Has anyone represented themselves in family court?
I have a nephew who’s father won’t let me and my mum’s see and am wanting to take him to court for access to my nephew.
We would fight for “grandparents rights”.
Issue is, we are aware it is expensive to use a solicitor and while we will go that route if necessary would rather be able to represent ourselves.
Any advice, experiences etc very welcomed.
5 Replies
I think because it's such a difficult thing to achieve I would use a lawyer as that's your best possible chance.
Legal aid. Or a duty lawyer on the day.
There was a similar question on this page not too long ago from a sister who'd been cut off and she was advised overwhelmingly to try to mend the relationship with *her* sister because the alternative was spending a bunch of time and money and emotional energy fighting over the kids, damaging any chance of reconciliation for possibly no outcome.
What I would say is this:
- no adult has rights to or over a child, family court is about the rights of kids to have safe, meaningful relationships with their family;
- is not seeing you/relatives detrimental to the children's life? Or is this about you/your mum thinking you're entitled to a relationship with this child?
- if you go ahead, consider that you'd likely be putting this child through a lot, they'll interview him and figure out whether this is in his best interests
- you may lose any hope or chance for a reconciliation with his dad/your brother(?)
Is it worth it?
Agree, I would be doing a lot of reading about how past cases have gone. There are a lot of people out here who have cut contact with family, court doesn’t usually give visitation for this - it’s disruptive for the child’s life, not beneficial.
I also agree to think carefully if you’re considering the child or your own wants. I know you feel you can offer a positive relationship, but with this roadblock, that’s not enough because you also have to consider the court orders and visitation and care issues, you can’t just take someone’s kid, even people who were married for years and on the same page have strict coparenting conditions in their orders.
And then on the flip side, you also hear about extended family who report children of concern repeatedly to facs but can’t do anything and have to manipulate the parent to make sure they can see the child and see how they are physically. Court doesn’t order it.
I don’t think you’ll see success taking this route.
Don’t put that poor child through this saga. Try and mend the relationship and go from there as the father has his reasons and you should respect that.
If my “mother” tried this on me I’d fight hell and high waters to stop it so my kids didn’t have to be apart of this shit fight.