Originally Posted by SegaGamer:
“What if he just decided to just not give Scarlett up to Janine at the time ? I know basically nothing about legal fees so if they went to court and Michael didn't have a lawyer would he still need to pay money in some way ? Also what if he didn't want to go to court, would Janine win just like that ? It doesn't seem like a fair way to win a battle in court, the one with more money wins just because the other hasn't got enough money to defend themself.”
I'm not an expert in family law myself but generally the assumption is that if you have been called to Court for a hearing, even if a private one so someone chasing a debt, a custody hearing etc, and just don't attend, you are conceding your case and the Judge will automatically find against you - hence if Michael didn't turn up Janine would be awarded full cusody.
If he turned up and represented himself, opposing counsel would tie him up in knots, referring to the way he bullied her on the day of the wedding re the pre nup, perhaps suggesting it brought on labour, his lack of support when they were bot in the Hospital, the fact he immediately started spending her money - all sorts of things. Chances are he'd lose his temper and then they'd probably find against him.
There is no reason for someone to appear unrepresented (that is why we have legal aid) but the criteria is very strict and te perception is you get what you pay for and legal aid lawyers will be inferior to 'private' ones.