[Solved] Going back to court without legal representation

Hi there

Try not to panic, as you have an order you will know what to expect in court,it's fairly informal and most dads that self represent handle it well. Usually a judge will make some allowances, but if there's anything you don't understand don't be afraid to ask about it.

It might help if you prepare a brief, two page position statement to take to the hearing with you, outlining your situation and what you would like to happen. Take three extra copies, giving one to your ex, one for CAFCASS and a copy for your own records.

At this stage you don't need to submit your evidence, later on you may be asked to submit a statement and you can go into more detail and refer to and attach any evidence you have at that point.

It's sensible to take a pen and notebook into court, to record any dates or other important points that you need to remember. Refer to the judge as sir or madam and don't interrupt when they, or the other side, are talking. Be respectful and keep calm and above all remain completely child centred.

Best of luck

Thank you for taking the time to respond at this time of night. It is greatly appreciated.

Basically, I would like it where it's pretty much equal. As I stated, my daughter now has a brother and I don't want their bond to become compromised due to being obstructed. Many times my daughter has requested to stay at our new home.

Thanks again.

Tom

I agree with Mojo and it's definitely worth taking a brief PS to the first hearing with you.

If you have any key evidence of the mothers refusal, mention this in the PS and take the evidence with you in case the court might feel it is relevant. It's unlikely you will need it at this stage but doesn't hurt to have it with you

Thank you Mojo & Yoda. I may need a little more guidance, I'm not brilliant at writing statements i.e making them formal and impressive with the correct wording. Any tips, tricks or advice?

Thanks again

Hi

I would get a really good position statement prepared before hand which states all your points before hand and make sure the judge reads it and ask if they have read this with your evidence.

I am getting a solicitor to write my position statement and then representing myself in court, I am saving money on a barrister but using the experience of a solicitor.

There is ONE big issue that I will point out which is what happened to me last time is that the mothers barrister was spoken to majority of the time by the judge whereby I got irritated that I was less effective in putting my points across as he was given a lot more time... this is something I am looking into GETTING EQUAL TIME i.e. the best way.

Secondly - make sure you bullet point ALL your points you have and then make sure you emphasize and tick off each one so you have put them all across to the judge.

Thank you for your input glad dad. I'm sorry to hear that. I suck at statements which is why I'd previously asked for any tips, tricks and advice. I don't think I'd have enough time to submit said statement now. The hearing is on the 11th May. as I've said I just need to make it good, formal and straight to the point. Not sure the judge would be happy if i just turned up with a statement and evidence for him to read on the spot either.

Thanks again.

Tom

Sorry - BUT this is what judges do, they READ STATEMENTS AND EVIDENCE ON THE DAY, they are probably the smartest people you will come across... not putting in something now for the judge to read is suicidal.

I have done it before where I submitted evidence on the day - BUT, make sure you serve it to the other side as well so BRING 3 COPIES if you are going to be doing it on the day.

You have 5 days left, I would get cracking on with a statement, number them as paragraphs 1, 2, 3, etc so you can refer back to them.

Sorry Prouddaddy....I'm having extensive renovations at home and haven't been around as much. Here's some links to help you, it shouldn't take you more than a couple of hours, maximum and when you've done it one of us will be happy to look over it for you.

Here's some info on writing statements and a template

www.thecustodyminefield.com/flapp/positionstatements.html

http://media.wix.com/ugd/69743a_6f5457e9a07b43ae9dcb67ef4be27cf2.docx?dn=Position%20Statement%20Template%20with%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

www.mfjc.co.uk/home/mfjccou1/public_ftp/...ldren-March-2013.pdf

www.familylawquestions.co.uk/page9/page12/page19/

It's fine to arrive at the hearing with your Position statement and hand it to the usher on arrival, asking them to give it to the judge/adviser that's overseeing your case...it helps the court to have some insight into your situation, as long as you keep it brief, a couple of A4 pages and take at least three extra copies, always giving the original to the court.

Thanks again for the advice and help. Would you advise asking for equal time also how would I approach the subject?

Ideally you should have asked for this on the application for the variation. You can mention that as well as having your daughter in your own home, you would also like the schedule of contact to be increased.

It depends on the age of your daughter as to how open the court would be to giving you more time, it's impossible to predict what a court might agree to, as it's wholly dependent on the actually judge on the day...some are more amenable to equal care, whilst others think a weekend every fortnight and a mid week weekly visit is adequate...it's a suck it and see. However there's no harm in asking and it wouldn't effect the outcome and may give you more room to be seen to compromise.