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.
Of 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.
Oh 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.