PPRuNe Forums - View Single Post - Flexible roster causing child contact issues
Old 27th Mar 2018, 14:20
  #6 (permalink)  
anchorhold
 
Join Date: Nov 2017
Location: Amblesidel
Posts: 166
Likes: 0
Received 0 Likes on 0 Posts
JBFLY....... I'm sorry to hear of your problems, I have heard all of this before. Much of the above is good advice, the only thing I will say Mikehotel152 might not be completely up to date, with appologies.

He is still correct that if it is deemed to be in the best interests of the children you will get contact to work around your work. One of the things North American pilots will tell you that English Family Law is about twenty years behind the USA and Canada.

But things are changing as follows:

(a) Parental Alienation has now being recognised by the CEO of CAFCASS after twenty years, so the court will now start to punishing mothers and fathers who hold the residence order, if they will not facilitate. They can also make the parent do community service now as it is abuse. https://www.telegraph.co.uk/news/201...rtners-guilty/

(b) Residence orders no longer exist, the court now issue Child Arrangement Orders.
https://www.gov.uk/looking-after-chi...of-court-order

(c) Courts now require an attempt at mediation before the case can go forward. From my experience family lawyers are probably the last people who should be mediation.

(d) Courts now encourage parents to draw up a Parenting Plan which will form part of a Child Arrangement Order.

(e) If you already have a court order, if the other side agrees, you can ask for a variation of the order, and a child arrangement order based on the Parenting Plan.

(f) CAFCASS have a booklet on Parenting Plans, but it is crap. Google Justice Canada Parent Plan, they have a great template. This includes things like 'the father will spend days that are special to him on birthdays, fathers day, etc. Again if you can not agree who the children will spend Chistmas with, then you would have to say you will alternate Christmas' with your children. The mother will probably not agree to this point. http://www.justice.gc.ca/eng/fl-df/parent/plan.html

(g) Consider attending your local Families Need Fathers meeting, they are about once a month and you will meeting fathers, mothers and granparents who are having issues with contact. The next meeting is on 5th April 2018. http://www.liverpool.fnf.org.uk/

(h) Going back to points a and d, if you can agree, attend court both in person, infact the worse thing is when one person is respresent and the other isn't. In fact recently a couple of very senior judges have suggested that an inquisatorial hearings would make life alot easier. By that the judge asks questions of you both, you can make requestions or suggestions through the judge, but he can not advise.

(i) If you take this matter back on the basis of a parenting plan and Child Arrangement Order, as it has previously been in court, I have a feeling there is no further fees, just make reference to the previous hearing. Again if you sort this via a Child Arrangement Order, it usually fairly informal in the judges chambers sitting around a conference table. You should be able to take a friend with you they are good for note taking.

(j) If there is a breach of the order, as the courts are very slow, you can apply for a without notice order (injunction), if you ask for the hearing lets say at 1000 on a Monday morning, serve the papers at the latest moment on the previous Friday before the hearing, so at or before 10.00. This way you ex probably will not find a solicitor in time.

(k) On the subject of solicitors fees, if you ex is on a low income, then she will not get legal.

(l) Court clerks at you family court tend to be helpful.


I wish you all the best, I will post some links, if you have any further questions post them here of PM me.

The above applies to England and Wales only.

Last edited by anchorhold; 27th Mar 2018 at 14:40.
anchorhold is offline