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1st Directions hearing - What to expect

  • letmeseethem
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19 Nov 08 #66414 by letmeseethem
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Hello

I have a first directions hearing coming up. The background is that I have had no contact with my children for over a year. My attempts to initiate contact with my ex wife have been completely ignored.

I have issued court papers and have a court date. I want to represent myself where possible as I am not in a position to fund solicitors fees. What should I expect? What do I need to prepare? Am I making a mistake representing myself?

There is a meeting planned immediately before the hearing with CAFFCASS but that does not give much time to sort things out in my opinion.

I have tried to keep it concise, I hope somebody can help!

  • justm3x
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19 Nov 08 #66433 by justm3x
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I assume this is a contact order so that you can see your children?

My partner went through the same, he also represented himself and the judge was very understanding. His partner was being very obstructive with the divorce and contact, so he had no choice but to take her to court.

His partner did not want me to be there on the visits, but the judge stated that as we were in a stable relationship he saw no reason as to why I could not be there after the 3 months. His son was happy to have me there, so much so he kept asking for me when my partner saw him and the caffcass officer knew this and all this went into the report.

The caffcass officer makes a report which goes to the judge and from then on, the judge asked what you both want. Once he's heard both parties requests, he makes a decision, which is usually based on the first 3 months. You will then have to attend court 3 months later and then a long term decision is made.

To be honest my partner made the best decision to self rep as he achieved so much more than he did when he had a solicitor. He has now self repped throughout the whole divorce/contact and so far the results have been fantastic.

Good luck

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20 Nov 08 #66661 by letmeseethem
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Yes it is a contact order. Thanks for reply and words of encouragement. Is there any chance you can ask your other half what I need to take to First Directions hearing and what I should expect.

  • letmeseethem
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27 Nov 08 #68828 by letmeseethem
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Can anybody help??

  • sun_shadow
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27 Nov 08 #68844 by sun_shadow
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Hi Letmeseethem..

I can fully uinderstand you as I was in same situation as my stbx stopped my conatact with my twin boys (6 yrs) so i have no option than to take her to court.

I did self rep as i felt more confident than sol as my sol told me i got no chance for shared residency or that I should only go for contact order but anyway I self rep all the way and got shared residency and all the weekend contact, 7 weeks holidays, new year, xmas..... I am so happy. ( you can see my case if u go to my profile).

If you are doing self rep it can be very good as you know your case better than anybody and it can save u lot of money but problem is that you have to be very calm , cool and collected as your stbx will acuse u in front of the judge and judge will ask you very tricky question. (Like how child will benefit with your contact or shared care).. Remember it's all about child .. not about you.

So whatever you say, it should be around child that how it will benefit your kid....

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04 Dec 08 #70631 by jackie28
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hi letmeseethem i just been to court for a directions hearing my sons dad wanted residence of my 2 yr old son and offered me contact i defended this action through a lawyer and offered him contact in the way of one day for 6hrs and one overnight stay a week he refused to take it or see his son for 8 weeks or so went to court today he asked today for 3 nights over night and a day for 6hrs i refused and offered him the one day 6hrs every week and over night stays one night one weekend and both nights the alternate weekend and he was advised if he refused to take it he could get less when the judge stepped in to impose the order so he eventually agreed to that

nothing much was said in court the judge had already had the case notes and read up on them came in asked if we reached an agreement my lawyer explained the arrangements he took note of it and said he was glad we agreed and he didnt need to impose it and gave up a final hearing date for 8 weeks was over in 10mins

  • justm3x
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05 Dec 08 #70674 by justm3x
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Hello letmeseethem... can I just say, if your wife refuses anything you put forward, she will have to have a very good reason for the judge...

My partners stbx was being obstructive and the judge saw through it and over ruled what she wanted. My partners son was suffering because of her insecurites because she told the judge that she did not want her son having another mother!!

So hang in there and make sure the judge knows you are self repping (tell the usher) because he will not take anything at face value from her solicitor, her solicitor may try it on, as did my partners stbx's one did, but the judge will want to speak to you and make sure you understand everything.

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