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TOPIC: Crown VS magistrate

Crown VS magistrate 2 months 3 weeks ago #97165

My case was initially quite straight forward - wanted to get something in writing to guarantee seeing my kids for just one day a week. It has now opened up and there is clearly parental alienation going on. Since learning of my application to family court, the ex has been on a mission to gather as much evidence as possible to build a case for the children not seeing me. I have been receiving legal advice from the start and many have told me that this case would be best dealt with through the crown court, rather than a magistrates. What is the difference and any benefits? I am aware of the cost implications

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Crown VS magistrate 2 months 3 weeks ago #97166

  • Mojo
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You can’t choose which court your case would be allocated to unfortunately. It’s usually dependent on the complexity of the case, urgent applications will often mean that it’s before a judge, rather than a panel of magistrates.

Magistrates are lay people and not trained in law, they have the assistance of the clerk and court advisers, but will often take the path of least resistance and can be less thorough.

Judges have a depth of experience in law and will usually be more thorough and have seen and heard it all, so aren’t as easily fooled... usually.

It doesn’t cost more to go to a higher court, unless using solicitors/barristers, in which case the cost rises quite substantially.... self repping is open to either party, whichever court hears their case.

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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!

Crown VS magistrate 2 months 2 weeks ago #97194

Hello chriseverton,

I can only speak from personal experience supporting my Son through the application for access to his children.

Appalling, totally untrue accusations levelled at my Son by his ex partner, access to the children denied by her, supported by her family, all of which are very unreasonable controlling people. Periodic attempted Parental Alienation occurs this mostly fails. I put this down to the detailed Court Order which has allowed my Son access and as a result a very strong bond between he and his children has now been established.

His case went before a Judge who was very perceptive as to the truth of the situation which prevailed. A good solicitor was engaged and a barrister for the final hearing. Cost a small fortune. In my opinion the Mother should be utterly ashamed of herself as the money spent was money that my grandchildren should have had, in short, I believe she has "robbed" her own children. My Son's application for access was successful.

As has been mentioned previously you do not have to engage a solicitor or a barrister you can self represent. However, I wish you luck and based on my personal experience, I hope your case goes before a good Judge.

To conclude, give your ex no reason to criticize or use against you in court anything you may say or do. Keep a diary, emails and texts, you may need them. I am of the opinion it is not good to engage in emotional arguing with the ex, it serves no purpose, I understand this can be difficult to do as emotions run high but refrain.

Most important of all are the health and welfare of your children, make them the centre of the case you put forward.

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Last Edit: by MotherofaFather.
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