Grandchildren contact order

[CJBUBBER]

I have recently spent two years trawling though the family court to try to get a contact order for my grandchildren. There is one hearing left where statements will be read and I have been told my legal aid has run out. I have also been told I will need the services of a barrister for this hearing. So (1) Why can't my solicitor do this? (2) Why can't I do it?

[Buenchico]

Answer 1:
The Family Division is part of the High Court where solicitors don't have a 'right of audience'. Legal representation has to be through a barrister.

Answer 2:
As the person petitioning for a contact order, you do have a right of audience before a division of the High Court so, theoretically at least, you can 'do it yourself'. However, your chances of success are likely to be considerably diminished without the services of a barrister. (The main part of a barrister's work is often in the preparation of the papers prior to the hearing, rather than in the hearing itself).

In general, the law doesn't grant any rights to grandparents. If you've managed to get part way through your quest for a contact order, there must be some exceptional circumstances but it's clear that the case must be far from straightforward. If there's any way in which you can engage the services of a barrister, I strongly recommend that you should do so.

Perhaps the Grandparents' Association can offer some advice?
http://www.grandparents-association.org.uk/

Good luck!

Chris

[CJBUBBER]

Thanks very much for you reply, but I am having trouble understanding why, after being represented by a solicitor in the same court, in front of the same judge, for two years I have to have a barrister for this final hearing.
I could understand if it were a different court but nothing has changed

[Buenchico]

Thanks for your reply. I'm guessing a bit here but I think that you might have encountered the problem of court rooms being used for different purposes and judges 'wearing different hats'.

Some minor family matters can be heard before a Magistrate's Court. Confusingly, the person hearing the case is frequently not a magistrate but a judge. (This is because of the level of specialist knowledge which is required). It's possible that, up until now, the court has officially been sitting as a Magistrate's Court, while the preparation of the case has been taking place. However, the final decision, regarding your application for a contact order, has to be heard in the Family Division of the High Court. It could be that the judge will be removing the 'circuit judge's hat' he has been wearing up until now, and replacing it with his 'High Court judge's hat' (assuming that he is entitled to wear such a hat). If so, the solicitor will no longer have a right of audience before the court, even though the same people will be sitting in the same room.

As I've said, there's a bit of guesswork there. Your solicitor can probably explain it much better.

Chris

[CJBUBBER]

Many thanks for your time and all your help, I think I understand it now. I feel grieved that I have to pay �700 or more for the man at the bench to change his hat!!!!!
The case is in court next month, I would like to let you now how I got on, if that's ok with you?

Cheers

Chris (that's my name too)

[FlowerPetal]

Surely, if you have previously been entitled to legal aid, then you only need to get your solicitor to re-apply for it and you wouldnt need to pay the �700?

Good luck!!!
Flower xx

[Buenchico]

Thanks for your post, Chris. I think that the Grandparents' Association would be keen to hear of the success, or otherwise, of your application, so you might want to contact them.

I can be contacted as follows:
[email protected]

Chris