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Representing yourself throughout court process

algregor

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Hi All,

I've read through a lot of threads on here and it's been really helpful. I am thinking of representing myself throughout the whole process. Has anyone done this and been successful?

Why might this be a bad idea? Disregarding the obvious that paying an experienced barrister would be beneficial.

Many thanks
 
It is possible but you need to be confident with dealing with court related professionals.
It totally depends on the sort of hearings you get.
So if the ex has representation you need to be cool, calm and collected.
You need to feel comfortable answering questions if you have a Fact finding hearing. Also coming up with questions to ask the ex if need be.
Also if the other party is represented they will write up court orders for the Judge to sign off. You need to be assertive enough to communicate with them if you're unhappy with what is written up.
You can ask for advice on here on how to write up position statements if they're requested by the court.
So totally do-able but a bit more stressful than with representation.
 
Some people are very adept at representing themselves. The main issues are if the ex has legal aid funding for a solicitor and barrister. A solicitor for an ex will pull every trick in the book against a litigant in person, and commonly this can lead to delay after delay. Their goal is that you will give up and go away and the longer it takes, the more entrenched the position becomes that the children have been living with the Mother without issue for a long time. If and when you do reach a final order, it will need progression from a minimal amount of time.

Some of how well you do might depend on what sort of person your ex is. Is she the type to make allegations of abuse? If so she'll get legal aid funded lawyers (whether the abuse is true or not) and there will almost certainly be a Section 7 report (which takes a few months).

The advantages of using a barrister are - if both sides have lawyers then they are expected to negotiate at hearings (the hour before a hearing) and can sometimes thrash out an agreement for a consent order so it goes no further. If no agreement is reached, a good barrister can argue back against the Ex's solicitor and maybe even get interim time ordered at the first hearing.

So what is your situation? How long have you been separated? Do you get any time with your children at the moment? If your case is simpler - neither of you represented and no allegations, then representing yourself, if you're a confident person, could be a reasonable option. The key to that is to always sound calm and respectful and don't criticise the Mother - keep it child focused.

From what I've seen, people who use a barrister tend to get better results in less time. But it depends on the circumstances as some have achieved results on their own (although it usually takes longer).
 
We split up June 2023 and worked our way upto 50/50 co-parenting based upon the agreement that I would provide breathalyser tests. At the beginning of October out of no where she decided that our son (3.5) was unsettled in her care and that was down to bed hopping. So she took away all overnight stays. I had no choice but to agree, but reopened mediation proceedings to get a co-parenting agreement court mandated as she makes changes every 6 months it seems and I have no option but to accept. She decided not to attend mediation and has since cited safeguarding issues and her solicitor advising her because of this not to attend. There have been no issues with police, social services, any issues when he is in my care. He was and has never been unsettled. So I decided to fill out and send off c100 form. She has since refused all contact unless I do breathalyser tests and now complete hair strand tests every month.

I have my cafcass call on 17th December. How long after cafcass call usually is the FHDRA?
 
Ok so you had 50/50 shared care for about 16 months? Do you know if there was some kind of trigger to her pulling overnights in October?

Bit of a wait for the Cafcass call then. It partly depends on region how quickly you get an FHDRA after Cafcass calls. It might be quite quick or it might be a month or more. So are you still getting days but just not overnights?

It sounds like she's going to accuse you of having alcohol problems. It could be a good idea to get a court approved alcohol test done to save time in case they decide to order one. If doing that I would stop drinking anything from now, to get the best result.
 
Ok so you had 50/50 shared care for about 16 months? Do you know if there was some kind of trigger to her pulling overnights in October?

Bit of a wait for the Cafcass call then. It partly depends on region how quickly you get an FHDRA after Cafcass calls. It might be quite quick or it might be a month or more. So are you still getting days but just not overnights?

It sounds like she's going to accuse you of having alcohol problems. It could be a good idea to get a court approved alcohol test done to save time in case they decide to order one. If doing that I would stop drinking anything from now, to get the best result.
We worked up to 50/50 from about October last year. Her reason for stopping overnights from October this year was son was unsettled in her care (he's completely fine in my care and he's actually between her bed and grandmas bed in her care). So I had just days from October until about couple of weeks ago. I decided not to do the breathalysers anymore as she removed overnights. I need a court mandated co-parenting plan that she can't deviate from. This will benefit all of us. Since then she has stopped all contact.

She's definitely going to push that I have alcohol problems. So what are my options with that? She's going to push for hair strand tests. I haven't drunk any alcohol for about a month now. So worried about time period when I will be court ordered to do a hair strand test.
 
You need a court order/Child Arrangements order. A parenting plan isn't enforceable.

So pre-empt the accusations about alcohol and do a test in time for a hearing. If you post on the forum about that, others will know more about the best test to do.

I'm wondering if there is another reason - can you think of anything? Being unsettled doesn't sound like a reason. Do you have a new partner by any chance? Or does she?
 
You need a court order/Child Arrangements order. A parenting plan isn't enforceable.

So pre-empt the accusations about alcohol and do a test in time for a hearing. If you post on the forum about that, others will know more about the best test to do.

I'm wondering if there is another reason - can you think of anything? Being unsettled doesn't sound like a reason. Do you have a new partner by any chance? Or does she?
Child arrangements order is what I meant.

Thanks Ash. I'll post about tests.
 
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You need a court order/Child Arrangements order. A parenting plan isn't enforceable.

So pre-empt the accusations about alcohol and do a test in time for a hearing. If you post on the forum about that, others will know more about the best test to do.

I'm wondering if there is another reason - can you think of anything? Being unsettled doesn't sound like a reason. Do you have a new partner by any chance? Or does she?
Sorry, just noticed your last part. I don't have a new partner, not sure if she does. Son has been mentioning someone called xxxxx (mummy's friend) a lot. She did say at the time she was up for giving it another go, which I declined.

I think it might be financially motivated as she knows taking away all my overnight stays means she will get full whack on child maintenance. She knows how much I get paid. She's just bought a house. I obviously can't prove that though.
 
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She mentioned that it was my fault we broke up and that she shouldn't be punished for seeing her child 50% of the time. Basically saying if we were still together she would see him 100% of the time.
 
So there is a trigger - she might have a new partner and she's buying a house and thinking about finances. Because her other reason is rubbish.
 
Well surely if she mentions the reasoning of my son being unsettled in family court the judge will just tell her it's nonsense then and revert back to 50/50 arrangements we had right?
 
Hopefully, with a year's history of 50/50 you should get it back. I would say that you think her reasoning is an excuse and there is another reason.
 
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