If a parent is representing themselves in court, can they ask the other parent questions?
Legal aid is only available in limited circumstances. For some parents their only option is to represent themselves in court proceedings about their children.
In some cases, both parents are representing themselves.
In the family court, only hearings where the parents are giving evidence require one parent to question the other.
Where there are no allegations of domestic abuse by one parent against the other, the parent who is representing their self will have to ask the other parent questions in ‘cross examination’.
Problems arise when a person who is not represented is facing allegations from the other parent of domestic abuse or coercive control or has had findings made against them.
Family court judges do not like the idea of an allegedly abusive former partner asking an alleged victim questions. This is particularly when some of the questions will be about allegedly abusive behaviour by that former partner.
In these circumstances, there is no government funding to pay a barrister to ask the questions on the unrepresented parent’s behalf. Therefore, the Judge has to step in and ask the questions on behalf of the unrepresented parent.
However, the parent has to prepare the questions for the Judge to ask.
We can give you advice and help with drafting cross examination questions that you can use in court. Please get in touch with us for more info.