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Solicitor or Not?
#1
I have decided to go to court to get an Child Arrangement Order, my ex and i already have an agreement in place but i am unhappy with the arrangement as i am being told i cannot take my daughter out of the country on holiday or when i have access i am not allowed to take her out of the county we live in to visit my family, other forum members have advised on the court action, but i want to know should i get representation or is fairly straight forward to represent yourself in court, i have joint parental responsibility as agreed in mediation, my Ex has a solicitor but i am considering going it alone in the court,,, advice appreciated if you ave been through this already.
Lee
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#2
It is fairly straightforward to represent yourself – plenty of us have done it. The cost of legal representation can be ruinous, so it’s increasingly common and family courts in particular are used to it. Do plenty of research to make sure you know what you are doing and exactly what to ask for. However, if it’s basically just about clarifying your access and your wish to take your daughter out of the country on holiday, it shouldn’t be that difficult. If you’re unsure at any point, you can always visit a solicitor for advice on specific issues, or hire a barrister to represent you on the day you are in court.

If you’ve had mediation recently, you will need to be ‘signed off’ by the mediator before going to court. If it was a while ago, try returning to the same person and see if you can sort another deal out there – you will have to have tried mediation before being able to take a case to court.
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#3
we had mediation in December, but i am now being faced with extra restrictions i am unhappy with.
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#4
You'll want to ask for a defined Child Arrangements order. So dates and times of holidays etc are included on the order, then if she doesn't stick to them it's a breach. Eg a two week and a one week block each during summer holidays. A full week's half term each and a shared half term. A week at Easter and Christmas every other year. Plus defined that you pick child up 3.15pm Friday and return to school 9am Monday (or whatever).
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#5
You must also get a process put in place for the handing over of passports in the order. Easy to forget that and it can cause no end of bother sometimes.
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#6
I did the C100 myself and used this site as as reference I also used a McKenzie Friend for my first hearing and will be using them again for the final one as they did all the legal paperwork that I knew I'd do wrong that and I didn't have time.

She used a solicitor and still does and the cost vs McKenzie friend is much more better, I now contact her solicitor direct for everything as I know it will be costing her lol
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#7
I used a solicitor in my case and even though it cost me a fortune , but it was the best decision i made as my EX-wife lied against me with domestic violence and rape.
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#8
My solicitor and barrister were amazing, but I spent a fortune. Was it worth it? Well I got the result I wanted, so yes. Could I have achieved it without that? Possibly, but given the stakes I decided not to risk it.
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#9
Im not using one, i did use a Mckenzie friend though. But i suppose it depends how complex the case is. My ex has accused me of things but no proof what so ever. No safeguarding issues at all, the only thing i have is that she just flatly refuses contact based on her already proven untrue false allegations. So in all im not really sure i need one, i have nothing to defend or anything really.

I just need to the court to do their job and tell her straight she is wrong and its going to happen. Im yet to find out whether or not that is likely to happen though.
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#10
(01-22-2018, 11:37 PM)Charlielovesyou Wrote: Im not using one, i did use a Mckenzie friend though. But i suppose it depends how complex the case is. My ex has accused me of things but no proof what so ever. No safeguarding issues at all, the only thing i have is that she just flatly refuses contact based on her already proven untrue false allegations. So in all im not really sure i need one, i have nothing to defend or anything really.

I just need to the court to do their job and tell her straight she is wrong and its going to happen. Im yet to find out whether or not that is likely to happen though.

Same here, all lies no proof, no safeguarding issues and CAFCASS commended me and closed the case.

If the case is simple use a Mckenzie Friend, let her look dumb by going all in with legal stuff that you can do yourself.
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