The Family Court – Does going in all guns blazing work?

The Family Court. It isn’t the legal equivalent of the gunfight at the OK Corral.

Yet it’s amazing how many people tell us they’re going in all guns blazing to win a sudden and decisive victory against an ex partner who has said and/or done things they shouldn’t have.

It’s a (depressingly) normal reaction to do so however. And for people like us – people who are trying to help you and have seen hundreds (thousands?) of people in the Family Court – it’s something we do our best to manage.

You won’t get what you want by being aggressive in the Family Court.

Don't treat the Family Court like the gunfight at the OK CorralIt’s amazing we have to say this. Especially as it’s all too common for allegations of aggression to be made. You’ve been accused of being aggressive, controlling and obsessive…so your response is to act aggressive, be seen to attempt to control the situation and to be obsessive over every email your ex has sent, every time they’ve turned out 5 minutes late…on a spreadsheet.

Seriously. We’ve seen this happen. And it doesn’t work.

It’s almost like the Family Court is designed to deal with people being awkward

So you go to court. You consider your case exceptional (of course it is – it’s a very personal subject). You think that with the force of your argument the court will acquiesce to what you are seeking.

Except it doesn’t work like that.

The court sees cases like yours day in, day out. The judge you are seeing may see dozens of people like you, saying the same sort of thing day in – day out. We do too.

The Family Court wants one thing

And that is? A resolution to your case. The best outcome is you working something out with your ex and you disappearing into a bright new future. Otherwise it wants to make a quick, easy and long term order that means you…disappearing into a bright new future. Which in the court’s eyes means you going away and not coming back again.

So what does this mean to you? Something simple:

Don’t be the bad guy who has nothing to offer the court other than dealing with your `fighty’ attitude.

Because if that happens…you’ll be disappointed. It’s a marathon, not a sprint. You won’t get to present all your evidence at the first hearing in all likelihood. You won’t get to prove your ex is a liar (even if it is relevant to your case and it probably isn’t). You won’t score a knockout blow.

So relax. Plan. Take it easy. Be patient!

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!

FindingofFact areyouthemonsteryouarepaintedtobe?

A litigant in person’s guide to a Finding of Fact (part 1)

Finding of Fact - a chance to deal with allegationsA Finding of Fact is the chance to deal with allegations you face

It’s a reasonable question we’re asked on a regular basis:

When do I get to tell my side of the story?

It’s not just a reasonable question either. It’s a normal response too! But as a litigant in person you need to understand the rules the court works to – which differ massively from the real world.

When I say `rules’ I don’t mean Practice Direction, CPR or the Children Act itself either.

What I mean is the fundamental way the court works. Attend a hearing and the judge/magistrates/someone else will hear from you and decide what to do. In child contact cases, etc. allegations are very, very common (I can count on one hand the cases I have helped out with out of the many hundreds where there haven’t been any).

The court will have seen thousands. Tens of thousands. Hundreds of thousands. And it doesn’t have the time to investigate every single allegation made in every case. Seriously.

So when you attend a hearing and are accused of something the court has a few different options:

  1. Ignore them entirely.
  2. Ask you about them.
  3. Call a Finding of Fact.

Finding of Fact - are you the monster you are painted to be?In my experience options 1 and 2 by far the most common. If it’s number 1 you may well be left feeling short changed – you’ve had no chance to call your accuser out. But remember…in a child contact case the hearing isn’t about that. It’s about `the best interests of the child’. From your point of view it is by far the best option however. Which it means in effect is this:

  • The court has decided the accusations are stupid/false/irrelevant and not even worth responding to.

A `win’ surely?

Which incidentally should by and large be your response. Remember the mantra? `I refute all allegations‘.

Of course, if option 2 comes up you get the chance to say your piece.

So what happens at a Finding of Fact hearing?

If it’s option 3 and a Finding of Fact is called, that’ll be when you get a chance to respond. With the advent of the amendment of Practice Direction 12J it looks like Finding of Facts are becoming more common. How common remains to be seen but it depends on the allegation and view of the court before.

We’ll be covering the nuts and bolts of the actual hearing itself very soon…

Litigant in person. Court coffee isn't great.

4 more things that will never happen in court

In court some thing never happen…if you’re a litigant in person this guide may help

…and in the second post of it’s type we have another 4 things that’ll never happen in court. It’s important to be focused when you are in court. Important to know what the court can and can and can’t do. You need to understand too whether what you are asking is going to help in the scheme of things more make them worse.

So without further ado here are…

Another 4 things that (may) happen in your dreams but almost certainly won’t happen in court

As a litigant in person you are unlikely to see a unicorn in court.The court orders your ex to communicate with you.

Your ex has been ignoring you.  Refused mediation. Won’t respond to emails. Texts. Phone calls. Voicemails. You and your child are disadvantaged by the complete and utter lack of communication you’re facing. You’ve missed handovers, not known about medical issues or even the name of the new partner your child spends the bulk of their time with.

Why won’t it happen? Because the court cannot order communication. It can only suggest. Advise. Say it is in the best interests of the child. But it cannot force it to happen.

 

Being a litigant in person ain't LA LawYou feel utterly vindicated when walking out of a hearing.

We all love courtroom dramas. We’ve seen LA Law, Judge John Deed and Suits. It’s your day in court. It’s glamorous, it’s exciting and you’ll walk down the large steps of a large neoclassical court house to punch the air and know that in this world there is justice out there.

Except you won’t. It’s not a time for victory. Chances are that even if you get everything you set out to achieve it’ll be a Pyrrhic victory and you’ll ask us `Why couldn’t we have done this without the fight?’

 

Everything goes to plan.

You arrive for your first hearing. The Schedule 2 letter is there. The court orders statements to be exchanged by a certain date. A bundle is ordered. Practice Direction is adhered to strictly and to the timetable is too. You go into court the right time.

Don’t be surprised when this doesn’t happen. The more cynical would say timetables, deadlines and Practice Directions are as Captain Jack Sparrow would say…`the code is more what you’d call “guidelines” than actual rules’. Don’t sweat the small stuff and don’t expect there to be any consequences for things not going to plan.

 

Litigant in person. Court coffee isn't great.You’ll get a great cup of coffee.

OK, you got us. It does happen. Sometimes. The Royal Courts of Justice has a Costa (if you like that sort of thing). But if you’re lucky expect a machine that looks like a prop from `Life on Mars’. With brown fluid that comes out when you press the coffee button. It’s as good as it gets though…

 

Litigant in person: Focus is your greatest tool.

As always this is all about focus. I know. You’re bored of hearing it and we’re bored of saying it. But choose your battles. Know your target. Don’t die on that hill. Be clear about what you want and what can be done.

Represent myself? It's not doing a jigsaw puzzle!

I can’t represent myself? Yes you can!

Represent myself? I can’t do that!

Can I?? <Insert stuff about legal professionals, highly complex law and you not being up to it ;-)>

This is something we hear often. It may surprise you but the reality is many people that decide to represent themselves do so for a number of reasons – not just cost. True…some do so because they can’t afford solicitors (starting at around £250 an hour) and barristers (prices available upon request) but it is true but a lot of people choose to do so because they haven’t felt they’ve been represented adequately in the past. The phrase `I sat there without saying a word while my solicitor/barrister ignored everything I’d told him/her and just agreed to stuff I didn’t want’ is fairly typical.

I am not taking away from the amazing work many solicitors and barristers do. But why would anyone want to represent themselves? Simple! They have the who, what, why and when on the tip of their tongue. If it’s a child contact dispute then no one is going to know their child better than you! If it’s finance case then no one is going to know what that £200 you withdrew law year more than you!

But I’m not allowed to represent myself am I?

Represent myself? It's not doing a jigsaw puzzle!You are. You have a legal right to do so.

Litigants in persons have got some stick over the years and have been accused of prolonging the court process. Sure, they need guidance on how court procedure – what forms to fill in, what to say in court, what they can and can’t do – but you can sure as hell bet you won’t want to be there if there is an alternative.

Courts are always a last-chance saloon. Aside from the fact that the coffee leaves much to be desired (although there is a nice cafe in Newport, Leicester has a passable canteen and the Royal Courts of Justice has a Costa stand) it is also an adversarial place. Tempers are frayed, emotions run high. There’s a good chance you are going to hear some not nice things said about you and you are undoubtedly going to feel frustrated.

As a McKenzie Friend I see this all too often. I’ve been doing it for too many years to be surprised about anything. I have seen people jumping on tables after a court hearing shouting “’It’s not fair” in a toddler style; I’ve seen grown men cry after being reunited with their children and I’ve seen a mother disintegrate on the floor after her child was removed from her care.

It’s fair to say that not much surprises me and I know how to react to drama such as this.

It also means I can provide some hints on good practice to make your legal experience easier and more successful.

Here we go.

Represent myself in court. 3 Top Tips

  1. Represent myself? Won't there be too much paperwork?Be Organised! Don’t stick all of those papers in the breadbin! Get yourself a lever arch folder and put all of your communication in date order. This will help you in the long run.
  2. Take someone with you. Preferably a Mckenzie Friend. You may be organised but that won’t mean you will be any less emotional. Ideally you need someone to be in the court room with you so that they can explain any “legalese” or tell you to wind your neck in or to tell you to get to the point. We specialise in kicking people under the table at appropriate points.
  3. Be focused: Whether it’s child or money matters keep it focused at all times. Don’t discuss things that aren’t relevant – and know what is relevant by understanding what matters to the court and what isn’t.

The truth is that this isn’t rocket science. If you’re organised, focused and calm you already have increased your chances of success without knowing any law whatsoever greatly. These are things that anyone can do if they are determined enough – and with the stakes potentially being so high you’ll have plenty of motivation!

How do I represent myself? Confidence is a good start!

How do I represent myself in court? How to do it in 2018

“Insanity is doing the same thing over and over again and expecting different results”

How do I represent myself? Confidence is a good start!

2018 – New Year, new you? Or the same old issues you feel chained to for many years to come?

It’s easy to feel powerless when you are involved in the family or other civil courts. Easy to feel a hostile ex partner pulls your strings, casts a shadow and dominates your day-to-day life.

It doesn’t have to be like that.

Ask yourself `If I represent myself in court how would that help?’

Some good answers here:

  • Because you can.
  • You’ll empower yourself.
  • You will be stronger and more confident after doing so.
  • No one knows the case quite like you.
  • Or cares.

Oh…and you’ll save a lot of cash too. If that sort of thing interests you.

It’s normal to think your situation is unique. That your ex is doing new and inventive ways to break court orders and that he/she will continue to do so until Doomsday without any consequence.

But the truth is that nothing is new under the sun. Whatever your position someone has gone through it before and learned whether their response to it has worked or not.

You can learn too: Is what you’re doing working? Has it made things better? Worse? Or made no difference?

Represent myself? Some basics.

Represent myself? You can do it - but it's a marathon not a sprint.Put aside your feelings. Yes, I know it’s a bit Zen…in many cases we’re talking about your children here aren’t we? But if you are the sort of person who would do anything for your kids would that include keeping your mouth shut at the optimal time, focusing about your goals, being realistic about what you can achieve or not lashing out at anyone who is nearby and being patient?

You have way more power than you could ever imagine. And you are defeated only when you give up.

So make 2018 a year things change. Take control of your life. Take control of your own actions and know you cannot change anyone else. The information is out there.

It’s yours to lose. What you going to do different this year?

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.

The Family Law Assistance Advent Calendar. Learn how to represent yourself with our video guides!

Represent yourself – the Family Law Assistance Advent Calendar

Represent yourself in court. Speak to some and there will be a sharp intake of breath and a suggestion that doing so is like doing DIY brain surgery or trying to launch yourself to the Moon in something you knocked up in the garden shed. Experts and our learn’d friends will counsel you not to do so and to seek the assistance of a professional.

The Family Law Assistance Advent Calendar. Learn how to represent yourself with our video guides!And yet plenty of people do it and do a good job too. This includes some of our team members. As well as our clients of course.

It isn’t impossible to represent yourself.

Neither does it have to be hard. It can be. Some cases can be tricky. Or the stakes are higher than some. Parental alienation. Leave to Remove. That sort of thing. That said…we help enough people to know that’s also more than possible.

It’s also a myth that people representing themselves do so as a `last chance saloon’ – that they can’t afford a solicitor or barrister so they have the tempting option of either doing it themselves or walking away from something they can’t walk away from. Many do so because they feel that no one knows their case like they do or cares as much and they’re right.

Learn how to represent yourself with our video guides

With this all in mind Michaela Wade will be posting a video each day – maybe a minute or so with the nuts and bolts on what to do, what not to do and how to do it when you are representing yourself.

She’s doing it from Facebook live from our Facebook page at https://www.facebook.com/familylawassistance. The first one starts on the 1st December – that’s this Sunday. Look forward to seeing you there!

Represent yourself with our help

Christmascontact don'triskanemptyhouse.

The Season of Goodwill – Christmas Contact

Christmas contact if you have a hostile ex partner is…special. OK, OK – Christmas is meant to be special. But not in that way, eh?

Christmas contact - don't leave it too late to sort it out.If you’re not seeing your kids over Christmas it can be just about the worst time of year. A time of year you quite frankly want to see the back of. You want everyone to put away the tinsel, stop banging on about it being `for the kids’ or anything else to remind you that you’ve been thrown out of `the parents club’.

You want it gone. The New Year to start. And to get on with life.

If the above sounds scarily familiar or likely to occur you have time to do something about it.

But not long.

Deal with Christmas contact issues now

Along with the summer holidays we always get a rush of calls in December from parents who realise they’re not going to see their kids on or around the 25th. By the time they do…it’s too late. We can’t help. Nor can anyone else.

Christmas contact - don't risk an empty house.It’s because the the court staff are taking time off for the holidays…and spending time with their kids. And because other people have anticipated the very problems that we’re discussing here and have beaten you to it.

They are going to avoid the situation of being told by the ex there is going to be no Christmas contact and if you don’t like it you can take him/her to court for it….which in reality will be when you’re throwing out the left over turkey at best and after ringing in the New Year at worst. You’ll get a court date at some point in January to discuss you wish for Christmas contact – we’ve seen it happen.

It’ll be too late.

How to make sure Christmas contact happens

So assuming Christmas contact isn’t specified in order, you need to work on things now. The same applies if the ex tells you you’re not seeing the kids over this period or refuses to discuss it at all.

You’ll need a plan. Here it is:

  1. Contact a mediation service such as National Family Mediation ASAP. Today is a good day to do it.
  2. Complete a C100 form for a Specific Issues Order. You’ll be applying for contact over Christmas this year as well as order that provides for Christmas Contact for every year going forward.
  3. Hand deliver the forms and submit your fee. You can always chance your arm at an emergency ex parte hearing for the same later down but this is risky and you may well find yourself turned away being told you shouldn’t have left it too late (and it’d be a fair point…).

If you do nothing, nothing happens. It’ll be you sitting alone. Make sure that doesn’t happen.

Don’t hesitate people!