Frequently asked questions
Child arrangements and the family court.
What can A Father’s Friend do?
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A Father’s Friend can help you get your papers together and in the right order for hearings, help with documents you need to prepare by discussing what you want to say in those documents or help you with finding where you have to send documents.
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This means that during a hearing if A Father’s Friend thinks that you have forgotten to mention something important and that you are struggling to understand what the judge is asking of you, we can help you by quietly explaining or pointing out things to you during the hearing.
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Normally, papers in children's proceedings are confidential and are only allowed to be shown to other people who are not involved in the case in limited circumstances. You can show the papers to A Father’s Friend to discuss them.
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A Father’s Friend cannot be excluded from a hearing without good reason And Is Able To Provide Moral Support.
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This is very helpful because you may find it difficult to do this while speaking to the judge. It may also be helpful if you are struggling to remember what happened at court.
What can A Fathers’s Friend not do?
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This means that you should not use A Father’s Friend’s address for letters or emails. It is important that A Father’s Friend is not performing the role of a solicitor.
You are unrepresented and are responsible for managing your own case and making decisions about how you want to do that.
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As above, it is important that you are in charge of your own case. Helping with case papers, including helping with drafting papers is allowed, but documents must always be signed by you, never the A Father’s Friend.
If A Father’s Friend is helping with drafting documents, it is important to make sure that you are in charge of what is written and it is written in your words even though you may discuss this with A Father’s Friend and ask for help with the kind of information that is required.
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This is called litigation and A Father’s Friend would have to be given rights of audience by the court to speak directly to the judge.
FAQ’s
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Perhaps you are in a dispute over welfare issues or how much time your child should spend with each parent.
Problems involving an ex-partner or gaining access to your children finding the answers to these situations and what your legal rights are can be tricky. To help you understand what your rights are;
A Father’s Friend will need to discuss the issues first, I suggest you send a brief email and outline the problems, or you can contact us directly.
We then can advise you on the various applications that can be made through the family law courts, and help you with the procedure and assist you in court.
A Father’s Friend may also provide the following support:
• Provide legal guidance
• Help litigants in person in public and private law matters in court
• Trained and experienced in the preparation of family court documents
• In unusual cases, right of audience where it has been granted
• Support with testing evidence, your questions, final hearings and finding of fact
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No. Mediation and court services are separate to A Father’s Friend and you will need to cover the cost of any applications to these. I can provide full guidance in regard to using these services.
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A Father’s Friend will be able to assist you whether you simply require some initial information to discuss your concerns and how they might be best addressed, or where the urgent intervention of the court may be required.
Help is available with individual pieces of guidance on how to take a certain step in proceedings without the risk of missing something important, this will help you manage the overall process which in turn reduces the cost significantly compared to other services
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You must consider mediation in the form of a MIAM appointment in most cases before going to court.
Mediation is not suitable in all cases, and the best option will depend on individual circumstances. We should also remember that for some couples court is the right option, including when there is domestic abuse, intimidation or an imbalance of financial power
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A Father’s Friend will give you honest views on how to approach matters to save you time.
You can benefit from my experience and extensive resources to ensure you give yourself the best chance to get the outcome you deserve.
Are you thinking of going to court soon?
Do you need someone with you in court who is experienced in family law?
Or do you need pre-court support with your case?
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No. If the child is safe, then the police have no powers to remove a child from someone with parental responsibility.
If a child arrangement order is in place but not being adhered to, you will need to take this matter back to court and ask the court to enforce it. Such matters fall under family law and is not enforceable by the police.
If a parenting plan is agreed in mediation, most important in that agreement is that both parties will trust the other to keep to what has been agreed. If one parent decides not to adhere to an agreed plan, it is highly likely the plan will then fail as the second parent is – at some future point – likely to play tit-for-tat. You could return to mediation or then make an application to court for a child arrangement order.
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Only if you cannot agree outside of court. Courts would rather you reached agreements on child custody in mediation with the other parent.
Sadly, this is not always possible and sometimes a parent feels their only way forward is to make a court application.
If you are sent a court date, you should go to court on the date of the hearing.
If you do not, an order can be made in your absence and if you then breach that order, you could, ultimately, go to jail. Not turning up to court without good reason, will not go down well with the judge.
It shows that you do not have respect for the authority of the court and the judge could believe that you simply don’t care enough about the children in order to put your views across.
The matter is unlikely to simply go away and a ‘head in the sand’ approach will likely lead to an order being made in your absence, that is legally binding and that you don’t agree with. It is a far more difficult process to overturn an existing court order.
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The guidance suggests that the following should NOT be used as reasons to refuse support from a layperson in court:
• The case is simple, or the hearing is straightforward;
• If you do not appear to need assistance.
• If you have chosen not to have legal representation.
• The other party is not represented.
• The proposed layperson support belongs to an organisation that promotes a particular cause.
• The proceedings are confidential, and the court papers contain sensitive information relating to a family’s affairs.
None of these are good enough reasons to refuse A Father’s Friend.
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Speaking to the judge directly about the case or questioning witnesses is speaking or acting on your behalf. I must have “rights of audience” to be able to do this.
A Father’s Friend can be granted rights of audience by the court, but the court must have a good reason to do so.
Examples of when this might happen are:
Health problems prevent you from speaking to the court and you cannot afford a legal representative.
You may not feel comfortable speaking in front of the judge and prompting by A Father’s Friend may unnecessarily prolong the hearing.
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Because family court hearings are meant to be less formal than other court hearings, the judge may sometimes be tempted to ask A Father’s Friend a question directly.
If it is a simple question which is within our knowledge, for example, clarifying something about the services A Father’s Friend provides, then we will answer the question in a straightforward manner
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Below is a list of questions you can consider to decide if it is worth paying A Father’s Friend:
What is their motivation for doing the work? Have a look at their website.
What is their experience and what has led them to work as an ‘A Fathers Friend’?
How much are they charging for their services and are the costs clear?
Have they been clear about exactly what is included in the fee they are charging?
Have they explained what is not included in the fee?
*Why am I signing an agreement?*
It is best practice in our industry that all work undertaken is covered by an up-to-date and relevant engagement letter - A Father’s Friend always endeavours to operate at the highest standard of doing business. This letter ensures we both have a common understanding of what is required to be delivered, for what charge and also lists our general terms of doing business and also anything specific to the services you have requested.
*Is the payment system safe?*
Yes, our proposal provides a secure, automated direct payment system which will automatically collect all one-time and monthly payments. Your payment information is encrypted, meaning we can't see your details or share them with anyone else.
Do they have Professional Indemnity Insurance? Ask for the information of the insurer if required.
Are They Following Any Practice Guidance - And Have they put this information in writing to you in case anything goes wrong?