Initially I thought my case is simple / straightforward and I will save money by being a litigant in person.
(I was thinking it is better to spend that money on children instead)
After some time I have realised that it was the worst, the dumbest decision ever.
I do not want to say “they f•••ed me over” it was me who allowed to be f•••ed.
(accepting full responsibility)
I do not want my kids to lose their father due to some technical errors.
On that basis I am now officially seeking a solicitor firm that will assist me in unf••king the situation.
Exhibit A: Bundle FAIL
15.32 The contents of the trial bundle must be agreed. This is straightforward. The party responsible for the bundle should prepare a draft index which he sends to his opponent. The opponent should check very carefully that all the documents he wants in the bundle are listed in the index, and if they are not he should inform the first party that he wishes to have the further documents in the bundle (it is usually helpful to amend the index). The first party must then include the documents. There is no room for gamesmanship.
I have reported it to Solicitor Regulation Authority but I’d much rather have my position statement included in the bundle in the first place.
Exhibit B: Court Order FAIL
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1
1.3 If the court directs that a judgment or order which is being drawn up by a party must be checked by the court before it is sealed, the party responsible must file the draft within 7 days of the date the order was made with a request that the draft be checked before it is sealed.
1.5 If the court requires the terms of an order which is being drawn up by the court to be agreed by the parties the court may direct that a copy of the draft order is to be sent to all the parties.
In the point 1.5 if the court order is drawn up by the court, it is to be agreed by the parties.
In the point 1.3 if the court order is drawn by the party, it is checked by the court. There is no mention of another party checking, agreeing, verifying.
Complete imbalance of power
The same party preparing the bundle (being selective) and drafting the court order (being selective).
Because of the layers of untrue, false, misleading statements (without an opportunity to address and object disagreements as Cafcass representative was not present) are piling up I’m fighting an impossible battle.
I think I had enough of going through hell, I believe that reaching an agreement outside the court is desirable.
The other party is not cooperative (80% probability) and the Child Arrangements Order process is likely to continue (80% probability).
On that basis I am now officially seeking a solicitor firm that will assist me in unf••king the situation.