Are You Ready? Are You Ready For Court?
If you are reading this, logically I am assuming, you have been in a relationship, which resulted in children. The relationship ended. Everyone wants the best for the children.
Logically, I am also assuming animosity exists as a consequence from the breakdown of the relationship. In turn, this means that the future of your family structure needs to be decided by Family Court. I will make the following assumptions. You have been involved in a Child Arrangements Order case and the Hearing date has been set. So are you ready for Court?
You Have Decided to Represent yourself in Family Court
Following the application a child arrangement order, the hearing has been scheduled by the Judge at your local Family Court. You have decided to represent yourself to makes sure you are ‘heard’. Or maybe to avoid unnecessary expense. The box on form that says you will be a litigant In person has been ticked.
Objectives are clear about what this order will settle, but have only one pressing question.
What is a Litigant In Person?
The shorthand is, that you are representing yourself in court. Your case will be heard by the court, appointed by the State. There are procedures to adhere to, and you are acting as your own lawyer. In family law cases you are likely to be both the Applicant and the litigant In person if you were the party who applied to family court for a hearing. The other party in this situation would be known as the Respondent. They may have representation from a solicitor or barrister they have appointed or they too could be acting as a ligitant In person. In this situation, both parties are still expected to behave professionally and attend court with the correct documents and an appropriate court bundle of documents.
As a Litigant-In-Person, you are expected to be familiar with the documents you are using for your case.
This essentially means understanding what you read, and not necessarily to sharpen information as a ‘weapon’ or evidence. Being familiar with your documents will enable you to view your case with the perspective of a third party. There is an aquired skill of developing an objective eye for legal tone and language. There is a code to behaving in Court which means reacting with brevity, and avoiding fear and anger.
This can require identifying the subject and the triggers to your response mechanisms. This is not a reprise and relaunch of historical arguments with your former partner. This includes fanciful ideas of ‘what you should have said’ during certain arguments in the past. Or what you should have done to prevent the cascading effect of ill-will and feelings.
Being a litigant In person goes beyond this by approaching the case with an apprasing eye for the facts of the case. Even if this means examining your own past behaviour in a conscious and mindful way. The whole situation should be an exercise in what you can do to improve your families situation, without relying on cheap tricks to play Character Assassin and applying labels to your former partners behaviour.
When the Going Gets Tough. The Tough Get Tougher
Reading and examining documents is long and stressful. Especially difficult if you are already in the middle of an emotive situation. You feel powerless and subject to judgement . However, take comfort from the experienced professionals within Family Court. Thy are used to dealing with all manner of Child Arrangments applications. Courts are responsible for balanced decisions, especially when they are presented with clear documentation. Presenting data in chronological order in linear order is helpful to the Judge. Documents are best when factual rather emotive. Are you ready for Court? Because petulance and being argumentative is not constructive to the process.
You Are Not Expected To Be A Hot Shot Lawyer Tribute Band
Arguably, you can impress the Court by being focused and factual. Likewise, the documents presented to support your requests will direct the Court to decide upon the best arrangements for your situation. Be brave. Because all the documents needed are contained within your bundle.
The Bundle contains the facts the court require base the decision affect your families structure and future, This is valuable information to determine the future constructive relationships. This is positive for the children growing up in an environment with Respect and Listening to reason is the key operational metric of family civility.
Now the date for your application has been issued. But what is a litigant In person? It is you, and you have this under control. The less stress that everyone, the whole family, can be exposed to the better. The avoidance of temper tantrums and battles for control is better for the long run. They are then more likely to respect this behavourial model as they grow up, to enable their own healthy relationships. So are you ready for Court? Of course you are.
