The experience of attending Court is very hard to explain to someone that hasn't been through it. Sitting with strangers who talk about you and your family as if they know you, who have the ability to make crucial decisions that you are powerless to veto, feels totally inhumane and I have left more than once in tears.
It has taken me many Court appearances to understand the different types of Hearings that are listed, and I am sure my descriptions may not be 100% I wish I had taken more time to understand what each Hearing was so I didn't leave with dashed hopes. Here is a useful flowchart.
First Hearing Dispute Resolution
What has led the parties to this point, what C100 / C7 applications have been made and what is the course of action required to settle the dispute.
Directions Hearing
Time and time again I have thought 'this is the last Court day' but now I know that a Directions Hearing will NOT be the last. Directions are used to establish next steps as the name suggests!
Fact Finding
A Family Court trial where the Judge will make a ruling based on the balance of probability. Once Findings have been made they are still seen as true even without the Criminal Conviction of 'beyond reasonable doubt'. Parties are required to give evidence and other witnesses can be called by either party.
Pre Trial Review
Ahead of the Fact Finding (4 weeks normally) to establish order of the Fact Finding and ensure all witnesses/statements have been submitted. As an aside there was an issue with our original Fact Finding in that the Pre Trial Review was scheduled after the FF. After many emails and phone calls they only way I got action was writing to my local MP.
Final Hearing
When the Judge makes a final decision on the C100 / C7 applications.
Appeal
As the name suggests. There is normally a fixed date for a Party to make an appeal by. Naturally Liam always does on the last day possible lulling me into a false sense of security.
The Bundle
The Applicant's legal team are responsible for preparing the Bundle, which contains all relevant paperwork, statements, reports. Funnily enough as I became a litagent in person Liam had to hure a solicitor (previously he relied on my solicitor producing the report). Originally I had a printed Bundle - 2 lever arch files worth - but now there is a move to electronic. However I think for the upcoming Fact Finding I will revert to printed.
The Position Statement
Prior to attending Court each party is required to submit a statement outlining their proposed outcome and additional information relating to the case but it all needs to come from the stance of the children, and what is best for them. I find them hard to balance and have been caught out recently not including enough with a presumption it would be the same Judge. So I think err on the side of caution. I am also careful to not be inflammatory and very factual. Some more guidance can be found here. You need to follow a set layout: double line spacing, 12 pt and include any Bundle references with B followed by the Bundle number.
Comments