[Solved] Self-Representation of a potentially complex case

It would probably be better just to say something like, if the court finds favour with my application I will do all I can to encourage regular contact with xxxxx. I believe that both parents should be as involved as possible in their childs life.

Sometimes it’s better to drop the legal speak and be a little less formal, call the mother by her name, if you’re not comfortable with first names then Miss/Mrs xxxx is perfectly acceptable.

Thank you Mojo, I'll amend my document and have another set of eyes take a look.

Hi all,

Today I had my first hearing.

As I've never been in this situation before, I don't really know what to take away from the hearing.

Overview

- We both spoke with the CAFCASS officer separately before going into court
- The hearing lasted approx 10 mins
- CAFCASS will carry out a section 7
- In the meantime, the days in which I have my daughter have to remain the same
- We both have to attend a separations course

The judge was really nice, but I'm not sure I was able to get my points across. All she really asked was if I see my daughter on the set days I specified and I said yes and that was really it. I didn't get to tell the judge:

- That the reason I brought it to court was because my X broke our personal arrangement and then reinstated it
- I didn't tell the judge that she manipulated my daughter into saying she doesn't want to see me
- I didn't get to give out my Position Statement
- I didn't get to explain my other reasons for bringing it to court

Is this expected?

I did ask about the position statement, however, she said after the section 7 has been carried out I will have the chance to give out my position statement if I don't agree. The judge also asked me if it was true that I suggested my child live with me to which I agreed and that was it, we didn't get into any detail about why I brought it to court.

I guess if this is normal I need to get ready to present my case properly on the next hearing rather than this one. I would hate for this to end with nothing in place but a verbal agreement between myself and X because this is one of the reasons I brought it to court in the first place and so that she can not control when/if I can see my child based on if she is angry with me.

Hi there

Not much happens at the first hearing, and until the welfare reports are in, its quite usual for contact to remain the same.

It would have been better to have given your position statement to the clerk when you arrived and asked them to give it to the judge that was sitting, but not to worry, as the judge has indicated, you’ll get a chance to file one at a later date.

You can share your concerns with the officer that is preparing the Section 7 report, but it’s probably best to be careful about making accusations of manipulation, it would be better to say something like you don’t feel that the mother is encouraging your daughter about contact with you.

All the best

Thanks for responding Mojo.

Ok got you! It makes sense because I read a report that says manipulation is one of the hardest things to prove. I'll raise my concerns by telling them what has happened in the past and let them determine what they feel it is. Hopefully, when they speak to my daughter she tells them of the time/s her mother told her to lie to me.

Hi there

Not much happens at the first hearing, and until the welfare reports are in, its quite usual for contact to remain the same.

It would have been better to have given your position statement to the clerk when you arrived and asked them to give it to the judge that was sitting, but not to worry, as the judge has indicated you’ll get a chance to file one at a later date.

You can share your concerns with the officer that is preparing the Section 7 report, but it’s probably best to be careful about making accusations of manipulation, it would be better to say something like you don’t feel that the mother is encouraging your daughter about contact
with you.

All the best

Exactly! Explain the difficulties you’ve had and leave it to them to draw their own conclusions. Sew the seed and the seed will grow...hopefully.

If she is a good mother and looks after them well, there’s nothing wrong with saying that, it helps to show you have a balanced view. Saying something like... she looks after them well, that’s why it’s all the more perplexing that she doesn’t seem to grasp how important it is to promote and encourage them to have a relationship with me.

All the best