grandparents taking me to court for residency and access unsupervised of my children part 2

gixer71100

Hi,
I have made a new thread as I have now been to court. I went to magistrates court and was in there 5 mins. Before that I was seen by Cafcass and the applicants barirster.


Cafcass: Two ladies told me, their letter they had prepared couldn't be seen by either party and was only being shared with court. Their recommendation was for the case to be heard by a district judge not a magistrates.



Court: They decided the case had to be passed to a DJ (distruct Judge). The court hasn't decided if the grandparents application is to be accepted yet. This is what I understand from the proceedings so far.


The applicants barrister: He asked us questions that we didnt want to answer as he is the applicants barrister. He asked if social care were involved and we didnt answer. He also recommended the case should go to a DJ not a 'woodentop'. He said a section 7 rpt would be made (welfare rpt). This could take 10-16wks. A directions hearing would take place.


As some will know from my first thread- Part 1 . I had already sent in statements of truth from friends and family to the court and the applicants solicitors. I had done this too early. I am representing myself.



The question I have is: Can I retract the statments and if so how do I do this? Would it be a bad idea to do this? Or a good idea?


What should I do next, what preparations do I need to make? Is this a common response from the court? Will the applicants/solictitor have to send anything to me before the next hearing?

I have a letter this morning from the court. it says

CHILD ORDER ACT 1989. First hearing dispute resoutions appointment.
Upon all parties agreeing that the matter should be delt with by a DJ in view of the nature of the alligations and complex family dynamics.


Futher case management , all hearing allocated to DJ
Hearing on date/ time notified. This will be a first hearing dispute resoultion appointment
1hr for hearing, allow 1 hr before for faciltate discussions.


When sending in statements place case no etc...
Ajournment application 14 days before etc..
I also have a set date and time for the next heariing.


Thank you in advance for help.

seashore22

With something as important as this, you need proper professional legal advice. As great as this place is, I think it's above our pay grade.

GlasweJen

From what I understand the OP is a recently bereaved father of two on low or no income. I don't know if this sort of situation allows for legal aid to be claimed?

elsien

Is there a law centre in your area who may be able to help you with this?

I presume you've checked the legal aid position?
https://childlawadvice.org.uk/information-pages/legal-aid-for-family-law-matters/
It does mention legal aid if the child is at risk of abuse.

chesky

Have you been to your local CAB to see if they can arrange for you to see a family solicitor for a free 20 minute appointment for advice?

gixer71100

GlasweJen wrote: »

From what I understand the OP is a recently bereaved father of two on low or no income. I don't know if this sort of situation allows for legal aid to be claimed?

I have explored legal aid. I am not eligable. Im not involved in dometic violence situation or have a social worker. Sadly I dont have enough money for a solicitor, let alone a barrister. Thank you for your help.

Rachel83

One of the downsides to legal aid cut backs, cases like this where if you cant afford the correct advice then you wont get any. Have you tried self referral to social services for a social worker? CAB? Many helplines, possibly gingerbread... I could be qrong but I think they are for single parent support. Berevement support, even asking your GP for help?

Seanymph

Are there any groups, I hesitate to say fathers for justice or the like, who would offer you legal support?

Ms_Chocaholic

Hi


Just a few questions to get myself (and others) an understanding of the situation:


I have just read your other thread briefly - can you let me know who was the main carer for the children before your wife died and have you been their main carer since then?

How much contact have the grandparents had with the children prior to your wife's death - daily/weekly/monthly/only birthdays and Christmas.

Have you reported the harassment to the Police? If not you need to but it might be too late now.

Are Social Care involved with your children? If not, why did you not answer no to the Barrister.

What is the reason you want to withdraw the statements you have submitted to the Court.


NB: It's not worthwhile taking someone with you to Court, they are not allowed in the Court room with you unless they are a McKenzie Friend.

diggingdude

Hello

Remember that there will be a social worker involved now if you are having a section 7 report completed. Social Worker will be undertaking an assessment which will be submitted to the court. I have done them before but not for a while so not sure if that will now qualify you for legal aid.

Best of luck

gixer71100

diggingdude wrote: »

Hello

Remember that there will be a social worker involved now if you are having a section 7 report completed. Social Worker will be undertaking an assessment which will be submitted to the court. I have done them before but not for a while so not sure if that will now qualify you for legal aid.

Best of luck

Hi, I will ask my family support worker. But last time I spoke to them they said there waas no social worker involved. My case is a private case, Im being take to court privately by my mother in law and her husband. Social care involvement is voluntry. Im not being taken to court by them. Thank you for the advice.