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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I have been informed that the final hearing in family court

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I have been informed that the final hearing in family court may be three days, both parties are representing themselves. One party is dependent upon the outcome whether they will be deported, they have just served six years of a twelve month sentence the remains six years are under strict conditions. What will happen at the final hearing scheduled for three days
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have won an order to have the children’s names changed as this was not opposed. I am seekingan order for his parental rights to be removed and an order of no contact
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am in north wales, first three hearings were in Caernarfon, today’s hearing was by telephone conference call
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The defendant was appeal exhausted in 2003, before I met him, since then we have had two children which is what the current case involves. He absconded immigration bail in 2003, in 2004 he committed sexual offences against a minor, he also committed sexual offences against my underage daughter, both girls cases were heard at the same hearing, he was sentenced to twelve year, six of which were in prison.when he was arrested for the first offence he absconded police bail, whilst on bail he sexually my daughter, he was brought to trial for both girls when I reported the abuse of my daughter

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

It sounds like this is a 3-day final hearing/ finding of fact. Does that sound familiar?

Customer: replied 1 year ago.
All statements between myself and the defendant will be in court, Cafcass statements and responses will be complete, immigration report will be in, the judge will have all the evidence, statements and responses by the final hearing

Yes, but I asked whether the court have mentioned a finding of fact hearing.

Basically over the 3 days you, the other side, the Cadcass officer and any other witnesses will go into the witness box in turn and give evidence. Questions will be asked of each of the witnesses by you, the other party and the judge.

The judge will hear submissions.

The judge will determine any facts that need determining. Whether they are true or not.

The judge will then decide whether he should make any orders that have been applied for such as a Child Arrangements Order etc.

He will make a final determination and give reasons for his decision.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 1 year ago.
No it has not been said it is a fact finding hearing, the hearing is in family court and is very informal with no witness box involved. The defendant has appeared through video link from prison, Cafcass, the children’s solicitor and myself have been sat at desks within the court, the judge “she” has not been in robes. Will it continue in this informal manner, will there be, in your opinion, continue in this informal manner. I do apologise for asking what may seem immature questions but I have never been in this situation and I am looking for some insight into what I am facing. Thank you for your time

Whether it is a finding of fact or just a final hearing the format will be similar to how I described.

There is never robing in a family court by judges or barristers.

Most family courts are just desks. There will be a separate desk usually which is used as the "witness box". Some courts have "proper" courtrooms that they use for longer hearings.

Don't worry about asking "immature" questions. They are not immature they are perfectly legitimate and I'm happy to answer them for you!

Judges are trained to be helpful to unrepresented parties they will guide you through the process. So long as you are polite and only speak when it is your turn you will be fine.

Customer: replied 1 year ago.
Thank you very much I feel much better, it is all “the unknown” I know I am telling the truth and will be ok, on the other hand the defendant is manipulative and controlling so I do find the whole situation very daunting. Thank you again, with kind regards

You're most welcome. Good luck with the case, I'm sure you'll it will be fine. If you're both unrepresented you'll probably find it won't end up lasting the full 3 days. Unrepresented people talk a lot less than us lawyers!

Fell free to come back to JustAnswer with any further questions you may have we're always happy to assist. If you wish you can request me for some continuity.

Aaron D and other Family Law Specialists are ready to help you