Legal question family law

CarmelAH

Hi. Can anyone help re filing in District Court for custody. Can do it mainly myself but wonder can I have all docs prepared before I go to the Court house or should I complete them there. Forms are pretty straight forward and I have a background in Legal Secretary work (US). Question is - is Court - the town and District - the county??

njs030

District Court is the area and county court is for the county.
Afaik family law is heard in the district Court.

CarmelAH

Thank you notjustsweet. Am I crazy to do this inital file myself? Its just the start of the process and legalaid waiting list is too long unfortunately!

lifeandtimes

CarmelAH wrote: »

Thank you notjustsweet. Am I crazy to do this inital file myself? Its just the start of the process and legalaid waiting list is too long unfortunately!

You have to make the applications yourself. A solicitor cannot do them for you. You have to go down to the district court and make an application and you will be brought in to confirm your request and then the other party will be notified and you will need all your evidence for your solicitor or court

dudara

This is not a Personal Issue per the scope of the PI forum.

Moving to the Legal Discussion forum. Please note that the Legal Discussion charter now applies.

dudara

nuac

LD Mod

Thread title amended for clarity

Your local Court office may assist re jurisdiction and some aspects of procedure.

Sorry, cannot give legal advice here. You will have to consult a solicitor

Leaving open for general discussion subject to above

Really Interested

lifeandtimes wrote: »

You have to make the applications yourself. A solicitor cannot do them for you. You have to go down to the district court and make an application and you will be brought in to confirm your request and then the other party will be notified and you will need all your evidence for your solicitor or court

Are you saying a Solicitor can not do a custody application for a client?

To the OP your local district court family law office are well used to helping lay litigants, they can not give legal advice but can answer such question as what is district court area etc.

lifeandtimes

Really Interested wrote: »

Are you saying a Solicitor can not do a custody application for a client?

To the OP your local district court family law office are well used to helping lay litigants, they can not give legal advice but can answer such question as what is district court area etc.

I've been through the district court enough times to know the ropes unfortunately

Really Interested

lifeandtimes wrote: »

I've been through the district court enough times to know the ropes unfortunately

I practice in all courts and can confirm a solicitor can act in all matters in all courts.

lifeandtimes

Really Interested wrote: »

I practice in all courts and can confirm a solicitor can act in all matters in all courts.

Strange because not once in the last 5 years have I seen or heard of a solicitor making an application order(maintenance,access,breach,barring) on behalf of a client. You need to provide ID to the clerk to confirm you are who you say you are along with details of the respondent and then sign the document's.

how do solicitors do it? Genuine question

Really Interested

lifeandtimes wrote: »

Strange because not once in the last 5 years have I seen or heard of a solicitor making an application order(maintenance,access,breach,barring) on behalf of a client. You need to provide ID to the clerk to confirm you are who you say you are along with details of the respondent and then sign the document's.

how do solicitors do it? Genuine question

As family cases are in private no one other than the parties will be in court, if neither party has a solicitor then you will not see a solicitor.

I as a barrister have appeared in family cases and know a number of solicitors who do so.

I do not understand the question you ask but a solicitor can submit any document to any court office, once the document is signed by the solicitor. There is no need for ID as the office would be know to the local district court office and if they do not they can check with the law society to see that the firm is a on the roll.

lifeandtimes

Really Interested wrote: »

I do not understand the question you ask but a solicitor can submit any document to any court office, once the document is signed by the solicitor. There is no need for ID as the office would be know to the local district court office and if they do not they can check with the law society to see that the firm is a on the roll.

This was pretty much what I was looking for with the question.

I've never seen it done and I've been through the revolving doors of family court.

So a solicitor can make the application for their client and if they aren't know the clerks can check if their practice is legitimate.i guess unless they are a big firm it's just easier to have their client do it than them doing it themselves

Really Interested

lifeandtimes wrote: »

This was pretty much what I was looking for with the question.

I've never seen it done and I've been through the revolving doors of family court.

So a solicitor can make the application for their client and if they aren't know the clerks can check if their practice is legitimate.i guess unless they are a big firm it's just easier to have their client do it than them doing it themselves

You really have a strange view of legal practice and family law. From experience most people with district court applications have solicitors, most solicitors acting are local and are know to the court staff and the judges.

It would in my view be negligent for a solicitor instructed by a client to tell the client sure while you have instructed me a solicitor sure go on and make the applications yourself.

I am genuinely shocked that you thought solicitors did not have rights of audience in family law district court.

lifeandtimes

Really Interested wrote: »

You really have a strange view of legal practice and family law. From experience most people with district court applications have solicitors, most solicitors acting are local and are know to the court staff and the judges.

It would in my view be negligent for a solicitor instructed by a client to tell the client sure while you have instructed me a solicitor sure go on and make the applications yourself.

I am genuinely shocked that you thought solicitors did not have rights of audience in family law district court.

No I understand it's just when I've been there I've never once seen a solicitor make an application at the court clerks window. The queue is out the door with mothers and fathers some who have solicitors,myself included but never have I seen a solicitor sitting beside someone waiting to make an application for their client, there are usually representing numerous clients and are running around the court. If that's the case I'll be making my applications via my solicitor going forward

Really Interested

lifeandtimes wrote: »

No I understand it's just when I've been there I've never once seen a solicitor make an application at the court clerks window. The queue is out the door with mothers and fathers some who have solicitors,myself included but never have I seen a solicitor sitting beside someone waiting to make an application for their client, there are usually representing numerous clients and are running around the court. If that's the case I'll be making my applications via my solicitor going forward

I understand now what you are saying. Solicitors would not use the window. To the best of my knowledge all courts allow postal filing and as family law documents usually do not require stamp duty then the documents can be posted in.

Fred Swanson

This post has been deleted.

lifeandtimes

Thanks fred, the penny drops.

Op you can heed my advice or reallyinterested,both will reach the same conclusion