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Hi everyone.. Does anyone know if I can self represent at my 3 day fact finding hearing? My Barrister has dropped a massive bombshell on me today. Her fees are way to expensive for me. If I self represent at the fact finding hearing, who will cross examine my ex? Will the judge do it, as I'm unrepresented? Thank you so much for your time and help guys....
Hi , likely hood is the magistrate will do the x examination , def if there’s been allegations of domestic abuse etc , there was a dv bill introduced that said “victims “ shouldn’t be x- examined by the perpetrators which is guess Is fair enough . Family court isn’t like crim so fam you have to proove on balance of probability something happened rather than criminal court beyond reasonable doubt. It’s very doable yourself but the applicant will be the one who prepares the bundle if both Parties are not repsrented ( as far as I’m aware under the civil procedure rules . Plenty online about what to include . Have you done your Scot schedule etc yet ? I assume the court have asked for this and witness statements in an order laying out the times when it all needs serving?
Hi Devo, it will be the judge because if there is allegations of domestic violence the law was revised in 2017 so that victims aren’t crossed examined by abusers (alleged abusers) you should still get a opportunity to ask your questions through the judge or my friends case it was a mixed some where his questions and some was the judges questions, I would get a new barrister devo her barrister is going to try their hardest to discredit you. You need to have someone to fight your corner, best of luck.
You can represent yourself at the fact finding. You can take a list of questions you'd like to ask and give these to the Clerk of the Court. If its being heard by magistrates, then the Clerk will ask your questions although the magistrates may well have some of their own. Take your evidence with you, in fact take everything that might be useful. There is a guide to fact finding hearings on the Rights of Women website: www.rightsowomen.org.uk
Its usual for the court to ask the applicant to complete a scott schedule with a limited number of allegations, usually 5/7. They give more detailed evidence and you can then disagree and explain why. It sounds as though they bare going straight into fact finding.
Thanks for the reply.
I'm very stressed that my hearing postponed till end of JULY due to unavailability of Judge.
this is the second time they have done that :((((((((
i am so upset
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