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How do I represent my self in Child court hearing

  • fozzybear
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28 Oct 09 #157938 by fozzybear
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Hi, I hope there is someone out there that can help me.

My partner and I split in March 2008 - there were some disagreements over contact - he applied for a contact order, I didn't qualify for legal aid so have had a private solicitor representing me - I now can't afford to pay her costs anymore and the court order has gone to a final hearing. This was going to be a contested hearing due to my ex partners circumstances (he was living with a drunk, she was very nasty to his other daughter of whom he does have contact with) A CAFFCAS officer got involved wrote up her report and agreed it would be in my daughters best interest for her to have overnight contact - i didn't agree with this so my solicitor said it would need to go to a final hearing with wittness statements being made. Just before the wittness statements were due to be drawn my ex split with his partner and is now living in a bed sit - thus a huge change in circumstances. I have tried to talk to him to ask him to pull out from his application to the court and that we could agree something between us, he won't pull out as worried if we fall again he will have to start the whole process again - which is understandable. I have now told my solicitor I want to represent my self as can't afford the barrister fee's and for her to appear in court on my behalf. What will happen next? - I'm not going to contest the CAFFCAS report now due to change of circumstances, I still need to write a wittness statement but don't know what to write or do - can anyone help?

  • mgc11
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28 Oct 09 #158003 by mgc11
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Hi Fozzybear,

Im in the same boat as you and just wanted to ask the same question. I got a solicitors bill yesterday for three grand. My ex is filing for extra contact as he is not happy with the contact agreement that has been in place. So far i have been to the court four times. twice because the judge didnt like the way his solicitors filed in the application form, last time for mediation at which i agreed to lots of extra contact and after our two solicitors drew up the agreement he decided he wanted to go to hearing. Now my solicitor wants to know do i want counsel has he has instructed his. I am meeting with bank manager tomorrow to get loan to pay costs to date.

Sorry for hijacking your post but i no how you feel and just need to know what my options are.

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28 Oct 09 #158008 by fozzybear
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Hi MGC11,

no worries about hijacking my post! - we all need answers at the end of the day :)

My bill currently stands at £3,500 - which was looking to progress to £7,500 with final hearing costs and barrister costs.

Luckily I have an understanding solicitor who is willing for me to pay her £50 per month until February next year and then up to £100 per month until the bill is paid off - Maybe you could try talking to your solicitor and see if you can come up with some arrangement.

Fozzybear x

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28 Oct 09 #158022 by mgc11
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The infurating thing is he is the one taking me to court, he gets lots of contact as it is and agreed to even more at mediation. Now the social worker is goin to speak on behalf in court cause even she realises how unreasonable he is. Yet me and the children suffer fianancially.

He doesnt even pay child support cause he works in the republic of ireland, which is even more annoying. Yet I'm not allowed to mention this in court.

The legal system just isnt fair.

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29 Oct 09 #158246 by D L
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Two things:

1. The lack of CM is a demonstrable lack of commitment and should be raised - a lot of judges would tell him precisely what they think of that;

2. As he is outside of the scope of the CSA, you can apply under Schedule 1 Children Act for maintenance - and indeed can do so within these contact proceedings.

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