3 grand down with lawyer already and getting nowhere , thinking of representing myself anyone done this and been successful?
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Hiw hard is it to represent yourself at court
- Thread starter Foxtrot936
- Start date
Do you mean with a solicitor? Yes they will eat thousands and not achieve much for it. You can do most of it yourself and just use a direct access barrister for hearings (which is a much better option than using a solicitor for hearings). However, no representation at all at hearings can be quite risky - depending on your case. Direct access barristers aren't cheap either. You;d be talking about 2k for a half day hearing and 4k for a full day final hearing. However that is a fixed fee, and they also write up the order (and usually more reliably than a solicitor) and you don't want the other side's solicitor writing up the order if possible - they tend to throw the odd loophole into it in favour of the ex.
So if it's a straightforward case and you've already had a first hearing, it could just be 4k for a final hearing - which would be worth it if it's the right barrister. You're more likely to get a good order or what you've asked for.
You would do the other admin/paperwork yourself. There isn't a lot - no need for solicitors letters running up bills. We can help with position statements. There is a bundle to do before a final hearing and your final statement and evidence. Many Dads have done this themselves. Some will do a "tailored" approach and just hire a solcitor for a one off job to help with the bundle and final statement.
Where are you at and what's the situation? A barrister is an expert in court hearings, dealing with Judges and using caselaw to win points - also at cross examining your ex to make sure you win your case.
I spent 13k. Most of that was on solicitors and not getting anywhere (went through 3 solicitors and wasted 3k for nothing at all). 4k of it was for the barrister for the final hearing and that was worth every penny.
So if it's a straightforward case and you've already had a first hearing, it could just be 4k for a final hearing - which would be worth it if it's the right barrister. You're more likely to get a good order or what you've asked for.
You would do the other admin/paperwork yourself. There isn't a lot - no need for solicitors letters running up bills. We can help with position statements. There is a bundle to do before a final hearing and your final statement and evidence. Many Dads have done this themselves. Some will do a "tailored" approach and just hire a solcitor for a one off job to help with the bundle and final statement.
Where are you at and what's the situation? A barrister is an expert in court hearings, dealing with Judges and using caselaw to win points - also at cross examining your ex to make sure you win your case.
I spent 13k. Most of that was on solicitors and not getting anywhere (went through 3 solicitors and wasted 3k for nothing at all). 4k of it was for the barrister for the final hearing and that was worth every penny.
Yes I mean I'm only about 4 weeks in and already ran up nearly 3 grand with lawyer and my days with kids have actually been cut by one a week , no explanation from estranged wife and my lawyer not questioning why . I spoke to a guy on Facebook other day "a man and his boy " sure he was called and he said he can help for a fraction of price as he has been through it , was just wondering what other people's experiences where not using a lawyer all the way , all mines has done has taken phone calls from me , sent emails answered emails and not much else and he's already said I'm looking at North of ten thousand to get it to court .
Litigants in person - childlawadvice.org.uk
This page provides information and advice on going through the court process yourself, explaining what to expect and who you can bring to court with you.
childlawadvice.org.uk
Thank youLitigants in person - childlawadvice.org.uk
This page provides information and advice on going through the court process yourself, explaining what to expect and who you can bring to court with you.
3000 in a month to a lawyer and no further forward can't to do it any more
I wouldn't bother with a solicitor, pretty much a waste of money and very little achieved. Sending a letter every now and then is pretty pointless and ex will likely just ignore if like mine!
Barrister is worth it, but still expensive and I'm going to use for a final hearing only. Until then just rep myself.
Like was said above, depends on how complex a vase you have and what's involved.
Barrister is worth it, but still expensive and I'm going to use for a final hearing only. Until then just rep myself.
Like was said above, depends on how complex a vase you have and what's involved.
So are you close to final hearing then ? How much has it cost and how much time ? My case I straight forward I think I get the kids twice a week but I'm pushing for shared care , 50 50 as my work pattern allows it I only work 12 days a month
Ok so if you're already getting regular time then there are no welfare issues. Assume you haven't had a first hearing yet? Unfortunately IMO about 99% of solicitors are biased towards Mothers. I wouldn't use some random guy off Facebook. Or anyone who charges money.
Yes you can be an LIP but I would strongly recommend you use a direct access barrister for a final hearing at least. You can do the rest yourself and we can help on here with position statements etc. If you want 50/50. You might have to be prepared to compromise on say 6 nights a fortnight with you and 8 with her. What was the schedule before your ex dropped one day a week?
Yes you can be an LIP but I would strongly recommend you use a direct access barrister for a final hearing at least. You can do the rest yourself and we can help on here with position statements etc. If you want 50/50. You might have to be prepared to compromise on say 6 nights a fortnight with you and 8 with her. What was the schedule before your ex dropped one day a week?
To be fair the guy seems OK, I'm just needing some sort of help and don't really k ow where to turn as can't afford more lawyers fees , iymtvwas 3 nights a week and one weekend butvshe has dropped it ti 2 nights plainly just so she can get more money through csm , the guy im dealing with now said he can deal with her lawyer and stuff , no i havent had first hearing yet and whatvdo you mean statements? Thanks
Ok so this is how the process works
1) You submit your application
2) You both receive court papers when it's processed
3) You get an email or letter from Cafcass with a date and time for a phone interview
4) You have the phone interview with Cafcass.
5) You receive the safeguarding letter from Cafcass with recommendations as to what next.
6) It either goes to a gatekeeping hearing (no parents, just delays things as Cafcass discuss with a Judge what next). Or
7) It goes to a first hearing - you get court papers with the date of FHDRA.
At no point during any of this do you need legal representation. The only people you're dealing with is Cafcass. It's hearings where decisions are made. Solicitors achieve nothing (if they haven't managed to negotiate agreement so far then it's not likely to happen).
You don't need anyone to help with paperwork at this stage. If ex's solicitor sends you a letter you can either ignore it (it makes no difference!) or you come on here and we'll suggest a response for you to email back - but the rule of thumb is say as little as possible to an ex's solicitor so they don't twist it and use it against you.
8) FHDRA - this is when it's good to have a lawyer (barrister ideally) represent you. They will negotiate with ex's lawyer and might be able to thrash out an agreement for a consent order. Meaning - you get your Child Arrangements order and the process stops there., That's it. If your ex refuses point blank to negotiate or offers something you're not prepared to compromise on, then it goes to a final hearing where the court decides what the order should say.
Although this guy might help with paperwork, he can't represent you at a hearing. It's hearings that count.
Before each hearing you can do what's called a position statement. It's quite short - maybe a side and a half of A4 in double line spacing. It's just your opportunity to say what you want to say for that hearing (saves having to speak much on the day) and to update "the position" (ie what's happened since you put your application in (if anything) and also to make any points you want to make. It's also called a "note" sometimes by Barristers and is basically an informal note to the Judge - so again it avoids having to say much on the day. If you use a barrister you don't need to do one.
You can do a position statement before every hearing. If it goes to a final hearing you'll be asked to do a witness statment or "statement" which is more formal and is your evidence - and can have evidence attached - eg making the case for why it should be 50/50 as before.
At a final hearing, both sides are cross examined on their statement or evidence. Sometimes - if you're already seeing the children regularly then there might not be any cross examination.
At all stages, the court ideally wants both parties to agree - rather than it get to the point where the court makes the decision.
Sorry if that's a lot to take in but I wouldn't go asking some person off Facebook to help with your court case because it's important. Just keep posting on here and we'll guide you through it.
I'm sorry you spent 3k on a solicitor - I've been there. It achieves nothing - just a load of letters back and forth arguing. The only place where things are achieved is negotiations at hearings - anything agreed at court is then binding on the day. Anything agreed in a solicitor's letter is usually pointless as the ex can just change her mind.
So if you have a first hearing coming up you don't need to do anything! Except ideally a short position statement which I can help with. However, what I would say is - if you're planning to self rep and the ex has a solicitor it can be really tough - the solicitor will dominate the hearing and cause as many delays as possible becasue they are acting for your ex, not in the best interests of the child.
So don't pay any more money to solicitors, is my advice. Just politely de-instruct the solicitor. If you can use a direct access barrister at your first hearing you might get a consent order and it go no further. Or at least avoid things dragging on for a long time and delays (eg the barrister can argue that a section 7 report isn;t necessary because the ex';s solicitor will probably argue for it - which delays things by months).
A Barrister is a higher level of lawyer than a solicitor and they are experts at hearings and persuading Judges. And experts at negotiating consent orders. It's a one off fixed fee per hearing.
Have you had your cafcass call and letter yet?
1) You submit your application
2) You both receive court papers when it's processed
3) You get an email or letter from Cafcass with a date and time for a phone interview
4) You have the phone interview with Cafcass.
5) You receive the safeguarding letter from Cafcass with recommendations as to what next.
6) It either goes to a gatekeeping hearing (no parents, just delays things as Cafcass discuss with a Judge what next). Or
7) It goes to a first hearing - you get court papers with the date of FHDRA.
At no point during any of this do you need legal representation. The only people you're dealing with is Cafcass. It's hearings where decisions are made. Solicitors achieve nothing (if they haven't managed to negotiate agreement so far then it's not likely to happen).
You don't need anyone to help with paperwork at this stage. If ex's solicitor sends you a letter you can either ignore it (it makes no difference!) or you come on here and we'll suggest a response for you to email back - but the rule of thumb is say as little as possible to an ex's solicitor so they don't twist it and use it against you.
8) FHDRA - this is when it's good to have a lawyer (barrister ideally) represent you. They will negotiate with ex's lawyer and might be able to thrash out an agreement for a consent order. Meaning - you get your Child Arrangements order and the process stops there., That's it. If your ex refuses point blank to negotiate or offers something you're not prepared to compromise on, then it goes to a final hearing where the court decides what the order should say.
Although this guy might help with paperwork, he can't represent you at a hearing. It's hearings that count.
Before each hearing you can do what's called a position statement. It's quite short - maybe a side and a half of A4 in double line spacing. It's just your opportunity to say what you want to say for that hearing (saves having to speak much on the day) and to update "the position" (ie what's happened since you put your application in (if anything) and also to make any points you want to make. It's also called a "note" sometimes by Barristers and is basically an informal note to the Judge - so again it avoids having to say much on the day. If you use a barrister you don't need to do one.
You can do a position statement before every hearing. If it goes to a final hearing you'll be asked to do a witness statment or "statement" which is more formal and is your evidence - and can have evidence attached - eg making the case for why it should be 50/50 as before.
At a final hearing, both sides are cross examined on their statement or evidence. Sometimes - if you're already seeing the children regularly then there might not be any cross examination.
At all stages, the court ideally wants both parties to agree - rather than it get to the point where the court makes the decision.
Sorry if that's a lot to take in but I wouldn't go asking some person off Facebook to help with your court case because it's important. Just keep posting on here and we'll guide you through it.
I'm sorry you spent 3k on a solicitor - I've been there. It achieves nothing - just a load of letters back and forth arguing. The only place where things are achieved is negotiations at hearings - anything agreed at court is then binding on the day. Anything agreed in a solicitor's letter is usually pointless as the ex can just change her mind.
So if you have a first hearing coming up you don't need to do anything! Except ideally a short position statement which I can help with. However, what I would say is - if you're planning to self rep and the ex has a solicitor it can be really tough - the solicitor will dominate the hearing and cause as many delays as possible becasue they are acting for your ex, not in the best interests of the child.
So don't pay any more money to solicitors, is my advice. Just politely de-instruct the solicitor. If you can use a direct access barrister at your first hearing you might get a consent order and it go no further. Or at least avoid things dragging on for a long time and delays (eg the barrister can argue that a section 7 report isn;t necessary because the ex';s solicitor will probably argue for it - which delays things by months).
A Barrister is a higher level of lawyer than a solicitor and they are experts at hearings and persuading Judges. And experts at negotiating consent orders. It's a one off fixed fee per hearing.
Have you had your cafcass call and letter yet?
Hi thanks fir the advice , no I haven't had 1st hearing at all yet just letters back and forth between lawyers tbh waste of time and money and days been cut , no carfass call or letter either, I sent a letter to my lawyer yesterday telling him I'm not gonna be using him and need him to send me the appropriate forms so I can act as self litigator , waiting on them coming , can I do anything else just now while waiting on those forms? Thanks
I represented myself at the first hearing and that was ok.
As people always stay stick to being child focused, and if you have no concerns it doesn’t hurt to be nice about your exs parenting ability.
In my case this got compliments from the magistrates as they don’t often hear people be nice.
As others have said though final hearing you will want a barrister, which is where I find myself needing to find about 2k for the half day.
As people always stay stick to being child focused, and if you have no concerns it doesn’t hurt to be nice about your exs parenting ability.
In my case this got compliments from the magistrates as they don’t often hear people be nice.
As others have said though final hearing you will want a barrister, which is where I find myself needing to find about 2k for the half day.
Thank you
You shouldn't need any form at all. You just email the solicitor saying "Just to let you know I will need to de-instruct you on my case, due to financial pressure. Thank you." And that's it.
You don't even need to inform the court.
How long is it since you sent your C100 application and have you had court papers yet?
You don't even need to inform the court.
How long is it since you sent your C100 application and have you had court papers yet?
Is there a template or proforma for a position statement? Just how it should be set out etc.
Heating on Friday and thinking about submitting one, although not been asked to and waiting for Cafcass to complete and share theirs with me, (only 2 months late...). Ta
Heating on Friday and thinking about submitting one, although not been asked to and waiting for Cafcass to complete and share theirs with me, (only 2 months late...). Ta
Might be a bit late to submit one.
In general just set out what your asking the court to do - ie what interim arrangements you want, what long term arrangements and how you can work together to make these work ie: if the child is young and breastfeeding show you have considered this.
Ideally you’d have wanted the cafcass report to agree with some recommendations.
Make sure you have a solid parenting plan and refer to it.
If your ex has raised any concerns about you make sure to include some relevant case law in relation to interim contact - the one I used was from AR (child relocation) 2010 - Google will find you the right part.
Your position statement should be 2 pages max.
Don’t use it to attack your ex. Focus on the child
There are a lot of templates online to show the layout of a family court document.