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Self representation
 
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Self representation

 
(@paul741)
Eminent Member Registered

Hi all

just wondered if i can have some advice, I have my final hearing in 2 weeks and i can’t afford thousands on a solicitor so im self respresenting, my ex has a solicitor and im just anxious about being vulnerable in there. 

has anyone had a similar experience? Bit of background, carcass have closed the case as there is no welfare issues, I live only 6 miles away from my daughter…she’s 3 in August, I work full time…tick all the basic boxes I guess to have a case, I see her every weekend and in the week for a few hours here and there. 

I want more overnights(currently have one every 2 weeks) and also the ability to be able to take my daughter away on holidays etc all of which is a major stumbling block with the mum. 

I’ve submitted a statement building up to 50/50 care over time…. 

am I going to be up against it with not being the best speaker? I’m going to be nervous on the day and just wondered if anyone had any advice please? 

also, I’ve submitted my statement and the mum hasn’t, it was due nearly 3 weeks ago, I’ve called and emailed her sols but they are ignoring me, also called the court who said the case is still going ahead but they don’t get involved in civil matters, if the statement doesn’t come through outlining her position do I just have to Accept this and go in blind?

many thanks 

Quote
Topic starter Posted : 08/01/2024 9:39 am
(@dadmod2)
Illustrious Member

Hi,

It's good that Cafcass have dropped out as they don't have concerns. But if they didn't make any positive recommendations, then I think that will make your final hearing more challenging.

Take a look at this short video about self representing: https://youtu.be/mwrA3Is27fg?si=vft2gHx8PjgxUDml

I remember one time my ex wifes solicitors emailed me her statement as I was walking into the court building.

You could explain to judge that your seeking long term arrangements that will benefit the child. Keep it all child focused and I hope it works out well for you. Let us know how you get on.

 

ReplyQuote
Posted : 08/01/2024 6:41 pm
(@paul741)
Eminent Member Registered

@bill337 thats great thanks 

just wondering do you know if there’s a budget option on having a lawyer represent you on the day? I wouldn’t qualify for legal aid but every time I look to get representation it’s £2500 plus which I can’t afford. 

are there any cheaper options or things to search for? 

ReplyQuote
Topic starter Posted : 09/01/2024 11:03 am
(@dadmod2)
Illustrious Member

@paul741 hi, have you checked the direct access barrister site:

https://www.directaccessportal.co.uk/

You could try dads unlimited. I heard they offer at a lower cost: https://www.dadsunltd.org.uk/

Other option is mckenzie friend. They can support you in court, but can not talk to judges.

ReplyQuote
Posted : 09/01/2024 1:42 pm
(@dadmod3)
Honorable Member

There is a guide on the advicenow.org.uk website: going to court when the other side has a lawyer and you don't

This may give some advice and tips.

ReplyQuote
Posted : 10/01/2024 6:52 pm
(@paul741)
Eminent Member Registered

Hi all

I’ve finally had the mums witness statement and 80% of it is referring to me having a one bed house and they have really gone in on this being unsuitable for any overnights. 

just a few pointers…she still co-sleeps with her mum at home so stays in her room every night. 

the house I rent is a detached house, the whole top floor is a big bedroom and both my daughters have their own space with a bed etc and room to run around. There’s a partition wall that kind of separates the room a bit but no doors etc….

Does anyone think this is going to be a major stumbling block at all? I have had a shared ownership application agreed for a 2 bed property to buy but that can’t happen until August this year so I will be referring to that in court but more worried about the short term. 

ReplyQuote
Topic starter Posted : 20/01/2024 8:03 pm
(@dadmod2)
Illustrious Member

I don't think it will be a big issue. Its great that you will be getting a 2 bed property soon.

ReplyQuote
Posted : 20/01/2024 8:08 pm
(@dadmod3)
Honorable Member

Could you offer to sleep downstairs on the sofa until you get the 2- bed house?

ReplyQuote
Posted : 21/01/2024 2:06 pm
(@mrstrange)
Estimable Member Registered

The fact that your daughter currently co-sleeps with her mother may be relevant, as it shows a level of adaptability in her sleeping arrangements.

Here are some points you could consider:

  • Emphasize the adaptability of your daughter's current sleeping arrangements and the provision of a dedicated space for her in your home.

  • Highlight the temporary nature of the current accommodation and the steps you've taken to secure a more suitable long-term living situation, such as the shared ownership application for a 2-bedroom property.

  • Provide evidence of the suitability of the current accommodation, such as photographs or descriptions of the space, to counter the claims made in the mother's witness statement.

The court will weigh the short-term accommodation concerns against the long-term plans you have in place.

ReplyQuote
Posted : 22/01/2024 6:13 am
(@dadmod4)
Illustrious Member

My case is now 25 years old, but at the time, I got both of my daughters from the mother at virtuall no notice. We set up a bunk bed in a separate area, and closed it off with a curtain, and immediately set about plans to extend to give them their own rooms. That was planned to complete 4 or 5 months in the future. When CAFCASS visited, they are happy that the bunk and closed off area were good interim measures, and that we had a longer term plan in place and they didn't raise any concerns about this. I would say you are in the same position - if you can prove that shared-ownership plan, I don't see an issue.

ReplyQuote
Posted : 02/02/2024 1:50 pm
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