Summary
When preparing for a family court case involving a c79 application in england, gather evidence of the breach, organize documentation, and consider legal advice. Understand court protocols, practice your presentation, and prepare for questions. Recording calls without consent is legal for personal use but may breach privacy laws if shared. During a one-hour hearing, present evidence, witness testimony, and answer judges questions. Desired outcomes can include enforcement or modification of orders, compensation, or legal costs. For consistent breaches, request specific time frames or penalties. For child maintenance issues, court intervention is possible under certain circumstances. Free legal advice is available through citizens advice, lawworks, and legal aid.Full Conversation
I need help to prepare my case for family court as I filed a c79 due to my ex breaching court order and not returning my son in time
I can guide you with some general steps and information about preparing for your family court case related to a C79 application.
- Gather Evidence: Collect any evidence of the breach, such as communication records or witness statements.
- Documentation: Ensure all court orders and relevant documents are organized and ready.
- Legal Advice: Consider obtaining legal advice to ensure you understand the process and implications.
Is there a specific aspect of the preparation you're concerned about?
I will be representing myself so need all the knowledge I can get
Since you're representing yourself, it's important to be well-prepared. Here are a few more tips:
- Understand Court Protocols: Familiarize yourself with court procedures and etiquette.
- Practice Your Presentation: Be clear and concise in presenting your case.
- Prepare Questions and Answers: Anticipate questions and prepare your responses.
Is there a specific area you need more information on?
If I record a phone call without someone’s knowledge is that okay?
In England, recording a phone call without someone's consent is generally legal for personal use. However, sharing or using the recording without consent might breach privacy laws. If you're considering using it in court, it's advisable to seek legal advice as courts have discretion over admissibility. Do you have any other questions on this matter?
My case is listed for a one hour hearing what will happen in that hour?
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During your one-hour hearing in family court for a C79 application, here's what typically happens:
- Opening Statements: You'll present the case and outline your concerns.
- Presentation of Evidence: Show evidence of the breach.
- Witness Testimony: If applicable, witness statements may be heard.
- Judge's Questions: Be prepared to answer queries from the judge.
- Closing Statements: Sum up your position and desired outcome.
Do you have any other questions about the process?
What can my desired outcomes be?
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In a family court case regarding a C79 application, your desired outcomes can include:
- Enforcement of the existing court order.
- Clarification or modification of the court order.
- Compensation for any losses incurred due to the breach.
- Legal costs covered by the other party.
Do you have further questions about your case?
If he breaches order and continues to be consistently late by over * minutes what it acceptable to request as a desired outcome?
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In cases where there is a consistent breach of a court order, such as being late by over * minutes, you may consider requesting the following desired outcomes:
- A specific time frame for pick-up/drop-off to be enforced.
- A warning or penalty for non-compliance.
- Additional measures to ensure timely adherence to the order.
He is controlling and had stopped paying child
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It sounds like your situation involves both child custody and financial support issues. Here are some general steps you could consider:
- Financial Support: You may want to apply for enforcement of child support payments through the court.
- Legal Advice: Consulting a family law solicitor could provide guidance on both custody and financial matters.
Do you have any other questions or concerns about your case?
I am currently going through CMS regarding child maintenance so can I bypass this and go to court for this instead?
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In England, you can go to court for child maintenance issues if:
- There are exceptional circumstances, like the CMS being unable to enforce payment.
- You have a court order for maintenance already, and it's being breached.
- The case involves expenses not covered by the CMS.
Would you like more information on any of these points?
Can I get free legal advice?
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In England, you can access free legal advice through several resources, such as:
- Citizens Advice: Provides free, confidential advice on various legal issues.
- LawWorks: Connects individuals with volunteer lawyers for free legal help.
- Legal Aid: Available for those who qualify based on income and case type.
Would you like more details on any of these options?
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