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self representation

  • dougieriley
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30 Apr 09 #112198 by dougieriley
Topic started by dougieriley
Hi
I'm about to serve residency papers on ex, what are the major dangers of self representation at initial hearing?

  • GuernseyGuy
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30 Apr 09 #112227 by GuernseyGuy
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I answered this in part on the other thread. The major dangers of self-representation in any kind of proceedings is that you don't know what to expect at each step of the way, and you don't know what to ask for which might help your case.

For example, you talk about you "serving residency papers" on your ex. You won't be doing that. You will be making an application to court for Contact and they will send notice of your application to your ex.

The initial hearing is ordinarily a very quick affair in that it is used by the Judge to establish the basics of the case and to direct the involvement of mediation/CAFCASS if required. In your case though, since contact is being completely withheld, I would expect you to make a request for an Interim Contact Order so that you are not denied contact whilst the case progresses.

If you were not aware of some of this stuff, then that is the answer to your original question.

You do not need to prepare any documents for the first hearing (in fact, you are not allowed to). Just come with a clear view of the contact that you are seeking and why you are seeking it, and with the clear desire for an Interim Contact Order so that you are not left high and dry waiting for the full process to grind on.

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01 May 09 #112476 by dougieriley
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Hi Guernseyguy
thx for the heads-up on Interim Contact Order, you're right I have not read up at all due to starting a new job the day my ex left with the kids!

My ex has now complained to the police that I harass her with txt/phone calls & this morning the police issued a Harassment notice. I only txt to request to speak to the children- will this carry weight at the initial hearing next week 7th May?

I get the impression that I need to prepare a good statement that deals clearly & soley with the facts & remove any emotion from the day.

  • ClimbMountains
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12 May 09 #115534 by ClimbMountains
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What happened at your hearing?

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12 May 09 #115570 by dougieriley
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She turned up with councel - I told them I must have a good case then!! - Agreed to alternate wk-ends for the short-term to avoid CAFCASS investigation but this is only temporary & judge quite happy to let us 'suck-it & see'

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12 May 09 #115596 by ClimbMountains
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Did you agree a final Consent Order (ie is your present application finished). You say that its temp and judge happy to let you "suck it & see". However, it also sounds like you may have agreed a final consent order so its not a temp solution?

  • hadjustaboutenough
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12 May 09 #115754 by hadjustaboutenough
Reply from hadjustaboutenough
Hiya,
Can i just ask...is that comon practise for the staying contact to be offered to prevent cafcass investigation?
We wrote to the court to ask for Cafcass to do a full report after we got med notes on SD which proved the EX has been lying to prevent contact. Prove that she lied about moving away from home town, along with other things which as a mother I can only say is punnishing the SD not the father.(SD only been able to drink from baby bottle yet mother denied,sending SD for staying contact without)
Sent everything to the court n requested a report, got court date moved from sept to may, n then straight away the ex offered my partner 2 nyt staying contact, i have thought this was bit suss given everything that has gone on. so is this comon practise??
Cheers kat x

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