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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Barrister representing me and my two year old

Resolved Question:

I have a barrister representing me in a case regarding my two year old child. The father has requested access however after two and a half years of numerous chances I finally stopped contact. He smokes cannabis, he was very emotionally abusive during our relationship - I now suffer with manic depression, anxiety and agoraphobia. He has anger issues - lashing out very easily. He consistently lies - he has faked his own death, he told me he lived with his step mum when in actual fact it was his real mum which I didn't find out until our child was 28weeks in utero, they are just two examples if his more profound lies. I also have concerns about abduction - nothing direct has been said however there are some indirect things that are cause for concern. I appointed a soliciotr and she said we should go for no access because 'he sounds like a lunatic' on that she wanted to ey a barrister for representation in court. However my barrister seems like a waste if money. If anything I feel she is defending My sons father and supporting him or at best attempting to mediate. On the day of court - the first direction, she went and spent twenty minutes with him to 'make it fair' as he didn't have legal representation, I am paying for someone to represent me not him however I am out of my depth and don't know if this is normal? Please help. We are now waiting for cafcas section 7 to be completed and due back in court on the 7th July.. Should I get another barrister or is this behaviour normal and would I just be wasting my time.. Thankyou
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Your Barrister acted entirely appropriately and in a way that meant that the Judge would not feel the need to make extra effort to protect the interests of your unrepresented ex.
It is the job of a Barrister to ensure that what they ensure that you have the best chance of success - which means evaluating the other side's case and understanding the strengths and weaknesses of both sides.
There is a general presumption that there should be contact if it can be safely arranged - which is what the Section 7 report will determine.
If you do not like the Barrister then change her - but not based on how she behaved at the hearing
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
So to sum up I have to pay for someone who won't support me but rather mediate because my child's father won't pay for his own legal representation? Should my solicitor have not told me that this would be how the case would be dealt wth rather than saying she wants to push for no access and suggesting a barrister would be better under those circumstances because they are more robust? I'm confused as to why I would be advised to get a barrister to represent me and pay something that isn't a small amount when I didn't even have a case?
Expert:  Clare replied 2 years ago.
Hi
I am not sure why you think you do not have a case - you clearly do - hence the Section 7 report has been ordered
Your Barrister is not there to support you.
He or she is there to assess your case and make the strongest representations to the court.
Part of that involves negotiating with the other side and ascertaining the strengths and weaknesses of their case - which can only be done by speaking to them - and every family law case involves an element of horse trading - it is an expected part of the process.
If your ex had been represented then the Barristers/solicitors would have spent the time together doing the same thing - leaving you sat there wondering what was happening
Clare
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you feel my service was poor meaning that I get no credit for my time but which is not necessary for and does not trigger a refund
Equally i am sorry that I cannot give you the answer that you wish to hear.
Unless your Barrister actually told you on the day that you had little chance of there being no contact then it is likely that you will indeed achieve what you want - it is just a longer process than you were prepared for
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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