Nothing could have prepared me for this as flying solo, litigant in person. I got there early, bag searched, charger plug taken off me and it was touch and go whether I’d keep my food because there was a spoon with it.
The room was cold . A prison cell without the bed and a bigger window.
My first shock was when her solicitor came in . I felt like I was trapped, pinned in, witness intimidation but this is normal. She wants to know what you agree on and then asks why you want what you want. Don’t tell them , wait for the judge. I felt I lost all my confidence after this interrogation and all the ‘well we will fight against you with that’ . As someone regularly bullied it is hard not to experience this interaction in those terms. Getting mocked for having no solicitor this was the worst part of the day actually.
In court as I was not represented their solicitor went first saying what she wants and why. Write stuff done, quote things which are wrong. I was shocked by the lies.
One of the best things I took with me was a clear timeline so I could quote back with dates when they claimed CAFCASS gave them surprises when I could give them dates to challenge that.
The magistrate does give you a chance to respond. You do have the floor and won’t get interrupted so speak your truth calmly free from accusations and evidence free assertions. For me I was clear I’m not a psychologist or qualified to make specific assessments but I can share what was disclosed to me.
I was keen to emphasise she is a god mum who tries to put the kids first to the best of her ability. One because it is true but again I want to deescalate, I never wanted to be in court. I was also clear that I didn’t have ‘contact’ before but an equal parent parenting my children daily. I was not being dismissed as a weekend dad from the outset
Miraculously the magistrate said this is too complex and beyond his authority to make orders and we needed a judge. There was one sitting who may take the case. Their solicitor managed to talk to the judge’s clerk and we got a hearing with judge an hour later . This is what you want and I know how lucky I am. This could take months. Rather than a magistrate with basic understanding of law and process we now had a Children Act expert .
The hearing with the judge an hour later was so different. I felt seen heard and validated for the first time by any professional. I had been wanting a fact find to provide evidence to deny the accusations made against me and make my own. This was pushed back against by her solicitor suggesting I would just damage her mental health.
The judge agreed a witness statement with limited examples and no need to respond to counter allegations at this point. A massive piece of work but for me a huge step towards the truth.
Finally if there are allegations flying do not expect any contact reinstated at this point . they will want a section 7 detailed report from social services first to be confident you are safe to see children.
Again I reiterated she is a good mum. Again I got a right to respond . However her brief had changed her tack after being challenged by me in magistrates claiming her client forgot. So I was sure to make sure the judge knew this had changed from an hour ago with the magistrate. And I would not have ‘forgot’ an allegation which made me gag when I read it, in your written allegations about me.
I went home a load lifted , palpably less stress. There is no getting away from this being off the scale stressful so clear your week balancing busy distractions and no responsibilities . I was not in a fit state to work.
As soon as you can write up notes on what happened and what was said . You will need this for round two.
…. The throw up and cry.
… then pray , again.