Hi everyone.. Does anyone know if I can self represent at my 3 day fact finding hearing? My Barrister has dropped a massive bombshell on me today. Her fees are way to expensive for me. If I self represent at the fact finding hearing, who will cross examine my ex? Will the judge do it, as I'm unrepresented? Thank you so much for your time and help guys....
Hi , likely hood is the magistrate will do the x examination , def if there’s been allegations of domestic abuse etc , there was a dv bill introduced that said “victims “ shouldn’t be x- examined by the perpetrators which is guess Is fair enough . Family court isn’t like crim so fam you have to proove on balance of probability something happened rather than criminal court beyond reasonable doubt. It’s very doable yourself but the applicant will be the one who prepares the bundle if both Parties are not repsrented ( as far as I’m aware under the civil procedure rules . Plenty online about what to include . Have you done your Scot schedule etc yet ? I assume the court have asked for this and witness statements in an order laying out the times when it all needs serving?
Hi Devo, it will be the judge because if there is allegations of domestic violence the law was revised in 2017 so that victims aren’t crossed examined by abusers (alleged abusers) you should still get a opportunity to ask your questions through the judge or my friends case it was a mixed some where his questions and some was the judges questions, I would get a new barrister devo her barrister is going to try their hardest to discredit you. You need to have someone to fight your corner, best of luck.
Hi , likely hood is the magistrate will do the x examination , def if there’s been allegations of domestic abuse etc , there was a dv bill introduced that said “victims “ shouldn’t be x- examined by the perpetrators which is guess Is fair enough . Family court isn’t like crim so fam you have to proove on balance of probability something happened rather than criminal court beyond reasonable doubt. It’s very doable yourself but the applicant will be the one who prepares the bundle if both Parties are not repsrented ( as far as I’m aware under the civil procedure rules . Plenty online about what to include . Have you done your Scot schedule etc yet ? I assume the court have asked for this and witness statements in an order laying out the times when it all needs serving?
Court didn't ask me scott schedule .... what should I expect in my upcoming factfinding hearing ?
Hi mate.
I had a fact finding recently.
We both (the ex) had to work off/fill in a scott schedule. We are both represented though so solicitors so they done most of the prep work so to speak.
Evidence..get as much as you can but focus on the most relevant to your situation, from what I can gather you might not be allowed to use phone recordings if you plan to.
I gave all my evidence in before the hearing but during the hearing itself a situation arised where an email on my phone that I didn't think was that important turnt out to be vital but I didn't list it as evidence before hand.
That's my limited input from my own experience but I'm sure there are others on here with greater knowledge and experience who can help you out even more.
Good luck mate.
@macmyers thanks buddy for the reply.
I already sent the evidence to court.... in PDF format...
my mate said take the print out of evidences (pics) and video in USB or laptop.
what do you suggest ?
i dont understand this - We both (the ex) had to work off/fill in a scott schedule ???
She don't have any evidence and I am representing myself.
Court order her solicitors to file a bundle thats it ....
You can represent yourself at the fact finding. You can take a list of questions you'd like to ask and give these to the Clerk of the Court. If its being heard by magistrates, then the Clerk will ask your questions although the magistrates may well have some of their own. Take your evidence with you, in fact take everything that might be useful. There is a guide to fact finding hearings on the Rights of Women website: www.rightsowomen.org.uk
Its usual for the court to ask the applicant to complete a scott schedule with a limited number of allegations, usually 5/7. They give more detailed evidence and you can then disagree and explain why. It sounds as though they bare going straight into fact finding.
Thanks for the reply.
I'm very stressed that my hearing postponed till end of JULY due to unavailability of Judge.
this is the second time they have done that :((((((((
i am so upset
@f4father hi, that sounds very tough. I would recommend you take a lot of breaks in between these hearings. take roads trips, keep yourself occupied. look after your health.
@bill337 thanks mate..
my only concern is he has forgotten me till now its been 3 years i haven't seen him ..
also the time he is growing will not come back
all fate ....mate.....
My Fact find hearing is on 30th and 31 of Oct and the court has informed me I need representation for cross-examination of the applicant since there are domestic abuse allegations.
If I don’t obtain representation, then I’ll have to send to the court a written list of questions that I wishes to ask the applicant about the disputed allegations.
I have found a barrister that just will do the cross-examination only and he quoted £1200.
Has anyone use a barrister for just cross-examination in fact finding hearing and how did they find it?
Also, my case has on been ongoing since 2020 and I've been allowed to see my children this month through a supervised contact, which I paid the fees.