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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I am off with the way the UK courts are treating me

Customer Question

I am pissed off with the way the UK courts are treating me as a person with mental health issues in my custody case - what do I need to do, as an LIP, to launch a legal assault on the Court Service
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Could you explain a little more please?
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Is this a care case or a Private law case.
What is it that you wish them to tell you?
Customer: replied 4 years ago.
This is a custody case over my son as part of divorce proceedings. He has a guardian and solicitor appointed because of many, many allegations made by my wife against me, so she's come up with sexual, physical, emotional, psychological abuse of her, and psychological and emotional abuse of him, then she's come up with risk of child abduction, and that I am barely able to take care of myself let alone anyone else because I am so mentally incompetent.

Whenever I complain or get angry/upset, the guardian and solicitor and judge all start going on about how I need to regulate myself (this is wildly out of proportion, I can't see that she would have the same treatment).

They investigate everything she suggests, without any question as to the merit of the claim. She has been able to hold his passport for what she claims is 'a gut feeling' that I might abduct our son. Without discussing it with me, she took my son on a tour of a nuclear reactor. I know that if I'd done the same I'd have been vilified and told I was a crap parent.

When a psychiatric report was ordered for me, they wanted an assessment of my anger management. I said that since any DV was two way, and in fact I was the only party who had cooperated with services at all (this is all logged as two way), I should not be subject to an assessment as part of my psychiatric review. I felt it was unfair either that she would not be assessed, and that this would be piggy backed on it, or that it was inappropriate except if it arose as part of the general assessment. They ignored this and said they were going to do it anyway and ask that question directly. She, of course, didn't even though she has a history of violent attacks on me and lying to police and social services.

In spite of allegations that I am all of this stuff, she has dropped my son off with me three times, without any questions asked, when she wanted to go on holiday. This was totally unsupervised overnight contact for up to 9 days, and when I ask why it is okay for her to make allegations that I am some kind of monster and then just leave him with me, they say it is bad judgement on her part. I am 100% sure if I did it my parenting would be seriously questioned.

She was told by social services to see a psychiatrist and refused. I have co-operated will all services my whole life. But when it comes down to it, she has no diagnosis so gets treated like a person, while I get treated like a lunatic.

None of my reports are coming back with anything other than that I am a bit mad and eccentric, but no risk to my son. The more I complain, the more they patronise me and suggest that my actions are motivated by madness (illness) rather than madness (anger at the injustice).
Customer: replied 4 years ago.
Relist: Other.
When I filled in my question, there was a box next to it that said I was talking to a barrister (I thought) - but then solicitors started replying. Is this because my question is really for solicitors in your judgement, or the barristers were not available, or something else. I am pretty sure that barristers are better and it would have been good value?
Expert:  ExperiencedLawyer replied 4 years ago.
I would be surprised if any of the legal experts on this website would say that barristers are better than solicitors (or vice versa); in general they have slightly different roles but are both equally capable of answering questions on this site. (Although perhaps I would say that, as I too am a solicitor.)
I am sure that Claire is more than capable of helping you with your question.
Customer: replied 4 years ago.
okay, well, I kind of thought I'd be doing the barrister type job thing in a court of law, as an LIP, for this case. Anyway, this was quite an urgent query and I had the impression there were lots of people on this site working on it...

Can you tell me at least who I should be litigating against while you figure out the details? Is it the judge, the county court, HMCS, the children's guardian, the guardian's solicitor?

Presumably there is no form for this, I just write something accusational at whoever it is and they just write back and tell me that I have no case, and I keep refining it until they take notice?

I do need to get on with this, the listing for the final custody hearing is in February and I'm sure they will bury this whole thing then and pretend that no-one took notes on any of this. I want to ensure this is dealt with while it is live.

And yes, I do need a lot of detail!


Expert:  Clare replied 4 years ago.
You have in fact shown great insight and identified the problem that you are facing - the more angry you get about the system the more you play into your ex's hands - because it is indeed very easy for your genuine anger at the system to be used against you
Taking a step such as this now will simply confirm that view of you
So which means more - challenging the system or working the system so that it works for not against you?
Customer: replied 4 years ago.
It's kind of annoying that no-one is getting what I am saying. My wife is a waste of legal space - she's not even worth me worrying about and nothing will come of her nonsense.

The problem I have is taking on the UK Justice System, that's what I'm trying to change!
Expert:  Clare replied 4 years ago.
For clarity then - you do not want any advice on your Children Act Case - only on how to complain about the way that you have been treated by the Guardian: the Solicitor acting for your Son: and the Judge is that correct?
Customer: replied 4 years ago.
Not quite, I don't really care about this particular instance, all the people here seem quite nice (even though they all think I'm nuts and don't like me because I keep complaining) but I want to take 'the system' to law so that it doesn't treat fathers (or mothers, for that matter) like crap when they are trying to do right by their children. So I guess it's some kind of High Court or higher thing, and probably more like to do with equality law, maybe?
Expert:  Clare replied 4 years ago.
You can only take action against the people that deal or have dealt with you.
If you wish to attack the system - and who would not - then it is a matter of joining one of the pressure groups campaigning for changes in the system - would you like their details - or details of the complaints procedures involved?
Customer: replied 4 years ago.
What about the Law Lords? Aren't they the ones who are responsible for the system? I'm sure that that woman who had a problem with sex discrimination took out some kind of legal thing on the UK system and got the law changed in the European Court or something?
Expert:  Clare replied 4 years ago.
The Law Lords are the ultimate level of Appeal - so if you do not like the OUTCOME then they may get to look at the case - but not necessarily the conduct of it I am afraid
As I understand it you beleive that you have been discriminated against because of your Mental Health which may, once the case has been resolved, be a reason for making such an application - but of course that can only happen if you do not get the result you want
Customer: replied 4 years ago.
yes, that's kind of what I am saying, but what I'm actually talking about is if I want to change something not about the law, which I think is supposedly sound (or am I wrong here) but that I think that there are kind of structural and functional problems in the administration of justice (not Paul and Tony, the guardian and solicitor but across all cases forever forward), how do I change that? I'm not lobbying for equality in terms of mental health, I think that's there isn't it, on paper at least. What I want to rage against is the system that allows that to all be diluted so by the time it reaches the front end, people get maltreated. Does that make sense? So it's about the establishment, not the rules themselves, but how solicitors can file stuff and judges just go yeah, that sounds about right, and there's no real consent to medical assessment, because if you don't agree, you are damned, and the way people talk to you, like social workers, when they start asking stupid questions as part of their investigation rules. That's the problem I'm trying to address. I'm presuming that the Law Lords manage that and should be accountable like Boards of Directors for turning a blind eye to things like that and not being sentient in what is going on on the ground. Presumably they can't just say, 'hey, we didn't know that stuff was going on' and presumably the whole point of the appeals system is that progressively the further you take it, the more high level people get involved and get to learn about the features of the cock-ups at the coal face.

Or do I have this all wrong?
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I can confirm that the answer you have had is correct. You can only appeal in relation to your case or campaign with one of the pressure groups against the general law.