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Can anyone please give advice on where I go from here?
A finding of fact hearing was held recently and an "either way" decision was made of the things I've been accused of. The judges reasons were numerous but before the hearing I had requested by email to submit evidence that I believe was vital to my case. In fact, the evidence pretty much contradicts most of the judges reasons for his decision. I was refused permission to submit the evidence by another judge and advised to ask permission in the finding of fact hearing. I did this and the judge decided that as I didn't have the evidence with me (I thought I needed permission first) to continue the hearing without it.
It was then decided that cafcass were to provide a report in the next month as to how things were to progress and a final hearing was to take place two weeks later. The final hearing is listed for the afternoon. No mention was made as to whether cafcass were to attend the final hearing.
So I have several questions.
1) Can I ask for the final hearing to be carried out over a longer time period - a couple of hours in the afternoon barely seems adequate considering the complexity of my case. In all honesty it seems like it's being rushed through to give me little chance to present my case.
2) Can I request that cafcass attend the hearing and that I be allowed to question the cafcass representative?
3) I understand that I need the judges permission to ask my ex partner questions - again, how can I contest anything that she has said if I cannot question her?
4) On the basis that there was no legal reason to refuse the evidence that I asked to be submitted, can I appeal the finding of fact decision?
5) I understand that I can only appeal my case based on errors in law. As someone self-representing, how can I know what is an error in law? Can anyone give examples of errors in law that I can use to successfully appeal?
6) If it is possible to appeal a finding of fact hearing, how long do I have to do that and how do I proceed with the appeal? Court orders generally take at least two weeks to arrive - do I only have 21 days from the date of the hearing? How is this possible without a court order received in a reasonable amount of time?
I feel completely lost here - I'm not a solicitor nor do I have any legal training. By stopping legal aid, how can the government expect people who represent themselves to understand what's going on and how to proceed? I could barely hear the judge - I have to ask him to speak up every time I'm in court. If it wasn't for the PSU representative writing everything down I wouldn't have a clue what went on.
in answer to your questions;
1) not really, the court will have allocated the length of time they deem necessary
2) You can try. I would have thought if the court felt it was necessary, this would have been done. Did Cafcass attend the fact finding?
3) Asking questions, is what usually forms part of a final hearing unless the judge has forbidden you to do so
4) It's hard but not impossible to appeal, they would have to have made an error in law
5) This is too wide ranging for specific answers as every case is different
6) Here is a link to the appeals process https://www.gov.uk/government/publications/appeal-a-court-decision-civil-and-family-appeals-ex340
The questions you're asking would really need to be answered by someone who knows your case and has access to all of the paperwork. It wouldn't be fair to comment otherwise. It's probably worth trying to get a free half an hour with a lawyer, or contacting the Bar Pro Bono unit / googling for free legal advice.
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