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Preperation for the...
 
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[Solved] Preperation for the 1st Court Hearing


Posts: 4
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Topic starter
(@andyj76)
Active Member
Joined: 13 years ago

Applied for PR, Contact and Residency.

Just in the process of getting all my case notes ready for the 1st hearing, just wondered if anyone could give any advice on how to set everything out?

Thanks

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(@Filmmaker_1970)
Joined: 15 years ago

Honorable Member
Posts: 458

Hi Andy,

Yoji has pinned a very comprehensive guide to self represenation at the top of the forum. I think you'll find everything you need there...

... if not, don't worry, someone will be around with some advice soon!

FM '70

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(@Filmmaker_1970)
Joined: 15 years ago

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Posts: 458

Just realised that Yoji's guide doesn't cover applying for PR...

... somebody will inevitably be able to help, but if you're short of time I would give the Corum Children's Legal Centre a call. There's a link to their website at the foot of the page and they offer free legal advice for anyone representring themselves in the family courts!

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 Yoji
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(@Yoji)
Joined: 14 years ago

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Posts: 510

Hi andyj,

As long as you have everything in some form of Order its no problem.

As you are going for PR, the Courts will go for this first. The easiest way of thinking of this is, you will have to argue why you should have PR, and likely your ex or her legal team will say why you shouldn't. You will get the opportunity to challenge any allegations or concerns that they raise.

Contact will still be discussed, of that there is no doubt. However the PR is the simplest thing that should be gotten over first.

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(@andyj76)
Joined: 13 years ago

Active Member
Posts: 4

Thanks Guys.

We have received confirmation that she has got a solicitor obvioulsy from legal aid. The forms we used to apply for court isnt she meant to reply to them or if she doesnt does that mean she wont contest to PR and contact?

What actually happens on this first hearing? the directions hearing. Will i get PR and contact or will i have to ask for intermin contact order?

Thanks again everyone for your help.

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 Yoji
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(@Yoji)
Joined: 14 years ago

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Posts: 510

Hi andyj,

Yes. If you have been dealing with these. You will have sent an Acknowledgement of Service Form. This is the form that you will have a copy sent (by the Court following her completion of this) and it will specify in the general sense whether she opposes or agrees. I assume this is what you are asking for? If so it can sometimes take a while to arrive. Its worth calling the Courts to see if they have received this form. If not, contact her Solicitors to get their stance or information as to the progress of this.

The first hearing is a directions hearing. Before the meeting you will meet with her Barrister/Solicitor (both maybe) to discuss what you are requesting, they will then put forward their clients (your ex) concerns. PR will be the first issue. You will most likely be asked why you want Parental Responsibility. They will then acknowledge this and put forward their "concerns" or reasons against. You have an opportunity to challenge these.

The Legal Adviser can then based on the evidence make a decision to pass this information on to a Judge who can authorise the PR. You should note that granting PR is actually a benefit to the Child and its a good line to say that in your reasons why. For example it allows things to be considered from a different viewpoint and will provide a foundation for Father and Child and his or her wider family.

From this, the Legal Adviser will want to know what Contact is currently going ahead, and in all likelihood will make an Interim Order that could/could not include your attendance to Mediation.

Have you read the Court sticky at the top "Guide to Representing Yourself" or something like that. It will give a little more info relating to when you meet the Barrister, Court expectations and so forth. Any more info just let us know 🙂

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