FAQ

My husband does not want to disclose his accounts and the Court issues Orders but he refuses to obey and follow them.

  • This is a very common occurrence in the family courts in the UK. The process to have someone obey Orders is very long, tiring and costly. This however is beneficial to solicitors as they send letters/emails back and fourth but little is being achieved in the end.  The courts may also not want to listen to you if the assets are not significant. You may be talked into by the Judge to walk away and leave in shame but free from your ex-husband. It is up to you if you choose to life a life in shame or try to accomplish something decent and worth to live for.  You may need to consult with people who have been in your situation and learn strategies which may help you.  There is nothing that is impossible as everything in life has a sense of order which will be achieved if you persist and learn.

The Judge bullied me at the last hearing and asked me to forget my possessions left at the matrimonial flat and move on with my life. Should I just give up?

  • It depends of your character and willingness to be allowed to be pushed around in life. Judges are not allowed to bully you and force you to do something you know it is wrong and not beneficial to you. Every case is different so the pros and cons must be considered accordingly.

I represented myself in the Court of Appeal and the Judge praised me for my ability to present my case, but I was not given permission to appeal although my case was prepared by a well known barrister and all the grounds were professionally drafted and in accordance with the Law and legal precedents. 

  • This is a common occurrence in the Court of Appeal. Ask any PSU members and you will be told the same: Litigants in Person do not get permission to appeal. This is because the Judge although aware that the grounds are good enough to allow for the permission, he/she is worried that at the full hearing you will fail and their carreer will be put on line as different Judges will have to listen and decide on your matter. They will be viewed as making the wrong decision and wasting the court’s time. It may not be anything wrong with your case, but such Judges are worried about their job security and career. It is an unfortunate truth as there are very few Judges decent and with good common sense and morals.

I found out after the hearing that the Judge who decided my case was known to be dyslexic. I did not know and now I am confused. What should I do? 

  • It is normal to be confused about such a discovery after your hearing. You have the right to feel uncertain if the decision made in your case was the correct one.  The Ministry of Justice has an obligation to provide the public with fit and able Judges to carry out their work without raising any uncertainty and confusion to the public. You will have to complain about your finding and request that a fit and able Judge rehear your case.

The Judge brought in with her a pre-written Judgment and none of my comments I made in court were taken into account.  The Judgment also appears to be a ‘copy and paste’ from all other Judgments. Was I short-changed by an unfit Judge? How can the Ministry of Justice allow for this to happen?

  • This is one of the biggest issues that Ministry of Justice is facing and the Lord Chancellor is required to provide answers. Yes, you were short-changed and misled by an unfit Judge who did not care about your matter but only about her salary, prestige and career.  It is contrary to the Oath every Judge has to take prior to embarking on a Judicial career.  What you can do? Well, nothing other than to make your case public, complain and write to the officials. The Media will soon be catching up with this problem the Ministry of Justice is facing.  You may also have grounds to re-open your matter but you need to investigate this.

The Judge constantly pushed me in court by shouting to me and stopping me short when I was speaking, then called me emotional. I was confident and presented the right facts at the hearing. I was not at all emotional and words were attempted to be put in my mouth.  I don’t understand why a Judge would play such a game in the courtroom.

  • It appears that this is a very insecure Judge. He/she might have something to hide. If you can find out what it is then you understand this Judge better. Thereafter you can take your case to the next step.  It is good to remember that such a Judge may be a bully in their own home, wear the pants in their relationship and or come from a poor/troubled family.  More often than not their other half hold a lower position or are simply housewife/house-husband or a lower demanding job. This Judge might have taken the route of law to feel important and in control, but not necessarily deliver the Justice expected from them. Always take a look at the school they graduated from and the law program, if they attended a law school, to understand how competitive the program was to get into and if any unusual facts may pop-up.   Social media gives you a lot of opportunities to find out about anyone. Make use of all the tools to find out what went wrong in your matter. Some Judges do lie to protect themselves. They are not perfect or correct in their actions; they are human beings just like anyone else who you may or may not associate with.

I can no longer afford to have solicitors or barristers on my matter, and the Judge accused me of having changed my legal representation too often. Why would the Judge hold this against me?  Don’t I have a right to choose the best legal representation for my matter or represent myself if I so choose? 

  • The Judge may pick this issue with you to criticise you as there is probably nothing else to criticise you of.  Of course, you have a right to choose your own solicitors/barristers as many times as you like,  but do consider the legal costs and any other avenues open to you to cut your legal costs. The best thing to do is learn about the legal process you are involved in and know the steps you must take.  A lot of information is now available on the Internet and there are Forums you can join to get an opinion and or verify your steps.

I am disappointed with my solicitors. They have stretched my case for years now in courts and it costed me a fortune. I don’t see the light at the end of the tunnel. What can I do? 

  • You must remember this: “The son of a solicitor comes into the room (himself a solicitor) and says to his father: Dad! I solved the case you were working on for 20 years?  The father says: Why?  How do you think I sent you to law school?” Now you know why solicitors will always be busy and you will always get a bill for their work.   You must start to learn the law needed for your case. Make it a hobby and a matter of urgency.  Solicitors will always hold you responsible if you don’t provide them with the correct instructions. So, the case goes on and on until you are too exhausted to deal with it. Your dreams and ambitions are crushed by those seeking a financial benefit from you.  Remember, you can always negotiate with your solicitors from the beginning to set a fix price, but for this agreement they must be a reputable firm of solicitors.

I don’t feel I am getting the right attention from the Judge when I am acting as a litigant in person.  I am always rushed when I speak and the Judge either looks down on his desk or at the wall clock, but when the other side which is legally represented speaks the Judge is fully engaged and pays attention to them. Why is this happening? Am I discriminated against for being a litigant in person?

  • This is a trick employed by quite a few Judges as the microphone in the room only records words rather than physical actions.  The Judge is using intimidation techniques to make you fail. You cannot prove this as the Judge will deny it unless there is a camera in the courtroom, which is not always the case.  You must describe the actions of the Judge in words and ask him/her not to do look away or rush you when you speak. This will get on the transcript which you can get later on after you order it.  It will prove that the Judge was disengaged with you and your submissions.  It falls under Judicial conduct. I always tell my clients to verbalise such actions. You will get the respect of the Judge and you will see an immediate change in the Judge’s behaviour. Don’t be afraid to speak up in a polite manner as it is in your interest that all actions in the courtroom are recorded.

I have been abused in my marriage. Then I was abused in the UK courts.  Why do Judges not care about the actions of my Husband and his abusive behaviour? 

  • To become a Judge you have to abuse a few people along the way to get to the ultimate power in the Judicial System. So, why would you expect that the behaviour of such Judges will change once they become a Judge?  99% of all Judgments I read where a woman raised abusive behaviour from the Husband, the Judicial decision was always the same: “The family court does not have jurisdiction on the matter of the alleged abuse” or “The matter has been dealt with at a separate hearing and there was no evidence.”  It is a sad reality. The best thing to do is to recognise that you have been abused, accept that you have been abused, and then carefully prepare your exit from the abusive relationship.  Do not accept counselling and delaying to deal with the matter as you can find yourself on the streets and thrown out of your home.  The Husband may be quicker to dispose of you and then you have no credibility left in court.  Speak with your family and trusted friends about the abuse and find a strategy to leave the abuser immediately. Do not rely on set-up charities to deal with abuse or their pro-bono legal staff to help you as if there are children involved, you are at a very high risk to have your children put in a foster home and in care of the Local Authority, which currently is failing the public in the UK.  Your health and happiness must come first than to need to become a Government statistics, which you will become the latter if you publicly raise abusive behaviour from your Husband/partner. Once you are in a safe place, you can take legal advice. But remember, consider speaking with more than one solicitor. The Internet is always a good place to seek guidance from others who have been through the same situation. The victim in the eyes of the Court is always the person who complained or left first! The Sherlocks are far and few nowadays in England.