Representing Yourself At Court For Access To Child

[buffymad]

My other half's ex is denying him access to his daughter. He's been to see a solicitor who referred him to a mediation lawyer. No joy there so he's been back to his solicitor who said it will now have to go to Court. He was on legal aid before but becuase this is a "new" matter, they've said he'll have to pay from now on - or represent himself at Court.

Has anyone done this before and what does it involve and what would he need to know beforehand? He's not the best at staying calm under pressure so I'm a bit worried about this on his behalf!

[rockyracoon]

Get him to try here buffy

http://www.fathers-4-justice.org/our-campaign/help-advice-support-faqs/

Good luck, my brother went through it a few years ago, the process was soul destroying.

[FredPuli43]

Try a new lawyer. They may find a way around this difficulty.

Representing yourself when the other side is represented is never going to be easy. A big part of the lawyer's job is in stopping the client from coming across as more emotional than practical. It's hard to do that when you are representing yourself. The law and procedure are fairly easy to understand.

[buffymad]

Thank you. Well he hasn't seen his daughter for about 5/6 months now. Basically his ex is saying he's unreliable (he had to go into work twice but gave her notice in good time that he couldn't see her on those days) and that's why he can't see her! She doesn't actually know that he got mugged one night, spent all night at the police station and then hospital, but still managed to pick his daughter up the next morning. Very annoying and very sad. That's the thing - I think a lawyer would have him for breakfast. He's very true in what he's saying, but wouldn't necessarily understand any "technical terms" and would get confused by what's going on I think.

Legal Aid stopped at the beginning of April I think so he won't be able to find any help from any other solicitor. He really can't afford to pay solicitor fees either.

[FredPuli43]

That, the facts you disclose, won't worry a professional nor should it worry him nor will it affect the court. Believe me, courts hear complaints like this every day. They've heard it all. They apply common sense and are not affected by the emotion, which may include "getting back" for supposed past wrongs or the breakdown of the relationship, which may be behind the complaint.

He should not worry about technical terms. There aren't any, unless he thinks access or custody or care and control, are technical, which is unlikely. They are what they sound like. The language used by social workers may be something else sometimes: nobody, including the judge, understands that, and everyone has to have it translated ! He shouldn't worry. Just try not to rant or sound as emotional as the mother, if she goes over the top, as is natural but unhelpful.

[buffymad]

The ex will definitely have a solicitor as her parents have already said they'll pay for her.

Fred - that makes me a feel a bit better. Had visions of the courts being all high and mighty and taking a dim view of someone who wasn't highly intelligent and knew all the right things to say!

[FredPuli43]

No buffymad, the family courts are about families. They are not about multi-million pound companies suing one another over what one word in a contract means; who cares? Nor they about supposed murderers being tried; everyone cares. No, they are about families and, above all, the children. That's the key, the children. Their sole aim is to do what is in the best interests of the child. This is not always what the parents want for themselves, but they are often more concerned with personal battles in which the child is merely a weapon, poor kid. I don't say that applies in this case, not knowing details, but let's just say that parents do tend to be unrealistic.If you asked the mother "The father hasn't seen the child in six months. He now wants to. Do you want your child to grow up until the age of 16 without knowing the father?" what would the typical mother say? If she said "No" she'd either be lying or stupid, in the absence of the father being keen on incest! "Yes" is where compromise begins and she has to accept that not every appointment missed in future means an end to his rights.

[tonywiltshire]

Buffymad, since the Legal Aid, Sentencing & Punishment of Offenders Act 2013 and the general reduction in legal aid more and more people will self-represent and in my experience the Courts will allow more freedom to those who appear as self-representing than they would to a professional. If your other half is going to self-represent he may find preparation to be the key rather than leave it to chance, make sure he prepares thoroughly before Court he can be assisted at court by a McKenzie friend who can handle his papers make notes and generally guide him but may not address the court on his behalf.

[atalanta]

Do Please Please visit the Citizens Advice Bureau.