Update and question about CAFCASS

maggied_2

Thanks LG - let's just hope this can all go on hold for a few days and we can all just enjoy Christmas without any more carp:D

Merry Christmas to you too xxxx

speedster

her mother wont be able to represent her as she has a vested interest in the case. she can be there, but not in a legal guise.

maggied_2

Ah right, thanks Speedster. I take it she's allowed to have someone with her in the court though, and it looks like that would be her mum.
It seems to be her mum communicating (fax and email) with the court / solicitor though. Is that OK as long as correspondence is 'signed' by X?

Shame I can't be there - that would certainly provoke the required reaction :rotfl:.....sorry that's a bit glib.

Looks like we do have DSD on Boxing Day (spoke to OH's mum who was looking after DSD today - she spoke to X when she collected DSD) although OH has been 'ordered' to collect her at 10am and drop her off at 10am the next morning :rolleyes:

daska

I think your OH could object to her mother being in the court as much as the ex could object to you. Why not try it and see?

space_rider

daska wrote: »

I think your OH could object to her mother being in the court as much as the ex could object to you. Why not try it and see?

You can have what`s known as a "Mckenzie friend"

daska

But the judge can refuse to allow another family member if the other side objects. (Have sat in the waiting room a few times but only when OH's ex bothered to show up.)

speedster

space_rider wrote: »

You can have what`s known as a "Mckenzie friend"

indeed. but firstly that person cannot be personally involved in the case or family or even the judge.

i couldn't macenzie for my friend as his case was being heard by the judge in my case.

and as has been posted, if the other side raises an objection to your MF or family member then they wont be allowed in. they only have to put a reasonable objection in and they're out. it has to be reasonable though, they cant just say "i don't want him represented"

maggied_2

Hello again.

Well....OH now has a new court date for the start of February. X seems to have wound herself up about this so much and is acting a silly moo as per form.

I have a little question thought for people who have been through the court process. Every time something isn't going her way she says "This is all going to come out in court you know!" - I think she believes it's going to be some huge court case where she gets to take the stand and let rip at OH.

If she does do this - what will happen? What is the actual set up on the day? It sounds as though if she does do all this it will have to go to the next stage and could result in another 5 hearings before the court can step in and make a decision. We've decied that if this happens we'll have to dispense with the solicitor and go it alone.

Any thoughts / experiences?

Blob

In the event that she lets rip, sit back and watch the show, the Judge will not be happy and will leave her in no doubt of this at all, he may even adjorn the hearing to let her calm down! He will take note of the reports and what is said in a rational manor far more than a tantrum. My ex tried it she was left in tears by the Judge who gave me everthing that I asked for and some! He even warned her solicitor off as well.

Once you have started down this road you will have a review of the case on a date set by the Judge, either 6 monthly or yearly, untill there is some agreement, again my ex had it ramed down her throat by more than one Judge untill she realised that fighting the Court was a waist of time and money, as every time she came back she lost more to me that she did not want to.

space_rider

It wasn't like that when I was in court but I did know to behave in a dignified way. If she has a solicitor they will speak for her. If she doesn't behave and heed any warnings she'll be held in contempt of court.