5 things we’re always asked

McKenzie Friends: What we’re always asked.

We get asked all sorts of questions. Some of them are complicated, some are simple – it kind of goes with the territory of what we do on a day to day basis.

But we hear quite a few myths about McKenzie Friends – many of which are untrue. They confuse people so without further ado here’s a run down on the biggies.

Can you represent me?

No. Only a solicitor or a barrister can do that. Its’ worth thinking for a moment what being `represented’ actually mean in a court context. Here it means someone who can speak for you in court. Respond to other people on your behalf – write to your ex and/or their solicitor. Sign documents. Solicitors and barristers are officers of the court.

As that link says:

Although solicitors must fearlessly advance their clients’ cases, they are not “hired guns” whose only duty is to their client. They also owe duties to the courts, third parties and to the public interest.

So we can’t. We can offer you advice, help with paperwork, that sort of thing – but we cannot represent you. But over the decade we’ve assist people we’ve come up with a pretty good way of both following the rules about what we can do and providing you with the help you need!

Are you solicitors?

See above. Solicitors are officers of the court (see above). They’re legally qualified.

McKenzie Friends don’t have to be qualified either but some are (Michaela Wade is a CILEX-qualified paralegal). Others have a wide range of skills and experience.

Can you give me legal advice?

Yes! 4.) iv of Practice Guidance: McKenzie Friends (Civil and Family Courts) says a McKenzie Friend can `quietly give advice on any aspect of the conduct of the case’.

Our advice is based on our legal knowledge (as I say above our team includes qualified individuals) and experience of a large number of wide-varying cases over the years. We’ll tell you what we think the best action to progress the situation is – and you are free to follow or disregard it at any point. We’ll tell you what the court has the power to do and not to do, what the likely response of the court and others involved in the case will be and how to handle changing situations.

It’s really as simple as that.

Can you come to court with me?

Yes! We’re really not sure why people seem to think we can’t. We can! Speak to many legal professionals and they’ll be under the impression that is all we do – they think we’ll turn up on the day, sit with you and go away when the hearing ends (Pro-tip: We do a lot more than that!)

The only time we can’t be with you is during CAFCASS conciliation appointments (mediation before a hearing) – but neither can your solicitor be if you have one instead of us assisting you.

So we can be with you at all points – including when it comes to going into the court room to speak to the judge or magistrates.

Can I change the judge/CAFCASS officer/social worker?

Maybe. But seriously…99.99% of the time it isn’t going to work and it isn’t going to help trying. It’s understandable especially if things aren’t going the way you’d like. The processes to achieve this are there – but for obvious reasons they tend to be a lot harder than actually working with the system to get the desired result.

It’s important to look at the big picture too. Judges, CAFCASS officers, social workers – they often move on over the life span of a case so it’s quite possible that whoever you aren’t particularly enamoured won’t be involved before long in any case.

This last one is a controversial – I know. But it’s a fact. Court cases are hard. Fighting the people involved in the system is even harder and you should conserve your energy on your primary goal.

Wrap up

If you’re not clear on what your McKenzie Friend can do – ask. Read. Practice Guidance on McKenzie Friends is the definitive guide to what we can and can’t do. Anything else you’re reading is just rumour!

Live, Thrive and Survive in the Family Courts

The Family Courts: Whether you go to a hearing alone, use a Family Law Assistance McKenzie Friend or a solicitor or barrister being a litigant in the family court can be hard. That’s not surprising – because what happens will likely affect your life in a material way.

It’ll be about whether your children live with you or see you. Whether you stay in your home – or have enough money to buy somewhere else. Dealing with the fall out of the end of a marriage or relationship. For many people it’s all of these things, at the same time.

You’re likely tired, wounded, stressed and unable to see a future you’ll enjoy.

You need to be clear about what you want, how to ask for it and how to make sure you are resilient, focused and determined to ensure the outcome you desire has the greatest chance of success. And how to deal with the aftermath so the past remains in the past and you move forward to a happier and more prosperous future.

A fresh start

Which is where our workshop comes in. Between us we have around 30 years of legal experience But over the years we’ve also given strategies to hundreds of people to allow them to deal with their situation by reframing the challenges they face, by focusing on their goals and by showing them to deal with the challenges they face.

And this side of our work has provided a lot of help – many of our clients saying things like `I’m able to sleep for the first time in months!’

So after much work (and training to further enhance our skills in this area) we’re now ready to offer these skills to anyone facing a court case.

Join us!

Michaela and Steven Wade - McKenzie Friends working in the Family CourtsOn Saturday, 13th October 2018 we’ll be running our workshop in Newport, South Wales. Our special Early Bird price is just £79 and £99 after they’re gone. And when they’re gone, they’re gone!

Among others we’ll be covering:

Tickets are on sale now here.

See you there!

Eleven hundred reasons to avoid the Family Court

Eleven hundred reasons not to use the Family Court

The Family Court should be the last resort

We spend as much time telling people not to get involved in the Family Court as much as we do actually helping them by the time they are in it.

They’ll come to us looking for the best solution. Which may be getting back with your ex. Or talking to him or her. Maybe it is attempting mediation. Or biting the bullet.

Only you’ll know if any of these are possible and/or you can live with any of these potential outcomes.

But going to the Family Court. If you can avoid it…do so.

That’s because making an application to change a situation is effectively pressing the nuclear button and is (in the short term at least) liable to make things worse than they already are; although to be fair – you have little to lose if things couldn’t get worse (such as being told in a child contact dispute that you’ll never see your kids again).

Speak to us and we’ll tell you if things could get worse – and believe us here…there is always someone worse off than yourself. Chances are we’ve assisted them too.

Eleven hundred reasons to avoid the Family CourtThe Family Court can be difficult to deal with

A little context. A client we recently assisted has a long-standing contact dispute with considerable hostility but no welfare concerns. Contact stops. And starts. And stops again. So for a recent final hearing we assisted our client with a trial bundle to be used before magistrates.

That means 6 copies. Of 350 pages each – the limit according to Practice Direction 27A (although we were involved in another case recently where the bundle was 900 pages before the bemused judge suggested that the other party’s solicitor trimmed down the behemoth they had created).

So for a simple contact dispute there is a bundle (not the first one either) that you wouldn’t want to drop on your foot. Another final hearing (again…not the first one). Lost time for client from work. The fees they have paid. The heartache. All the incidental costs of dealing with a hostile ex partner.

In this case – it’s not avoidable. If only it were!

If you are in the Family Court it’s hard work

Of course, despite our protestations that you should avoid the Family Court if you are don’t leave any stone unturned. Don’t expect things to all blow over. Don’t skimp on preparation. As always…it’s about focus (we know, we know…).

But the real focus is not about going to court if that’s a possibility. It’s about working out what your goal is and working backwards from there. Court is seldom the easy answer and even less seldom the way to achieve an outcome you’re happy with.

Avoid it if you can whether you are the resident or non resident parent unless there is no other option.

Unless you have Doc Brown as a friend `child custody' will never mean anything.

A very good reason why you shouldn’t ask for Child Custody

If you are going to be dealing with the family courts make sure you don’t ask for child custody. There’s a good reason for this.

`Child Custody’ has no legal meaning in England & Wales

In fact it has had no meaning at all since 1989 when the Children Act became law. That’s when the Berlin Wall came down, the first GPS satellite was launched and Back to the Future II was released. Great Scott!

`Child custody' went out in the same year the Berlin Wall did.So walking into a court and asking for Child Custody is on a par with trying to book a Pan Am flight to take you to East Berlin. At best you’ll get strange looks and told there is no such thing. At worst you’ll be sent away with nothing.

It’s no surprise though. The term is used elsewhere. But not in England and Wales.

Using the term `Child Custody’ is vague too. What does it mean? Does it mean whoever gets it doesn’t have to let the kids see the other parents at all? Or stay overnights? Or is able to call the police and get them back at any point (you can’t do that with modern orders by the way).

You can hardly blame the court if you aren’t clear about what it is you want. You’ll likely be asked as a litigant in person but you’ll also probably get something you didn’t expect and don’t really want.

Be clear about what it is you want and what the court can and can’t do.

Unless you have Doc Brown as a friend `child custody' will never mean anything.Don’t ask for something the court can’t order. If you want `residence’ (another term that no longer has a legal meaning but is snappier than describing who the children live with’) know what it means. Hint. It has nothing to do with how long your kids are with you and the ex.

If you want contact (again…a redundant term but like `residence’ still understood by the court) make it clear. And understand that the two are independent of each other. And complicated by the fact that being a resident or non resident parent again has no bearing on either of the previous too…

So be clear what is you want. Make sure you know what terms to use and not to use. If you don’t and you don’t like the result it’ll be no surprise if the unexpected happens.

/sharedcare?Justpartofthemerrygoround?

Why a presumption of 50/50 Shared Care is a waste of time.

…a story from the near future when there is a presumption of 50/50 Shared Care:

`…newly appointed President of the Family Division Sir James Holman has issued new Practice Guidance in relation to the quantum of time children spend with their separated parents. All courts have been advised that any parent wishing to depart from a routine that provides children with equal amounts of time with each parent will be required to demonstrate why this view is in line with the paramountcy principle. Fathers rights groups hailed this as a major step forward, whilst Women’s Aid…’

`Hello, Family Law Assistance – how can we help?’

50/50 shared care? Just part of the merry go round?`Hi there. I’m looking for advice. I separated from my ex 3 months ago. She won’t let me see the kids. I’ve told her that the law means they are meant to be with me for half the time but she won’t listen’.

`Have you tried mediation? It’s always best to try to avoid court and besides it’s a requirement if you are going to make an application.

Contact National Family Mediation and organise to meet them. You’ll attend a MIAM. If mediation doesn’t work you’ll need section 14 of the C100 signed and stamped in any case’.

`Already done that. I went to the MIAM’.

`How did it go?’

`She went to the first one but said she wouldn’t agree to anything more than the kids seeing me on alternate weekends and mid week contact. Because there’s 50/50 Shared Care now isn’t there? She didn’t listen and refused to go to another session’.

`You’re right. There is a presumption of 50/50 Shared Care now’.

50/50 Shared Care. Would it change anything?`OK thanks. She told me I had committed DV against her and abused the kids which is why she won’t agree to anything else. Will the court ignore that?’

`Allegations made will either be ignored, or you’ll be asked about them. Possibly order a Finding of Fact’.

`Will that slow things down? Will I get my kids half the time until then?’

`It’s unlikely at this stage. The court has an obligation to investigate allegations. Since the changes to Practice Direction 12J were made last year however contact may be difficult for the moment’.

`I was told that if the kids are with her and not seeing me it’ll make things harder for me to get 50/50 is that true?’

`The court has to work in the best interests of the child and if they’ve not seen you for a long time it may want to work on a schedule of increasing contact…’

Sound familar? How would a presumption of 50/50 work?

Court itisseldomoveruntilyougiveup

How to defeat your worst enemy in court

It is easy to defeat your worst enemy in court.

They are the one person who can make you give up. They’ll make you look like an idiot. They’ll second guess you and make you look like a fool. Finally they will completely blow any chance of getting anything like the result you would like.

You already know who this person is. Because you see them every time you look in a mirror. Yes folks…it’s you.

You are your own worst enemy in court

Court - it is seldom over until you give upI don’t want to come over all…metaphysical here. You are responsible for your actions. No one else. Yes, yes, yes. I can hear the protests now. You’re discriminated against. Your ex has made allegations that make you look like Vlad the Impaler’s less pleasant brother or sister. The court is a huge money-making conspiracy out to grind you into the dirt. I’m blaming you for the situation you are in. You were left with no option.

Not true.

You decide what to say. You decide what to do. You decide to give up. Or not. No one else. This is stunningly good news. It means you are are in far more control than you ever, ever managed.

It means you are in control ultimately.

If you decide to walk away it’s because you have chosen to. The same goes if you have given your ex, the CAFCASS officer, the judge or the security guard who scans you for metal objects your considered opinion. A 91(14) doesn’t have to stop you. Neither does a final order. Or bad behaviour in the past – if you have addressed it.

If you ex has painted you as an aggressive nutter and you kick off in court you have proven their point. If you walk away and you think that is what the ex wants, they have `won’ (at this point the more high-minded among you will put your hands together in supplication, gaze heavenward and utter softly that it is not about winning or losing…it’s about the kids. You know what I mean).

The court won’t say `He/she walked away because he/she had no choice’. It won’t even give the matter any consideration. It will close the case, probably give your ex everything they want or decide you were happy with things as they are.

So if you aren’t happy with it why are you walking away?

Walk away from court and guarantee your failure.

Court - where there is life, there is hopeWe know how hard it is. Even if you take the attitude you have a 99% of chance of not getting the outcome you want you have a 100% chance of the same outcome by giving up.

But back to the positivity for a change.

There’s a wider point here isn’t there? You’re doing what you’re doing because you believe it is in the best interests of your children. And that being the case walking away most definitely isn’t.

Maybe when it is all over you won’t get the result you set out. Maybe you’ll get one you can live with, maybe you’ll get one you can’t, maybe you’ll get one that will keep you up for nights in years to come.

But if you don’t give up, you’ll be able to look yourself in the eye in that mirror and be able to say to yourself (and anyone else who will listen) `I did my best and I didn’t give up. I did what I did for the best reasons’.

No one can give that to you or take it from you can they?

A non molestation order can land you in jail

Elvis and Non Molestation Orders

…it does something to you, working as a McKenzie Friend.

A non molestation order can land you in jailWhilst listening to music a few days back I was shocked to listen to the admission of poor behaviour by a certain gentleman from Mississippi in the form of song.

Consider this an academic exercise to help his ex partner who was faced with a situation she found unbearable!

You would have to have a wooden heart not to appreciate this…sorry.

Elvis gets a non molestation order

4 more myths about the Family Courts

Myths. In our experience people tend to believe a lot of things that aren’t true, don’t help them and costs them time and money. It’s all part of the warp and weft of being a litigant in person.

Myths may be great stories but they won't help you in courtOf course, if you have a solicitor you should avoid these problems. As they know the law (hopefully) they will tell you what is possible, what isn’t and how what you want fits in with how the law and the way the actual day to day stuff works.

As a litigant in person you don’t have this luxury however.

If you’re not using one of our stunningly talented, good looking and charismatic team members it’s down to you to read, learn and understand. The law isn’t written for you to understand. It’s written for our learn’d friends with legal qualifications, apprenticeships and time spent as a trainee.

There are many, many things to misunderstand in the legal system. Lots apparently small and insignificant stuff that can change the entire complexion and trajectory of what happens.

Another 4 myths  worth remembering…

No. 1 – Changing the names of children by deed poll doesn’t count for much.

Sorry. If you’ve spent a few hundred on one for your child in the hope you can change your mind…you’ve been done. At this point I’ll usually be told (by someone who has wasted their money on a deed poll that they aren’t a waste of paper, ink and gold lettering). It’s worth remembering surnames are considered by the court to be more important than the first name however.

Think about it for a moment. The Children Act says:

(1)Where a [child arrangements order to which subsection (4) applies] is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname;

…because a piece of paper that hasn’t been issued by the court doesn’t count.

And neither does any number of schools, doctors, dentists or whoever that will happily accept it – they don’t know the law. Simple as that.

If you have a deed poll for your kid is it of any use at all?

Partially. So you already have a deedpoll with the name of your choice. When it comes to getting a passport with this name you’ll need to send the deedpoll and a letter from everyone else who has PR saying they agree with this to the Passport Agency and it’ll all be good.

If you want to a change a name otherwise you’ll need either the agreement of everyone else with PR or a court order (a C100 for a Specific Issues Order).

There’s no other way round it.

No. 2 – Money and contact are linked.

One of the myths is that money and contact are linkedOh no they’re not! Kids are not pay per view. We’ve heard people linking money and contact repeatedly but that’s a sure fire way of making yourself look…bad `You can see the kids when you pay me!’ isn’t exactly a child-focused thing to say.

Contact is either in the best interests of the child or it isn’t. Contributing towards the financial support of a child is (somewhat unsurprisingly) always seen as a good thing. Which is why a primary carer who refuses to accept money from the other parent, refuses to hand bank account details, etc. isn’t acting in the best interests.

It’s the whole reason there agencies to handle maintenance to replace the court hearings that used to deal with it.

Of course, it doesn’t stop people doing all of the above or shouting about it in court.

It’s a scenario many people are familiar with – blackening the character of the other party in court. It is argued that a parent who doesn’t contribute or refuses to accept cash from the other parent is just showing another way they’re not thinking of the children.

It’s not unheard of by a court to be interested in this and to sometimes draw inferences, but to be blunt…they shouldn’t.

No 3 – It can all be sorted out in the first hearing.

OK, you got me. It can be. It is entirely possible to get to a hearing and for an agreement to be made that resolves the entire issue, the court agreeing that this can happen.

But I am guessing it is unlikely to happen.

What is more typical is that a primary carer will stick to their guns and offer no contact at all or at most in a contact centre. If there is no agreement the court will most likely say it cannot make an order without this – it can…but it won’t and you aren’t going to convince them.

So manage your expectations, do your homework and work on everything you can to make sure you are fully prepared for things further down the line.

No.4 – It’s a good thing if your ex doesn’t have a solicitor.

…or if you can get his/her solicitor removed if they are funded by Legal Aid.

In most cases we’d say `No it isn’t’.

Because while it is undoubtedly true that your ex’s solicitor represents their position it is also a fact that he/she really, really doesn’t want to say to a judge something like `Yes – my client is denying contact, has no child-focused reason to do so and is doing it merely to punish their ex partner‘ – defending the indefensible is never much fun. A good solicitor will advise their client when they are doing something that isn’t going to help their case and often lean on them to be more reasonable (OK…appear to be more reasonable). Pay close attention while you are in court and you may sometimes hear a barrister or solicitor being very pointed with a client suggesting in the nicest possible way that they’re about to be torn off a strip in court. Sometimes there is…shouting. I’ve heard it.

Now imagine your ex, alone.

He/she will agree to nothing. Will make allegations at random intervals…which will hold up any progression while they are dealt with. Will slow things down by producing irrelevant and confusing information.

In short, stuff you’d never hear about if your ex had assistance. I’m not saying your ex’s solicitor is your best friend – it’s fairer to consider them a double edged sword where you are concerned. Your first question should be `Would my ex having a solicitor cause me more help than harm?’ Sometimes the question is harder to answer than you think.

Myths can damage your case

A final piece of advice is this: Don’t go alone.

Use a McKenzie Friend. Or a solicitor. Either way…learn. Because no one cares about your case as much as you do. You get to live with the consquences of your actions – no one else does.

Court and pearls of wisdom

4 ways to improve your chances in court

You are not a victim in court. You are not powerless. It is far too easy to see yourself at the mercy of your ex, the court and the rest of the cloud of people you will come into contact with when you wish to change a situation you are not happy with.

I don’t blame you though.

Because when you become involved the Family Court you will make a huge chorus that say you are doomed. They could include:

  1. The ex’s solicitor. He or she (paid handsomely by the ex) will tell you stuff that would make any right-minded person throw the towel in before the first metaphorical shot is fired. Why do you think he or she does that?
  2. Friends, family and people you have never met from social media. A huge club who combine ignorance of the facts, ignorance of the law and personal agendas. It’ll include the bloke who told the judge like it is – the one who is as mad as hell and isn’t going to take it any more…and has no contact.
  3. Some of the court staff. Be it the CAFCASS officer who tells you that contact only really works if the parent who has the child agrees to it. Or his/her counterpart in Social Services saying the same thing (who may tell you that absolutely positively have no choice but to sign that Section 20 if you are mired in a public law case).
  4. Organisations pushing an agenda about bias and incompetence in the system. I’m not going to make a judgement about that one. But again – listen to that sort of thing and you’ll end up feeling like a long walk off a short pier sounds mighty attractive.

It’s enough you to want to go and join the French Foreign Legion or something isn’t it?

You have more power in court that you think

Court and pearls of wisdomThat applies even if no one in the courtroom apparently likes you. Even if the judge has seemingly decided he/she doesn’t like the look of your face the moment you walk in. Even if you have been threatened with a £20,000 costs order, no contact with the kids ever and a day in the stocks on the village green while you wear the latest in fermented tomatoes on your face.

Court – things that can only ever help

Despite all the relentless negativity so far (you’re still reading?) there are some absolute pearls of wisdom that will help you no matter who or where you are, what the situation is or how seemingly hopeless it all seems.

If I were going to get all `Gunnery Sergeant Hartman’ on you at this point I would point out that there are no exceptions here. These points are by and large common sense…and again – we get it. That’s part of the reason we do the job we do – to help you focus when things are hard – many McKenzie Friends ended up doing the job after personal experience of this all.

So what are these pieces of enlightenment? Here goes:

Cast iron habits to help you in court

  1. Don’t give up. I know, I know, I know. But consider this. You have a 100% chance of getting nowhere if you walk away. There aren’t many guarantees in court but this is one of them. You may say you have no chance if you don’t give up…but I’ll also guarantee you it’s less than 100%. Only you decide if you give up – no one else at all. Own it!
  2. Sell the solution. The court will take the easy option. If that means you walking away…that’s marked as a success (because you have obviously come to an amicable arrangement with your ex…obviously). If it means ordering no contact because you got yourself a non molestation order, a caution or a PIN or whatever because you `kicked off’ at the wrong time in the wrong place…that’s marked as a success. Remember kids – even indirect contact is considered a success!
  3. Focus. At the start ask yourself this: `What do I want out of this case?’ If it is anything other than building a relationship with your kids you’re probably not going to have much fun or luck. Because that is the only topic for the court arena. Don’t get distracted either – keep your eye on the ball. Don’t concentrate on the ex’s 493 ridiculous, fictitious and painful allegations. If the court wants to entertain them, they’ll order a Finding of Fact.
  4. The court does expect you to be an angel but...Be whiter than white. If the ex has dirt on you, it’s a fair bet it’ll be discussed in court to justify denying you contact (because it beats him/her saying `Yes – I did deny contact without legal basis. I’m doing it to punish you’. Don’t give your ex ammunition or justification for his or hers actions – which could be backed up with screen prints of your abusive messages, police reports of your arrest or witness statement of the nice old lady next door who saw and heard you shouting threats through the letter box while demanding to see the kids.

Court – it’s up to you

It’s more than practical stuff too. A positive mindset will help immensely. It’s hard enough as it is without you shooting yourself in the foot from the outset.

Stay calm and carry on, chaps.

LTR thenuclearoption

Stopping the ex moving abroad with the kids (LTR)

It’s just about every parent’s nightmare. Leave to Remove (LTR). You’ve split with your children’s other parent. You’ve done your best to stay in their lives. You’ve jumped hurdle after hurdle put in your way. You’ve probably gone to court to get a court order. It’s cost you time, money and heartache already. You are hoping to rebuild your life, to spend time with the kids and look forward to happier time.

And the ex then announces they are moving abroad. Possibly France, possibly another continent. Possibly the other side of the planet. Or maybe you hear it from someone else.

Face this it’s reasonable to feel like the bottom has dropped out of your world.

Because it’s a game changer isn’t it? It’s one thing to be restricted in when the kids see you…but if you need a plane flight and a passport to see them that’s an entirely different ball game.

Of all the times that you need your game head, this is it.

Now of course it is possible to get kids back from a foreign country – especially if they are Hague Convention ones. Right? Well…look at it like this. You know how difficult it is as a litigant in person in the Family Court in this country?

Imagine doing it again in a different language, using laws you are unaware of, that may give ex priority (for example…if they are a national of the country they are now in). and you paying the equivalent for the cost of a holiday for each hearing until the case is over and your lawyer if you have one.

Leave to Remove (LTR) – the nuclear option

Leave to Remove - the nuclear optionAs a non resident parent you are on the back foot already even at the best of times. Once your ex has gone…well…a contact dispute in this country will look like a walk in the park and you’ll soon end up with fond memories of the `good old days’ when you weren’t flying to hearings.

For this reason it’s a different proposition. If you seriously think your ex is going to remove your children from England & Wales you need to consider carefully on balance whether you would rather fight a court fight here…or elsewhere. In an age where you have around a 50% chance of stopping a removal it is quite possible you have little to lose.

There are various outcomes in this scenario:

  1. Your ex is planning to remove your children and you do nothing – your children go.
  2. Your ex is planning to remove your children and you make an application – you have a 50% chance of stopping it.
  3. Your ex isn’t going to remove the children and you do nothing – good result.
  4. Your ex isn’t going to remove the children and you make an application – you damage the relationship with your ex.

Moral of this story? If you have serious concerns you absolutely should make that application. If not, step away from the big red button.

How to deal with a Leave to Remove Case (LTR)

The correct answers are `quickly’ and`decisively’. Don’t push this metaphorical big red button unless you are fairly sure your children will be removed if you do nothing.  If you are…push it without a moment’s hesitation.

The practical stuff?

Leave to Remove  - handle with careYou’ll need a C67. Or a C100. Depending on the circumstances and what you wish to achieve exactly and your particular circumstances – because there is more than one way to skin a cat. You’ll need to submit a position statement too in all likelihood (almost certainly if we’re by your side).

It’ll be an emergency ex parte hearing and should the court see things your way you’ll likely be back very, very soon (we’ve know it to be the next day in the cases we have assisted in).

You won’t be visiting you friendly local court either…it’ll be a day trip to London unfortunately to the Royal Courts of Justice on the Strand.

and where you’ll quite possibly end up before a High Court Judge. Which should kind of give you an inkling of how serious this sort of thing is treated.

This whole post can be boiled down very succinctly. Don’t make this sort of application unless you are fairly certain there is a definite risk your children will be removed; if there is…get on with it. Don’t hesitate.

And the moral of this story is simple. Do your research. Communicate with your ex as much as possible. Simple misunderstandings can be blown out of all proportion. For the want of transparency you can be mired in a court case that only causes trouble.