[Solved] Court looms....

Hi there

Lots of guys get a great deal form the SPIP course. I very much doubt you will attend together....it wouldn't be a good idea!

The relentless texting must be getting you down, you should bring it up with the court, you could report her to the police for harassment!

I wouldn't take any notice of what she is telling you...three different solicitors telling her this, why has she gone to three different solicitors? If you ask me the only reason would be if she didn't like what each one was telling her! Take it with a pinch of salt. I think the fact that she texts you so much gives you good grounds to refuse her supervising the contact. I would bring this up with the CAFCASS officer and suggest that your mother supervises, if the court wants it to be supervised at all.

As far as you partner is concerned, if there are no safeguarding issues then you should be ok. Again bring it up yourself and suggest they do a background check just to put it to rest.

The first hearing is more like a meeting, they may get you to try and agree something, they may order you both to attend mediation. If CAFCASS haven't been involved then reports may be ordered.

Thank you for that...

I've had a call from my McKenzie friend this morning. ( Coincidental ) and posed the exact questions to her as well.

Her answers were the same.

Apparently she's been completely miss advised if she "thinks" that I'd get supervised access and well, deluded if on the off chance that it must be supervised then she supervises. She would also need to she as to why I need to be supervised with my son..

My partner is fine with safeguarding and it may well be the case that she would need to undertake a new CRB ( which has just changed) but that again is no bother, she already has one that's within date anyway and I'll take that with me should the court request a new one ( I can produce it then ).

My McKenzie friend will be bringing up these points to ensure that mt ex is clear what the law expects from her.

Does you MF have rights of audience?

Hi NYJ,

Yes, when I met with my MF last, I had asked her to ensure that this was the case. She said that she would deal with that as she knew the court circuit very well in the area in which my case is being heard.

Just a bit nervous, I don't really fancy having to face my ex with her entourage of family members in the waiting area as i feel that they would use a show of numbers for intimidation. That is actually a worry and on that basis I not sure ill get everything i water across to the judge(s).

My MF is located at http://afamilymatters.co.uk so she is bonafide.

...it's not a matter of knowing the circuit well. It is your responsibility to write to the court to ask for permission to be accompanied by an MF, you would supply their CV and at the same time request rights of audience and give reasons why...this is procedure. Your MF is not acting for you and is not permitted to write letters etc.

I would most definitely clarify this with her.

MFs are an unregulated body, there are good and bad, having a website is no guarantee and doesn't make her bonafide. Have you asked for references and testimonials from past clients?

I'm not saying she is one of the bad ones, there's no way of knowing unless you have had recommendations from others that have had experience of the service she gives. Just be very careful.

From my research it seems that rights of audience being granted to lay persons is not very common.

Like NJ says, you should clarify with the court before the hearing - well in advance - if they will permit your Mckenzie to speak on your behalf in court. The court would want to see a CV for this mckenzie. At the end of the day the court will want to be assured that this Mckenzie will benefit the proceedings.

I know of one particular Mk who has provided me advice along the way - I have seen his CV and he has been permitted rights of audience and been mentioned specifically in the courts judgements as being helpful - so with the righ experience, rights of audience can be granted.

Last thing you want to do is turn up on the day and find that you are denied your request. Because then you will find your prep is destroyed, and you will have to speak for yourself - which could be difficult if you had prepared along the lines of your Mckenzie doing your speaking.

In short, write to the court - ask for rights of audience to be granted to your Mckenzie, and enclose a copy of their CV.

Good Luck.

Hi NYJ,

Yes, she came recommended by FNF and has also attended some meetings and through this I have personally met some past and present clients whom are all very pleased with her work. She has also given her C.V which is very comprehensive and amongst other things (children related) shows lots of work relating to the safety of children via social services (she worked for them) and was also a police officer dealing with child protection and family maters.

Just before you had replied, I called the court for the procedure and they too have said that I must write to them which will be done today.

...that's good. Best of luck.

Many thanks all,

I have just emailed the court (as per their request) making the request that my MF can:-

1) Attend the hearing
2) Speak (when needed) on my behalf.

I am very nervous of going to court and really do not want to mess this up for my son. I want to make and do everything right for him to ensure the outcome is the best for him.

...do let us know if they allow the right of audience...it's not easy to get permission for that!

I do think your MF should have informed you that you would have to write and ask permission, perhaps you should talk to her about it.