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Does the parent have to be the one to self represent
Or can someone else do it?
Posted 05 May, 2012, 08:21 AM
#48856
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The reason I ask is because at the moment my partner is waiting for the mediation people to contact ex2 but it is very unlikely that she will attend mediation and we don't have a lot of money to pay for the court fees so we are looking I to self representing. However my DP isn't really good at stuff like this. He is a very quiet and passive person and is worried that if it came to standing up in court to tell his story that he wouldn't be able to do it. I on the other hand would be good at this and I am also better at learning things (studying self representation cases etc) and writing up the affidavit and what not. This doesn't mean that I want to see SD3 more than DP does. It just means that I would be able to do this easier than he could. Plus he works and would barely have time to sit and research things. Not that I have a lot of time with a 1yr old but I have a little bit more than DP.

So my question is -does the parent involved need to be the one doing he representing or can someone do it on their behalf?

Moderator Note 2nd Request
It was politely suggested (this morning) that you STOP using abbreviations that are not in the site glossary.

see http://www.familylawwe...492/index.php&kfs63=0
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Posted 05 May, 2012, 09:58 AM
#48858
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KidsFirst said

So my question is -does the parent involved need to be the one doing he representing or can someone do it on their behalf?
The only person that can do it on his behalf is a Lawyer or Barrister. He may be allowed a support person who cannot advocate (read up on McKenzie Friend on this site and Support Person  Family Court Practice Direction 2A) In very rare cases the Court will allow a Case Guardian for someone with mental or physical difficulties who cannot participate, understand or comprehend the proceedings and their consequences. Obviously this is not the way to go for Childrens Cases as it presents the other side with a large free kick.

Self representation is covered in many areas of this site, you should be devoting your initial learning/study time to reading site material.

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Posted 05 May, 2012, 10:46 AM
#48860
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KidsFirst said

standing up in court to tell his story that he wouldn't be able to do it.
You can do all the preparation, writing, studying, prepare questions, write letters etc etc but you cannot either stand up in court and tell 'his' story or cross examine his ex.  He will have to do all the talking in court.

Even if you get a lawyer he will still have to 'stand up in court and tell his story' by way of evidence or in cross examination, so whatever you choose to do he will have to prepare himself for that.

I would suggest that whatever of the work you do, all or part, you ensure that the ex doesn't realise it comes from you or you don't put your name to it.  I would suggest that would inflame an already difficult situation.  My ex has a girlfriend and without going into a long story, I can see her hand in the difficult situation I find myself in and when she wrote the COA application to CSA in her own handwriting it totally got my back up.  I am also a second wife and I stay out of all the dealings my husand has with his first wife as I feel it is between him and her.

This is just a suggestion and you can take it on board or ignore, but speaking as a 'first wife' with a 'second wife' involving herself in my business with my ex I know it makes our situation worst.  If only I could have had a decent relationship with her it might have taken the heat out of the conflict with my ex.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
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Posted 05 May, 2012, 05:01 PM
#48861
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larissap said

KidsFirst said

standing up in court to tell his story that he wouldn't be able to do it.
You can do all the preparation, writing, studying, prepare questions, write letters etc etc but you cannot either stand up in court and tell 'his' story or cross examine his ex. He will have to do all the talking in court.

Even if you get a lawyer he will still have to 'stand up in court and tell his story' by way of evidence or in cross examination, so whatever you choose to do he will have to prepare himself for that.

I would suggest that whatever of the work you do, all or part, you ensure that the ex doesn't realise it comes from you or you don't put your name to it. I would suggest that would inflame an already difficult situation. My ex has a girlfriend and without going into a long story, I can see her hand in the difficult situation I find myself in and when she wrote the COA application to CSA in her own handwriting it totally got my back up. I am also a second wife and I stay out of all the dealings my husand has with his first wife as I feel it is between him and her.

This is just a suggestion and you can take it on board or ignore, but speaking as a 'first wife' with a 'second wife' involving herself in my business with my ex I know it makes our situation worst. If only I could have had a decent relationship with her it might have taken the heat out of the conflict with my ex.

Excellent advice from larissap.

I am going to paraphrase from some of the SRL Resources material

Allowing your partner to do most of the work is a very bad idea as you personally will not be 100% prepared in the Courtroom, may present badly and waffle and may be caught out with secondary questions about your case.

If you are emotionally distraught that you cannot complete your own research and documentation from your home or workplace how will you perform in the often stressful and charged environment of the Courtroom?

Remember that you have a right to represent yourself in Court and that a Court recognises this right
Remember also that a Court has the right that you will not waste its time and resources and that its function is not to act as your teacher.
The Court has a right that you do not hinder the progress of any hearing to the detriment of another party because you are representing yourself

Go to your local Family or Federal Magistrates Court and watch, it is free tuition


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