Harriet Richards Family Law

05/08/2023

**𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐨𝐧𝐬...𝐚𝐧𝐝 𝐰𝐡𝐲 𝐝𝐨 𝐭𝐡𝐞𝐲 𝐦𝐚𝐭𝐭𝐞𝐫?**

The Family Procedure Rules (FPR) 2010 set out how cases must be handled in the family courts, and it is important that you - or your legal assistance - are familiar with these, and are following the most recent legislation.

Practice Directions form a part of the FPR, and they must be followed. So, why are they important to you?

Well, perhaps the best known and widely discussed of these is PD12J. This practice direction sets out how the court must deal with allegations of domestic abuse, but it also goes into detail about the definition of domestic abuse and what "harm" means. It sets out what considerations should be made, investigations it can order, how such a case may progress and much more. In short, whether you are the victim, perpetrator or someone falsely accused, PD12J will apply to your case.

Other practice directions which may apply to your case can vary widely, but here are a couple of others:

🔘PD3A describes the need for a mediation information and assessment meeting (MIAM) before applying to court, and the exemptions.

🔘PD27A provides the guidance on bundles including who is responsible, the formatting and how they should be lodged.

Having knowledge of the FPR and the Practice Directions can be very useful when you are a litigant in person - that is, representing yourself, with or without the assistance of a McKenzie friend:

☑️You will be more aware of your own responsibilities within the court process, so that you can conduct your case correctly and effectively.

☑️You will have a better idea of what to expect at each stage of the process, and can cross-reference decisions and directions with the FPR and PD's

☑️You can quickly see if there has been an error in law in your case, and will be able to raise it BEFORE it becomes a problem.

You can find the most up-to-date information here on the Justice.gov website: https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu and, if it all seems too overwhelming or you need additional advice, you can contact me at [email protected]

Family Procedure Rules Family Procedure Rules Web Version Practice Direction - Practice Directions Relating to Family Proceedings in Force before 6th April 2011 which Support the Family Procedure Rules 2010 Part 1 - Overriding Objective Part 2 - Application and Interpretation of the Rules (applic...

02/08/2023

**𝗣𝗮𝗿𝗲𝗻𝘁𝗶𝗻𝗴 𝗔𝗽𝗽𝘀**

There are a number of apps designed to help separated parents to communicate and co-parent, and they are quite often recommended by the family courts. Which one you choose will largely depend on why you need one, what features you need it to have and sometimes, your budget.

Here is a very quick overview on the main ones used in the UK:

𝐀𝐩𝐩𝐂𝐥𝐨𝐬𝐞

This is a free to use app, American but commonly used by UK parents. There is a messenger function where, like most parenting apps, messages cannot be altered or deleted, and a shared calendar among other features. The app is usually enough for most co-parents, particularly where communication has been fraught previously and there are few other issues.

𝐎𝐮𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐖𝐢𝐳𝐚𝐫𝐝

A paid app with lots of features including the usual messaging and calendars. In addition, content is shareable with professionals and other people important to the children, and expenses can be logged and requested. It is popular with parents, but if you don't need all the features then a free app may be sufficient.

𝐓𝐚𝐥𝐤𝐢𝐧𝐠 𝐏𝐚𝐫𝐞𝐧𝐭𝐬

A "mid-way" option, this one has a free web version and two paid versions - the highest of which is $24.99/month. If you opt for the highest option, you can make audio and video calls which are recorded and get access to transcripts (and it hides your phone number). Many parents find the web version is perfectly fine for their needs.

So, should you be using a parenting app? Well, you might want to consider it if any of the following apply:

* There has been difficult, tense communication previously, or if one parent is verbally abusive
* If one parent is claiming not to receive messages or emails, or frequently refusing to engage in discussion
* If you have a complicated schedule of contact, or children's busy extra-curricular schedules need to be shared
* If you want everything co-parenting to be in one place, with the ability to easily download message threads or export to your legal counsel
* Where you want to easily store and share important information, medical issues, contact details etc, both between parents and (app dependent) other people who care for the children

In my opinion, using an app can be a great way to foster a good co-parenting relationship, even in cases where this has seemingly been impossible previously. The accountability that comes from being unable to delete or alter messages is enough of an attraction in itself for parents who may have found themselves on the receiving end of allegations in the past.

Do your research on the features you need, and whether you really need to pay for premium. And of course, if you need help or advice then do contact me at [email protected]

Send a message to learn more

31/07/2023

**𝐖𝐡𝐨 𝐚𝐫𝐞 𝐂𝐀𝐅𝐂𝐀𝐒𝐒?**

Cafcass stands for Children and Family Court Advisory and Support Service. Cafcass represents children in family court cases in England. Cafcass officers, or family court advisors, are qualified social workers.

If you, your ex, or another family member such as a grandparent, makes an application to the family courts you will have at least some contact with them.

Safeguarding call/letter

This is normally one of the first things that will happen when an application is made which involves arrangements for children - this includes specific issue orders and prohibited steps orders. Cafcass will make an appointment with both parents (and the applicant party, where grandparents apply to the court) to conduct an initial call over the phone.

They will ask you questions to try and understand the background and current situation, and any concerns you have about the child/ren. As a part of this initial process, they will also perform police (PNC) and local authority checks on both parents/all parties.

A safeguarding letter will then be shared with the court, and usually with the parties (though not always) which outlines what Cafcass’ enquiries have found and what they recommend as the next steps.

In many cases, their involvement ends here - if there are no (or very minor) safeguarding concerns. Often, however, a Section 7 report may need to be completed.

Section 7 Report

This is a more in-depth look at family life and the issues at play. In most cases, a Cafcass officer will meet both parents in person and depending on the age of the child/ren, may speak to them separately to help ascertain their wishes - this is a part of the considerations the family court must consider, where applicable, called the “welfare checklist”.

Sometimes, Cafcass will speak to or get reports from other professionals involved with the child/ren, including their school, any HCPs working with them etc.

A Section 7 report is then completed and shared with the court and the parties, along with Cafcass’ recommendations. It is generally considered that the court will go with Cafcass recommendations in full around 80% of the time.

Further information on the role of Cafcass, plus some useful tips for parents on working together, can be found here: https://www.cafcass.gov.uk

If you are worried about engaging with Cafcass, need help to prepare or to challenge a report, please get in touch by emailing: [email protected]

6 July 2023 Cafcass’ Open Board Meeting 13th July 2023 Cafcass’ Open Board meeting will be taking place on Thursday 13 July from 13:30 – 15:30 and will be held as an open meeting so […]

29/07/2023

**𝐇𝐨𝐥𝐢𝐝𝐚𝐲𝐬 𝐚𝐧𝐝 𝐏𝐞𝐫𝐦𝐢𝐬𝐬𝐢𝐨𝐧**

If you are a separated parent and want to take your child/ren abroad, you MUST have permission of the other parent if you both have PR…unless you have a court order in place. Read on for more info:

Here is the government advice around taking children abroad: https://www.gov.uk/permission-take-child-abroad It is against the law to travel without permission (or an order in place) and people are stopped by border agents on a regular basis.

Scenario 1

If you are a parent (usually the mother in this scenario) with PR and the other parent does NOT have PR - if you were not married, and they are not on the birth certificate, and have not obtained PR through the court: You are free to travel as you please. You may want to take the child/ren’s birth certificates with you to prove that only you are named, in case you are questioned.

Scenario 2

Both parents have PR, no court order in place. Regardless of whether the child lives with you or not, and even if there is no contact with the other parent, you MUST have permission from them to travel abroad. Ideally this should be in writing, either a letter or email.

Scenario 3

You have a child arrangements order in place which names you as the person the child lives with: you can take your child/ren abroad for up to 28 days without permission. However, if this is to occur over time the other parent is due to have contact, you should agree to make up this time as soon as possible. Always check the wording of your order and don’t make assumptions - for example, if your order states you must provide a certain amount of notice to the other parent, you must do so.

Scenario 4

Both parents have PR, no order in place. One parent will not give permission for a holiday abroad:
If you are the parent requesting the holiday, you can attempt to mediate with the other parent and, failing that, you can apply to the family court fir a SPECIFIC ISSUE ORDER. The court will then assess the situation and facts of the case, and in the majority of cases will make an order allowing travel.
If you are the parent refusing permission, you should be aware that in most cases a court will allow the holiday unless there are good reasons not to. An example of this would be a holiday during term time.

If you are a parent with serious and valid concerns that the other parent will abduct your child/ren, it is imperative that you seek a PROHIBITED STEPS ORDER, which prevents removal (sometimes just to certain countries, or for more than a certain amount of time) and/or a CHILD ARRANGEMENTS ORDER which deals with both the holiday issue and the issue of lives with/contact with the other parent.

What happens if I travel without permission?

You risk being stopped by border agents and ultimately, there is the possibility your child/ren will not be able to travel. Although not common, this is not rare either - it does happen, and it’s not worth risking your family holiday!

I am always happy to give advice and help you prepare court applications, so drop me a message or email me at [email protected] for assistance

Permission from parents and courts to take a child on holiday abroad and avoid abduction

29/12/2022

What is a C100?

If you are yet to enter the court arena for child arrangements, this is the main form you will hear about. The C100 is used to apply for the following:

*Child Arrangements Order - when you and your ex cannot agree on who the child/ren should live with or how much time they should spend with each parent.

*Specific Issue Order - to deal with a specific dispute, for example a change of school or to apply for PR if you are a dad not named on the birth certificate.

*Prohibited Steps Order - if you need attempt to stop the parent doing something, such as moving a long way from you with the child/ren.

In most instances, you and the other parent will have needed to attempt mediation before the court will accept your C100 application, though there are exceptions (e.g. where there has been domestic violence in the relationship). If mediation doesn't work or is not appropriate, the mediator will provide you with a form - you will need to enter the details from this onto the C100 form.

The C100 can be filled in online here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

The current fee for the application is £232, but it is usually worth applying for help with fees, even if you don't think you will qualify - you may have to pay a reduced fee, or none at all, depending on your circumstances.

If you need help to decide which order/s you need to apply for, or with filling in your C100 application, do get in touch either via my website, phone, or book a consultation now here: https://bookwhen.com/hrfamilylaw

29/12/2022

Hello everyone, and welcome to my new page. Many of you already know me, but for those who don't...Hi, I'm Harri!

I am a paralegal and experienced McKenzie Friend with ten years experience in Family Law and child arrangements. You can check out the linked group if you have questions you need a quick answer to, alternatively do feel free to get in touch to discuss your personal needs and circumstances.