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Hello
I’m currently going through the court system to get access to my three children, two of them I haven’t seen since March 2016
It’s been a rough ride, and after the tenth hearing two weeks ago, a fact finding hearing has been set for January
This has been a complicated matter, and has drained me emotionally and financially and I just want this to be over
The section 7 via Cafcass was against me, and recommended ‘No Contact’ based on the allegations my ex had made, and my eldest son who was 10 at the time he was interviewed
However, the section 37 which was ordered afterwards was much more in my favour in regards to contact. She social worker who carried out the report revealed that some of the comments made about me appeared to be ‘ scripted and rehearsed ‘ and that he had told her that his mum had said to him ‘ you just have to do this for me, your the only hope I have of not having to see your dad again’
My barrister claimed that this was hugely significant in my case
I was open with the social services and the social worker who carried out the report was very fair and balanced
In September, not long after a hearing in which a fact finding hearing was scheduled for December, my eldest son started texting me. I also started to speak to my ex, and she said to me that the matter had gone too far and she would see her solicitor about being able to make an amicable arrangement.
I met my youngest son a few times when we met for a chat, and felt some relief that we were communicating again. However, it wasn’t straight forward to get out of the process, following the guardians report another fact finding hearing has been set for January
I haven’t spoke to my ex since the day before the last court date as it is quite arkward.
Anyway - my advice needed
After ten hearings and around £20,000 I’m financially exhausted, I will have to attend in person. I’m upset that this hadn’t been set prior as I feel I’ve wasted funds on petty hearings. It feels very unfair and I’m so nervous about attending a fact l finding hearing alone - a time I would really want the support and advice of a barrister. I feel that my defence would be weakened somewhat
I was quieted about £4,000 for a two day fact finding - and there’s no way I can afford that
Has anyone got any advice about being a litigant in person in this sort of hearing?
The hearing itself- my ex made claims that I’m violent and was to her and the children, controlling,manipulative etc. Ten allegations have to be set down via a Scott schedule which was ordered. Now, it’s a case of one word against the other. There are something’s that are true and I’ve been open with them and it didn’t make a difference in the view of social services. I feel that the social services don’t believe a lot of the allegations my ex made
The judge has to be just 51% one way or another? It’s not like a criminal court. I would be broken if I had something found against me that was not true? How do you feel this method is in terms of fairness?
If facts are found against me - can this effect life afterwards? Can anything be used against me
Both the authors of the section 7 and section 37 are going to be giving evidence at the court. As I have no legal representation how can the hearing be fair in terms of cross examination etc?
Thanks in advance
Jonathan
Hi there
You're case is such a trial for you and I can understand why you're upset and financially exhausted, you weren't to know that your case would still be running 10 hearings on, or I'm sure you would have self reaped where you could and reserved your funds for the final push.
Self repping is doable and we have many members here that have achieved much success going it alone. However there's no way of predicting outcomes, it really is down to the fairness of the judge on the day, have you had the same judge sitting throughout the process, that would help I think, as will the S37 that was favourable towards you. Also the fact that the mother was backtracking/wanting to make amicable arrangements and contact had resumed with your son, you must make the court aware of these developments.
If the FoF is found against you, it is likely to effect contact with your children, anything outside of that it won't have a bearing on, as it's a civil matter.
There's some infor about cross examination in the stickys and usually the judge will assist with cross examination where a party is self litigating.
There are some members here that felt their case started to progress more quickly after they stopped using solicitors and barristers, let's hope you will find the same.
All th best
I agree with the advice Mojo has given you.
As for going it alone. It might be worth looking into a Families Need Fathers meeting in your area and see if you can find someone to help you prepare for the FOF.
There are also McKenzie Friends as an option. They can help you prepare and attend with you although they won't generally speak for you. If you decide to look in to this route, ask for some recommendations as the industry isn't regulated. If you can find a decent one, it will cost a fraction of a solicitor / barrister and will at least give you some support.
hey thanks for sharing
A fact of finding will need evidence to prove her allegations, if you can prove texts or emails that she stated it has gone on too far and or the texts your son sent then get copies of these because this is all proof.
Make a list in chronological order of everything that has happened and all contact you have had, how long for and whereabouts
This will all help plus the if the section 37 is good then hopefully that will outweigh the section 7 anyways
Thanks for your advice and for being so kind to take the time to respond
Ive found this site to be a great place to gain some advice and is so helpful
Jonathan
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