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DadInfo has, during the time that I've needed it, been a great source of information and comfort. I've often found solace in knowing that I'm not the only person going through this and whilst I've not always got the answers I wanted to hear, there are few other resources for fathers to be able to communicate and understand what's happening.
Legal aid has pretty much all but ended apart from the rare few who manage to get it. Legal advice is almost impossible to obtain - if you can't afford a solicitor, the best you can hope for is a 30 minute session with a solicitor, who ultimately are really offering the service in order for you to recruit them and pay them a lot of money. When court hearings are months in between and the whole process can take years, 30 minutes is as good as useless.
I was wondering if between us, we could compile some kind of post that would give more help in the realms of where dads stand legally and what to expect from the court process from start to finish. A booklet or an online guide (rather than a single post) would be even better. Some things I think should be included are...
1) What fathers should do when they are initially separated - covering things from how they can apply for legal aid if necessary, whether or not to record events and to what extent those recordings should be done (false allegations are a reality and understanding how to deal with animosity from a once loving partner), fathers facing homelessness or what their legal rights are with regard to finding alternative accomodation (charities that can help, councils, renting, etc).
2) How to start the court process with mediation and an explanation of what to expect overall - how long cases are likely to take, the costs involved, an explanation of who cafcass are and what they do. Again, whether recording cafcass or social services is an option. What to expect from solicitors and a guide to understanding how to approach them, what questions to ask, how to avoid huge expenses and cope with some things yourself, etc.
3) Understanding the court process itself, what your legal rights are both in terms of parental responsibility and overall with the courts. What to expect from the courts and what their obligations are - for example in providing court orders, dealing with queries, how to present yourself in court and what to expect from solicitors and barristers on either side and what to expect from judges. Whether you have a right to question cafcass' decisions and how you should go about ensuring that you have the ability to do so. The same with questioning your ex partner and any witnesses that are present. When can witnesses give evidence, etc.
4) What to expect from cafcass throughout the whole process - interviews, section 7 reports, guardians, section 37's etc. Organisations that can help, such as PSU, families need fathers, childlawadvice, family rights group, etc.
5) Understanding position statements and forms - which ones are relevant to certain stages of the court procedure, appeal processes, amendments to existing orders, applications to submit evidence, etc. Understanding if you can submit evidence at a later date and what your rights are to have that evidence admitted in court.
6) The pros and cons of self representing or vice versa.
These are in no particular order and I'm just thinking off the top of my head here - other ideas would be welcome from other members. I appreciate that it's an overwhelming task to try and accomplish but it would be a great resource for fathers to have at hand. Often stress and depression can result in dads not seeking answers or not even thinking of the right questions to ask.
I also think it would be helpful if we could approach this realistically with a view to understanding how the system is biased in favour of mothers - the lack of action taken against them when they make allegations, or fail to adhere to court orders. We all know it's happening and whilst I appreciate that DadInfo would not like to be seen as radical in any way, being realistic is the only way that we can truly help dads to be a part of their children's lives. Perhaps anonymous points of view from fathers who have been through the mill could be included. But also fathers who have received favourable outcomes and how they got there would be good. We all like to hear about the rare successes too.
It would also be great if we could receive help from solicitors or barristers who know the processes and could offer assistance.
Thoughts anyone.
The problem is that there are no constants, no formula as such. Everyone's case is different. Different children, ex, judge, cafcass etc etc.
I see what you want to do and I've wanted to do a video series myself for a very long time - the problem is making it generic enough to be useful to all and of course not misleading!
I'm sure it could be approached - where there are constants, explaining basic principles would be good enough. Where there are variables, this could be explained.
There is enough constant within the process to be outlined - it would be of great help to many people who would prefer a single guide to helping them rather than having to ask questions each time.
Does anyone else have any ideas for things to be included?
Something else that occurred to me was fathers rights to have bundles and scott schedules.
The rights regarding bundles are explained in PD27a
That's something that could be included. In my own case I had never received a bundle or even knew that I could. The same with a scott schedule.
That's why reading the Practice Directions is important.....yes you're right, perhaps something for your guide.
Do you mean the practice directions regarding bundles (27a)?
There's a sticky about PD27a in the legal eagle section. In fact there are two pages of stickys about most of the things you mention... I appreciate what your saying, but most people that come here for a reason want to interact with others and ask questions, regardless of whether there are answers to their questions already posted, it's the nature of a forum.
Most father's have no legal training and many are dealing with overwhelming emotions and stress - reading the sticky about PD27a is to say the least a little confusing and to most dads would seem to be an essay in legalese and mumbo jumbo.
If there was a guide, in plain english - explaining what a bundle is, whether you have rights to receive one or discuss what the content of one is, things would be a lot simpler for them.
I think you're right about the reasons we come to the forum - it's comforting knowing there are other people going through the same problems and that there are people that can answer your questions. It's why I come here as well.
But to be honest I hardly ever look at the stickys. They're often hard to find, hard to understand, or veer off on subjects that don't apply - when you're stressed and dealing with mountains of paperwork and trying to find answers, reading through several stickys becomes overwhelming. Often I'm so stressed that I don't even ask the questions on the forum. I also refrain from seeking answers because I'd prefer my personal life isn't scrutinised by other people, even though I know they're there to help or because I'm wondering if my ex partner is reading them or many other reasons. I'm sure its the same for other dads too.
I'm suggesting this because I think a comprehensive guide, structured in a logical format, written in layman's terms and simple english, would be something that parents can refer to throughout the process but more importantly to give them a better understanding of what to expect in the future when the whole thing starts. I've hit many situations throughout the court process where I've suddenly discovered something that I had no idea about. It would be an alternative way of helping people and I hope a great resource for the increasing number of people who are representing themselves. It could be downloaded by people in pdf format, have an index and links to jump to relevant sections.
I used this for a basic grasp of things http://www.nofamilylawyer.co.uk/
And then the Legal Eagle Forum here for specifics and questions. Everything worked well for me when I listened to the advice from this place!
No worries MoJo, I'm very grateful.
With your help and also that of a friend who is a MKF, I achieved close to 50-50.
I now act as a MKF myself - in fact just won a case last week where a guy who hadn't seen his children unsupervised since Jan now has 50-50. I can't explain the sense of achievement and satisfaction.
Of course there are cases where I see fathers being given indirect or no contact - that too is a special kind of feeling - in a bad way π
You know family law - ups / downs and injustices splattered with the success stories.
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