been called to court, legal help?

atwitsend_2

I can't go into too many details for legal reasons but I have been called to court next week regarding a witness statement I gave the police last year regarding a murder case. I was not present at the actual incident but lived with the defendant for a period of time a few years ago.
Now the court case I have been called to is a civil case regarding care of a child involved in the case, the criminal case doesn't come to court for a few months yet.
The first I heard of this hearing was a phonecall from the police just half hour ago telling me I have to attend to give evidence next week. I informed them I am 38 weeks pregnant, and the court is in central London (i don't live within London at all) so it involves alot of travelling....

has anyone got any experience of these civil care cases? what the proceedings are? I have been told the defendant is going to be present, which I am not happy about dealing with, I was also told it is not a formal hearing, well the last thing I want is to be sat next to the defendant!!!
Is there anyway I can get out of going? I did ask the police if I had to attend they said yes, and that they would get a witness summons if I did not attend
To make it a little worse for me, I have a 7 year old who is disabled, I am his fulltime carer, and I have a 5 year old too, and I have no childcare, and the journey is not one I can make within school hours!
Is there anything I can do to get out of this next week?
The thought of the worry and the travelling, let alone the stress of worrying about childcare is awful and I don't really want it affecting baby.

floss2

You need to speak to the staff at the Court where the case is being held, to discuss your particular circumstances & responsibilities. Also mention that you have only just been told by the Police that the case is next week & you have no chance of arranging child care, and may well be in hospital giving birth at the time!

Tamsin_Temrin

I dont know about this, but is there any way you could do a video link.

daska

Family courts are less formal than criminal courts - while sometimes in a formal court they're often just a room with tables, no wigs etc. I would suggest that you ring the court - probably the listings officer - and ask what they suggest. You will HAVE to write to the court to explain your reasons for non-attendance but they will expect you to make every effort to attend. Does your child have a care manager - could you approach them for some respite care to enable you to do this. I think another possible outcome is that the judge might order the court reporter (cafcass) to interview you.

Curious_George_2

I would phone the court and explain exactly what you have said here,
I dont think they care much for the no childcare thing because that wont even get you out of jury duty let alone a proper trial situation,
but seeing as you will be 39+ weeks its possible that you may not physically be able to attend even if you wanted too!
and surely them finding out you went into hospital that morning and everything needs to be delayed at the last moment is worse than them finidng a way around it now?

atwitsend_2

Thanks everyone. This is the last thing I need atm.
The police person I spoke to earlier is sending me details of how to contact them through the post, once I have this I will ring them and see who to write to.

Pollycat

Hi
I'm don't want to alarm you any further than you already are, but if you're expected in court next week and they're going to advise you of who you need to write to, I think that's maybe leaving things a little late.

Unless you've explained your situation over the phone, they've accepted that attending court is difficult for you and all you need to do is to let them know in writing.

Could your doctor do a letter for you, explaining what you've said so that it's 'more official'?

Hope you get this sorted - I agree that it's the last thing you need at this time.

Dizzie77

I would also be querying why you need to attend a civil hearing....you gave a statement in relation to a criminal case, and when you gave that statement, it should've been explained that you might be called to give evidence - but specifically to the criminal case.

I certainly wouldn't be waiting for anything in the post and then writing a letter and posting it.....I would be getting back on the phone to the Police who told you that you had to attend and telling them to sort it out.
I would think that if you are a necessary witness, then the Police would get you there and arrange childcare etc.

atwitsend_2

I told them how heavily pregnant I am, she said she was concerned with me being so pregnant, but that there will be lots of doctors present in court (doesnt help me if I am on a train alone lol) but that I had to attend. I tried to get a doctors appointment, got to call back tomorrow, I feel a bit bad using up appointment time for sick people when its not actual sickness if that makes sense?

atwitsend_2

Dizzie77 wrote: »

I would also be querying why you need to attend a civil hearing....you gave a statement in relation to a criminal case, and when you gave that statement, it should've been explained that you might be called to give evidence - but specifically to the criminal case.

I certainly wouldn't be waiting for anything in the post and then writing a letter and posting it.....I would be getting back on the phone to the Police who told you that you had to attend and telling them to sort it out.
I would think that if you are a necessary witness, then the Police would get you there and arrange childcare etc.

I was in the car at the time of the call and had pulled over to the side of the road (funny enough a police car pulled up to see why I had stopped), I told her I had no way of writing a name or number down, I asked for an email, she said she would send me a letter first class, wish I kept a pen in my car now!!!

I completely agree with the statement being used in a civil case when I was only giving a statement regarding the criminal case, but she said they can do it and that I had to give evidence

Pollycat

I think Dizzie77 has made some very good points.

I would query (with the police) why there is this crossover between the criminal & civil case.
I would also ask why you have been given so little notice and why you were contacted by phone rather than letter (which I think is the usual process).

I appreciate that you can't go into details but are you even in a position to give evidence regarding this child issue?
You did say that you lived with the defendant some time ago but maybe that was before this child existed (IYSWIM).