I know from experience that it's not easy to get your head around anything new and relatively complex when it's spinning from all the turmoil of this experience. I think I've now got through the struggle and mine is now all ready for next week, so you wont have to worry, I'll share what I have done with you.

A Digital Court Bundle is a pack of all the relevant case documentation. Composed in .PDF format for easy emailing to court. It starts with an index to help anyone looking through it how to navigate to where the necessary documents are. It is broken down into sections, letter A to however many you need.

Mine is set out as follows:

SECTION A: PRELIMINARY DOCUMENTS
SECTION B: APPLICATIONS AND ORDERS
SECTION C: STATEMENTS
SECTION D: CARE PLANS
SECTION E: EXPERT REPORTS
SECTION F: OTHER

Within each section you place documents relevant to the section title. So in Section A, preliminary documents will be paginated A1, A2, A3, A4 etc etc.

Documents in Section B, Applications & Orders will be paginated B1, B2, B3, B4, etc etc and so on and so forth.

Section A preliminary documents typically contain a Case Summary which is a brief overview of the dispute and what you're asking the court to decide and a Chronology which is a simple timeline of relevant events in your case.

Section B, Applications & Orders will contain your C100 or other application forms and any orders received from the court so far.

Section C can contain any statements.

Section D can contain care plans and parental agreements etc. I have a very good Parental Agreement template that I can share with you.

Section E can contain expert reports. Things like test certificates that prove you're not a raging alcoholic like in my case!!

Section F can contain anything that doesn't have a specific place in sections A-E.

Each sheet of paper (apart from copies of applications) is typically headed with details of the case. For example:

IN THE FAMILY COURT AT xxxxxxx Case No:

IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF (CHILDREN'S NAME)

BETWEEN:

Mr X
Applicant
and

Mrs Y
Respondent


INDEX
FOR FINAL HEARING
Date​
Thanks for all of that but it's not something I'm going to be able to do with such short notice so I think for now I'll instruct my solicitor to fo the relevant uncle as I just don't have the knowledge to do this in such short time
The bundle is the just a list of documents/evidence you want to present. If you can have separate attachments and confirm what each document relates so can be easily pulled up if needed on the day.

I'm assuming there's no parenting plan agreed with ex at this stage. From prior post this is to decide if there will be a s7? So this could in theory be resolved but from prior posts more likely you'll head for a s7.

I'll defer to others but with the documents you want a summary letter/email of what you want to achieve and significant concerns you have. But try not to make too many allegations and keep child focused. One page of A4 would suffice.
This is a first hearing even though we've had 2 hearings but they were to decide on a holiday issue. I think they're going to decide if s7 is needed. I could really have done with a barrister as I'd like to try and reach a compromise as my son is desperate for more time with me and vice versa. Having said that, I don't think she would compromise as its all or nothing with her. I'm not sure if the court will listen to any proposals of more contact or if its only done between parties prior to hearing via barristers.
 
So the FHDRA will look at the dispute to understand the details and why nobody can agree.

You've got plenty of time to think about a bundle it would seem. But it's not as difficult as it first appears. If you haven't been directed to produce one don't worry about it.

It may come later in the process.
 
So the FHDRA will look at the dispute to understand the details and why nobody can agree.

You've got plenty of time to think about a bundle it would seem. But it's not as difficult as it first appears. If you haven't been directed to produce one don't worry about it.

It may come later in the process.
Thanks Kyle. I have no idea what I've been instructed to do as I have a solicitor dealing with those things for me. I'm really concerned I'll not be able to negotiate any extra time with my son before going into court. The solicitor is telling me nothing til I pay them even then they're very vague
 
You would of been notified if you needed to produce anything. A bundle won't be required yet. Is your first hearing in person or remote?
 
You would of been notified if you needed to produce anything. A bundle won't be required yet. Is your first hearing in person or remote?
It's in person, the solicitor has told me that I had to pay them to do a bundle and other work for the hearing. Have I just wated £500?
 
the solicitor has told me that I had to pay them to do a bundle and other work for the hearing.

Solicitors and Barristers don't tell you what do, you are the client, you tell them. Have you paid £500 to instruct your Solicitor to produce a bundle or does that also include representing you at the first hearing?
 
Solicitors and Barristers don't tell you what do, you are the client, you tell them. Have you paid £500 to instruct your Solicitor to produce a bundle or does that also include representing you at the first hearing?
 
I understand that but what I meant was I've had absolutely no advise from them at all or anything like suggestions or anything, they literally have just been a go between apart from some admn work, they wanted the money on my account to cover court bundle and instructing court I will be representing myself and other work they said they've done. They wanted another 720 for a barrister to go to court but I just haven't got it at the minute
 
I understand that but what I meant was I've had absolutely no advise from them at all or anything like suggestions or anything, they literally have just been a go between apart from some admn work, they wanted the money on my account to cover court bundle and instructing court I will be representing myself and other work they said they've done. They wanted another 720 for a barrister to go to court but I just haven't got it at the minute
So the solicitor has said that we will be able to ask the judge for more contact. Any tips on how to go about this please? Would anyone recommend sending a position statement? And what sort of things to put in it? Thanks for any help
 
So the solicitor has said that we will be able to ask the judge for more contact. Any tips on how to go about this please? Would anyone recommend sending a position statement? And what sort of things to put in it? Thanks for any help

You would include in the position statement your proposal for care summarised in a way that the judge can absorb quickly, but detailed enough that there are no loop-holes.

You would also include how would feasibly be able to support the proposed level of care.

Ash has posted lots of examples in this site.

If I may @SJP , I think you are working yourself into a tizzy. You need to take a step back and focus on one thing at a time. Collect yourself and your thoughts, re-compose yourself and get cracking on with a prioritised list of things you need to for your hearing.
 
You would include in the position statement your proposal for care summarised in a way that the judge can absorb quickly, but detailed enough that there are no loop-holes.

You would also include how would feasibly be able to support the proposed level of care.

Ash has posted lots of examples in this site.

If I may @SJP , I think you are working yourself into a tizzy. You need to take a step back and focus on one thing at a time. Collect yourself and your thoughts, re-compose yourself and get cracking on with a prioritised list of things you need to for your hearing.
Thank you.
I'll try and find as much as I can from the site. You're right, I am in a tizz but only as I know I have very little time to do this and have no knowledge of the process as my solicitor normally deals with everything. They are doing a bundle but can I take a position statement with me or do I need to send it to the court prior to the hearing? I do want to do a list of priorities aswell but again have no clue as to what I need to prioritise or what they want tocsee or anything, so much to do. Thanks again
 
Are you still using the solicitor or not then? What do the court papers say for this hearing? Do they ask you to produce anything? Are you sure this isn't a final hearing with the solicitors talking about a bundle? I know you've had two hearings already plus an interim order so it's possible this is the final hearing.
 
Are you still using the solicitor or not then? What do the court papers say for this hearing? Do they ask you to produce anything? Are you sure this isn't a final hearing with the solicitors talking about a bundle? I know you've had two hearings already plus an interim order so it's possible this is the final hearing.
I've had to use the solicitor to do the paperwork for the court, or bundle as they called it, I've just had it sent to me and all it is is copies of eachothers c100 and previous orders and statements. Nothing new at all, they've charged me 500 for that and it's only things that I have anyway I'm livid. It's definitely not booked as a final hearing ss this is the one where they decide if they need an s7 report. Although maybe it could turn into a final if decided they don't need it. I don't know. The sealed order from last hearing doesn't say anything about papers or anything I need to produce. I have to represent myself this time as I just don't have the money for a barrister just now and legal aid has been refused pending appeal. Thanks
 
I think they probably meant documents needed for the court bundle (which you already have) when it's needed.

If you're self repping for this upcoming hearing, then sending a good position statement in advance can do a lot of the speaking for you. You need to decide what kind of outcome you want and whether you think a section 7 report would be of benefit or not. And argue the points in your position statement. A position statement is quite straightforward - it's basically a "note" to the Judge before a hearing updating "the position" ie anything that's happened since the previous hearing, anything you want to say at this stage and what you would like the court to do.

If your ex has a solicitor on the day they might dominate the proceedings somewhat, so be prepared for that. If they push for a section 7 then just accept it - it could work out for the best even if it takes longer. However it means Cafcass will be involved again and they might recommend both kids live with one parent and spend time with the other (and it's usually the Mum).

The other thing is whether you think a fact find would be helpful. If you have evidence that she's dangerous to the kids eg. It is a tricky situation as she's been allowed to take your son on holiday but only has supervised time with your daughter.

Start putting something together for a position statement - I'm happy to have a look over it.
 
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