TOPIC: Self-Representation of a potentially complex case

Self-Representation of a potentially complex case 7 months 2 weeks ago #94117

  • wizkid
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Hi everybody, I'm back looking for some more advice.

Currently just started the divorce process, thanks to recommendations from people on this website I have gone with Wikivorce. I am also looking at using their Child Agreement Service but before I do I want some advice.

- Wikivorce offers a child agreement services but from what I've read it only covers the filling out and filing of documentation. Correct me if I'm wrong but when going for a child agreement order, this can now be done and submitted online?

- My case might be potentially complex - I know there is a lot of factors that the courts take into consideration before making a decision but I feel I might have enough evidence to suggest that my child lives with me but will still be able to see mum. However, what would happen if I went down this route and the court decided that I didn't have enough evidence, do I have to re-apply to the courts to change my intentions or is it all one process?

- I know the court fee is just over £200, if representing myself is that the only thing I pay or is there additional hidden costs?

- I've seen a lot of threads on this forum about self-representation but is it wise or does it just make sense to get a solicitor? I appreciate this is a wide-open question but I suppose I'm looking for feedback from those that may have done this already.

Any advice is appreciated

Thanks

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94118

  • Ldad
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Hi,
Speaking on behalf of my partners experience.. no hidden fees, the cost is £215 for Child arrangement order.
I'm not sure if its any different for you as you are doing it with a divorce but generally you must attempt mediation. The cheapest i have ever found for my partner is £60 for the initial meeting and £30 for the signed form (MIAM).

Again speaking on behalf of my partner self representation for the child arrangement order is fine, he is not able to afford a solicitor however even if he did i think he would prefer to self represent as he knows what he wants and knows the background better than a solicitor would so he is more confident to go himself. I'm not sure if having a solicitor present would show the seriousness or have a different impact (which would be interesting to know).
Good luck

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94119

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Thank you for a quick response.

I think I would be able to skip mediation given that I had my ex locked up previously for domestic violence, or so that's what I've read.

It's true about knowing your child and that was exactly my thought process. At this moment in time, I am considering representing myself, I guess I would just need to be organised as can be to present my case.

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94120

With regards to using a solicitor or self-reping there are pro's and cons for both.

in the first two years of using a solicitor their bill was over £8000, at least £7000 of that avoidable if the ex had stuck to the court order and not kept stopping contact and then starting with false allegations and the cr*p that went along with all that...so many hearings in two years dragging her back to court to get contact order revised or enforced.

If i'd known back then what i know now i'd have not used a solicitor until the enforcement hearings. even then i could have possibly been able to fight my own case.
i have to be honest, my gut feeling is that had i had a solicitor back in the enforcement hearing of 2013 and the ones in the last couple of years i may have had a better result than i got.
Self-representing for the early stages would have been better for my particular case. for the later ones i have sought advice here and from a Mackenzie friend (well worth the cost and around half of what a solicitor)
My problems in court is knowing at that moment what to ask for or what to push for, that specific legal knowledge that i lack against the ex's solicitor or barrister has really cost me dearly this last 3years.
i just haven't had the funds to even get a Mackenzie friend to help me so i've been struggling along with advice from hear and a group called Familes Need Fathers.

I would certainly suggest getting a good Makenzie friend to help you out f you do end up going down the court route, if you can afford it then a solicitor or direct access barrister.

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Self-Representation of a potentially complex case 7 months 2 weeks ago #94122

  • Mojo
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I wasn’t aware that Wikivorce offered such services, I would have said that everyone is capable of dealing with the initial stages of the court process themselves, filling in and filing forms and writing a brief position statement is very doable.

A lot of the members here, have managed really well without legal representation, some do the first stages themselves, and instruct a direct access barrister for a finding of fact hearing and/or the final hearing, some as Dad-i-d mentions, use the services of a McKenzie Friend.

I guess if someone can afford the services of a solicitor (which can easily reach in excess of £10,000) they may feel more comfortable doing so, although Ldad makes a valid point, that some feel they are more in touch with their own case and prefer to manage it themselves... it’s down to what you can afford and personal preference.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Self-Representation of a potentially complex case 7 months 2 weeks ago #94131

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Thank you for all your responses.

I've decided today that I will represent myself. I've submitted the C100 form online, rather easy to do so now I'll continue preparing for what's ahead of me.

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94132

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I would agree with using a McKenzie Friend, especially if you aren't necessarily that organised normally, ideally get one by personal recommendation.
If you do want to use a solicitor, you could always just use them for advice when you really need it, which would also keep your costs down.

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94138

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We will do all we can to advise and support you. If you have any questions, please just ask.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Self-Representation of a potentially complex case 7 months 2 weeks ago #94161

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Thank you, I'm glad I come across this website, for the past year its provided me with some great help.

I think I am fairly organised but I will explore the possibility of a McKenzie friend if I feel like I might need one.

I submitted my C100 form yesterday. I am hoping to skip mediation due to the fact that domestic violence has occurred and I was wondering if anybody knows the type of evidence I would need to present. Would a Police reference number be enough or would it make sense to present evidence in the form of pictures/videos of a particular incident?

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Self-Representation of a potentially complex case 7 months 2 weeks ago #94176

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I'm pretty sure a police reference number with a little detail should be sufficient. You could prepare a brief position statement to give a little background, although you can't attach any evidence to it, you can mention what you have, and say that you have it with you if the court wishes to see it.
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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Self-Representation of a potentially complex case 7 months 1 week ago #94248

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Mojo wrote: I'm pretty sure a police reference number with a little detail should be sufficient. You could prepare a brief position statement to give a little background, although you can't attach any evidence to it, you can mention what you have, and say that you have it with you if the court wishes to see it.


Police References I do have and yes I think it will be beneficial if I create a position statement.

Thanks.

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Self-Representation of a potentially complex case 7 months 1 day ago #94507

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Hi Everybody,

Just thought I'd provide an update.

I have now received confirmation from the courts with a hearing date for mid-October.

I am going to gather all the information I might need to support my case but wanted to see if anybody that's been through this already has any pointers/tips.

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