Yes, you should get things sorted that day.
What happens is that
the Judge hears evidence - typically, this would involve evidence from the
Cafcass officer (with your barriaster and your ex's
barrister being able to ask him/her questions) then
evidence from you and from your ex, again, with the opportunity for the
other barrister to ask questions.
If the Cafcass oficer has made
very clear recommnedations you are likely to find that your ex (or his
representive) may well ask a lot more questions than your barrister does,
as he willbe trying to get the Cafcass reporter to change their mind,
wheras yours will simply be asking them to confirm that they are still of
the opinion.
Depending on the issues, it may not actually be
necessary for you or your ex to give evidence. If you do, whiever of you
made the original application will go first. You will typically be ased (by
your own rep) to confirm your name & adress, and the contents of any
statements you've filed were correct when you signed them. Your own rep.
may ask you a few questions to update the court about anything which has
changed since the date of your last statement - in your case, this might
include details of the breaches of the order , then the other person will
have the opportunity to ask you questions. If necessary, after that. your
own rep. can ask any questions needed to calrify anythingyou said in
response to the other partys questions.
You barrister should
talk you through what will happen but the if you do have to give evidence,
the golden rules to remember if you are giving evidence are:
-
Listen to the questions. Answer the question you are actually asked, not
the one the thought you were going to be asked.
- if you don't
understand the question, saty so. It is the barrister's job to be clear, if
s/he isn't, that is his/her fault, not yours.
- if you don't know,
don't remember, or aren't sure, say so. You are only human!
- Keep
your temper.
- try not to be overly critical of other people,
including your ex. Stick to the facts (i.e. "the order says the children
are to come to me on Wednesdays but he has not allowed me to collect them")
If the Judge, or your
barrister, think that how you felt about his beviour is
relevant, they will ask you.
- remember that it is the Judge you are
giving evidence to, even if s/he is not the one asking the questions, and
speak to him or her.
Also, when you are not giving evidence,
remember that the Judge can see you and try to avoid things such as
sighing, shaking your head or otherwise showing you disagree with what your
ex, or any other witness or rep. says. Do not under any circumstances
interrupt. If there is something you feel absolutely must be challenged,
write a note & pass it to your barrister (or to your solicitor, if they are
present)
best of luck.
Forum 
England and Wales 
