[Solved] Fact finding - advice

1 - I’m self litigating, my ex is represented ( thanks to legal aid )
Will this be fair? I take it I will be asked questions by her solicitor and possibly the judge.
Without me being represented- will this be a fair hearing and will she be questioned by the judge? Anyone with any experience here would be great.

Judges are very used to dealing with LIPs and will often account for this by asking the other side questions you may have missed. Not to support you but to get the answers they need to make a decision. Unless there is a guardian for the child, yes you will be asked questions by her solicitor and the judge.

2 - What do I need for the hearing? I know the respondent has the responsibility to arrange the court bundle. But what do I need ?

If you get given the bundle in advance, provided everything you intend to rely on is in there, you shouldn't need anything other than pen or paper. If you don't or there is evidence missing (it does happen!) then take all your paperwork with you too.

3. - Just a bit of info about my case. This has been a long process, I’ve had ten hearings already. The Section 7 was terrible, recommended no contact and a Section 37 to be carried out following accusations my ex and eldest son made. However, the Section 37 threw me a lifeline - and recommended contact, indirect at first due to the time spent away. Also the section 37 stated that some of the things my son said seemed ‘scripted and rehearsed ‘ and my son had said that his mum had said ‘ you just have to do this for me and I will get you a gift, you are the only hope I have of not having to see your father again’
My barrister said that this is hugely significant and strengthens my case.
Both the authors of the Section 7 and 37 will be required to attend court, one on one day and one on the other
I feel that this has strengthened my case although I’m worried that as I’m self litigating that my ex will have the upper hand somewhat with her having a solicitor who knows the ropes

Not necessarily.....make sure you question both SW's thoroughly. Pick holes in any negatives where you can and ask them to expand about the positives, esp about their view that your son sounded scripted and quote what he said.

4. 10 allegations were set down, and I only admitted to one in its entirety. I denied 4 totally and gave my side to the other 5
How easily can facts be found ? In anyone’s experience is this process fair?

Where this is no evidence, it's up to the judge to decide the facts and this is generally fair

5. - What can I expect, as in what happens and who’s got some insight into how these proceedings work? I’m slightly nervous about this especially being self litigating

It's perfectly understandable to be nervous but it sounds like you have plenty of court experience and the judge will explain as you go along as to what is happening. It's worth maybe taking someone with you if you can, it's called having a McKenzie Friend. There are professional MF's but they're not regulated so if you chose that route, do your homework. You can also take someone you know provided they're not a close friend or family member and have no personal interest in your case. I wouldn't ask the court in advance as they often say no but if you take them with you on the day, I've never known it be a problem unless the other side knows this person or it is a close friend or family member. It might be helpful to have someone to help you find the paperwork and make notes for you.

Best of luck

Hi

My guy recently had a 5 day fact finding. He did have representation but he was very nervous as the ex lies so well everyone believes her. He was questioned by her barrister quite viciously so be prepared for that. It’s not personal, they are just doing their job but it’s a bit draining he said. I don’t think the judge questioned him. I have to say despite his misgivings the judge was pretty good and saw ex for exactly what she is and the judgement was better than expected. I don’t know much about self representing so can’t offer any advice but I’m sure someone will. He was self representing in the early stages but things got messy and complicated and he needed legal help.

I wish you all the luck in the world. I’m a firm believer that the truth will always win over evil, stay strong.

Harli

Thanks for taking the time to reply to my post Yoda, I found that very helpful

Am I suppose to ask questions as I’m self litigating?
I didn’t know if I did or not

Thanks
Jonathan

Thanks Harli

Gosh , a five day fact finding? I thought two days was bad enough

Thanks for taking the time to reply to my post it is much appreciated

Jonathan