Press Release - A lifeline for families as legal aid cuts bite

Press Release

'A lifeline for families as legal aid cuts bite'

05 October 2012

Legal aid cuts are expected in April 2013, and the Government estimates that legal representation is to be lost in 50,000 cases (of which 45,000 are in the private family law arena). Many families are struggling to find a legal aid solicitor now as professionals exit the industry and firms close.

Since learning this, we developed a range of resources for parents and grandparents who simply cannot afford to privately employ a solicitor. Today we officially launch the first part of our lifeline:

The Family Law Web Based Application: A bit of a mouthful, so we shortened the name to flApp. We wanted a resource which puts a vast quantity of family law information at a parent's or grandparent's fingertips. Over half a million words of content, 8 case law categories, 250 questions answered, case law to view online or download in hard copy, court process guides, key international and national legislation… 60 categories of information. Accessible on PCs, smart phones, tablets and macs. We include minimal graphics to cut internet usage costs, and pages are designed to be viewed on any platform, but especially mobile phones… even better, flApp is free.

Litigation Packs: Process guides helping the litigant through each stage of court proceedings. We have information to help them write a statement, put together a court bundle, attend a first dispute and resolution hearing or mediation  and much more. We talk them through, step by step, and include the forms and documents they need. We charge a minimal fee of £2.50 which goes towards site running costs.

Case Law on Kindle: For the unrepresented parent and lay advisers (McKenzie Friends) we have launched four case law packs which are available on Amazon in a kindle format. These cover shared residence, parental alienation, internal relocation and leave to remove.

“Internal Relocation”: The first of our new guides on specific and more complex areas of private family law... Internal Relocation. Written for parents whose children live in England and Wales, this book explains private family law  related to relocation. Such situations typically arise after parental separation and when the primary  carer seeks to move the child(ren) away from the area of the family home to another part of England or Wales. Their motives may be genuine (such as seeking new employment or moving closer to other family members) or malicious (to place distance between the children and their non-relocating parent).

The guide comes in a kindle format and in three parts. The first gives an analysis of relocation law, the second is a court process guide specific to internal relocation cases, while the third includes the full text of case law related to internal relocation.

Support Forum: Our new support forum is especially tailored for mobile phones and staffed by an experienced team from the third sector who have collectively answered more than 10,000 posts.

Case Law for iPad: Design complete, and cloud based versions are now available. We will be converting them to an app version soon.

All available at www.thecustodyminefield.com

The Custody Minefield is a leading provider of family law information for parents, charities, grandparents, step parents and the wider family. Many who use our site do so from libraries and internet cafes. Our guides are currently viewed some 40,000 times a month.

Take the video tour

Family law at your fingertips

Enquiries: enquiries@thecustodyminefield.com

Website: http://www.thecustodyminefield.com

Youtube: http://www.youtube.com/watch?v=gLGpyHlJF-w&feature=g-upl

Launch image: http://www.thecustodyminefield.com/photos/pressreleasepic.jpg

Our Video Tour

 

Available soon on Amazon... in proof-reading stage. 96,000 words on internal relocation for non-resident parents whose children are at risk of internal relocation within the UK. Chapters headings are set out below. The first section explains important points of law in internal relocation cases and the non-relocating parent's choices. The second section explains and gives a guide to the legal process, including links to templates for forms and court documents. The third section provides the full text of case law.

Rather than other legal guides which are written for paperback, but converted to kindle, this guide is specifically written for kindle making full use of bookmarking and hyperlinks. More kindle guides are coming.

 Internal Relocation and the Law

1.1 Introduction
1.2 The objecting parent's choices
1.3 Family Law concerning Relocation from England and Wales to Scotland and N.Ireland
1.4 Imposition of Restrictions on Residence Orders (limiting where a parent may live)
1.5 Shared Residence Over Distance
1.6 Human Rights and Other Considerations
1.7 Psychological harm to the primary carer if their application is refused
1.8 Evidence and the Distress Argument
1.9 The History of Contact as a Consideration
1.10 Research Regarding Co-Parenting
1.11 Reviews of Relocation Law
1.12 The Welfare Checklist
1.13 Judgments in Internal Relocation Cases

The Legal Process
2.1 Mediation
2.2 Applying for a Prohibitive Steps Order
2.3 Applying for/Acquiring Parental Responsibility
2.4 Applying for Residence
2.5 Applying for a Contact Order or to vary existing arrangements
2.6 Applying for a Seek and Find Order
2.7 Emergency and Abridged Notice Hearings
2.8 Writing a Position Statement
2.9 The First Hearings and Dispute Resolution Appointment
2.10 Tips When Attending Court
2.11 Courts and Judges
2.12 Courts and Confidentiality
2.13 CAFCASS
2.14 Tips for Assessment Interviews
2.15 Writing a Statement
2.16 Writing a Skeleton Argument
2.17 Court Bundles
2.18 Split, Finding of Fact and Final Hearings to finish
2.19 Forms and Templates

Appendix 1 - Summary of/Extracts from Judgments
Appendix 2 - Re E (Residence:Imposition of Conditions) [1997] 2 FLR 638 CA
Appendix 3 - Re S (A Child) [2001] EWCA Civ 847
Appendix 4 - Re H (Children) (Residence Order: Condition) [2001] EWCA Civ 1338
Appendix 5 - Re F (Children) [2003] EWCA Civ 592
Appendix 6 - G (A Child) [2006] EWCA Civ 1507
Appendix 7 - G (Children) FC [2006] UKHL 43
Appendix 8 - Re B (A Child) [2007] EWCA Civ 1055
Appendix 9 - M v H [2008] EWCA 324 (Fam)
Appendix 10 - W (Children) [2009] EWCA Civ 160
Appendix 11 - Re T (A Child) [2009] EWCA Civ 20
Appendix 12 - F (Children) [2010] EWCA Civ 1428

Updated Content - Leave to Remove Case Law

In the July 2011 judgment K (Children) [2011] EWCA Civ 793, there is mention of a case which at that time was unreported, and where leave to remove was refused in the High Court.

"139. Very recently Theis J in C v D [2011] EWHC 335 (Fam) took the same approach as Hedley J in a case in which the children spent 20 days with their mother/10 days with their father during term time and the holidays were split equally."

In C v D, heard in the High Court by Mrs Justice Theis DBE, it is worth noting her judgment based on considerations set out in the Welfare Checklist (section 1(3) of The Children Act 1989) and her finding that relocation was not in the children's best interests, despite accepting that her decision would be devastating to the mother who wished to emigrate with the children.

"65. Having carefully considered all the evidence and the welfare checklist I have come to the clear conclusion that the welfare of each of these children is met by the mother's application being refused. I recognise that this will be devastating for the mother but I have come to this conclusion primarily based on the evidence that the children are thriving under the regime the parents have devised in this jurisdiction and the adverse impact on their time and relationship with their father if they did move to south USA. For the reasons set out above I do not believe it can be effectively replicated if the children move to south USA and that any different regime will not meet the children's needs. With the welfare of these children as the lodestar by which I am guided I am satisfied that the move to south USA would not meet the welfare needs of these children, however disappointing that decision will be for the mother."

The case C v D is now added to our Case Law for Kindle - Leave to Remove Case Law Reference Book which includes the following cases:

K (Children) [2011] EWCA Civ 793
Re Y (Leave to Remove from Jurisdiction) [2004] FLR 330
Payne v Payne [2001] EWCA Civ 166
AR (A Child: Relocation) [2010] EWHC 1346 (Fam)
C v D [2011] EWHC 335 (Fam)
W (Children) [2009] EWCA Civ 160
Re F (Children) [2003] EWCA Civ 592

The Kindle reference book now includes URL addresses and hyperlinks so that the case law can be downloaded to a PC in PDF format, and printed.

Case Law for Kindle - Internal Relocation

NEW - Kindle Formatted Content - FREE - for McKenzie Friends and Litigants-in-Person
Now you can read judgments and other reference material on your kindle, ipad, iphone or tablet reader, using free kindle software and with content reformatted by The Custody Minefield.

You'll need to download Amazon's free Kindle software from here to be able to open and read our Kindle format reference guides.

Click on the image to download kindle format book, then copy it over to your preferred reading hardware and carry it with you to court, read it on the bus, in bed, or even on the loo!

Including the FULL TEXT of Leading Judgments related to Internal Relocation - 68,000 words reformatted - FREE
Re E (Residence: Imposition of Conditions) [1997] 2 FLR 638 CA,
Re S (A Child) [2001] EWCA Civ 847,
Re H (Children) (Residence Order: Condition) [2001] EWCA Civ 1338
Re F (Children) [2003] EWCA Civ 592
G (A Child) [2006] EWCA Civ 1507
G (Children) FC [2006] UKHL 43
Re B (A Child) [2007] EWCA Civ 1055
M v H [2008] EWCA 324 (Fam)
W (Children) [2009] EWCA Civ 160
Re T (A Child) [2009] EWCA Civ 20
F (Children) [2010] EWCA Civ 1428

Why Kindle... and new content added and coming!

Tonight we've added a further piece of case law to our Leave to Remove Case Law for Kindle.

F (Children) [2003] EWCA Civ 592 confirmed that shared residence orders may be made, even when the parents' homes are separated by some considerable distance.

A question I've been asked is "why Kindle?"

We have also published a smartphone guide recently on Dyslexia and the Family Courts, and we want to make our own content more accessible in the coming months.

Kindle has a number of advantages. Firstly, if you have bought one of those slim, lightweight e-book readers, you will know that there is the option of 'text to speech' (when you can enjoy a slightly robotic voice reading to you). The screens are matt, solving the 'glare' problem that comes from pc screens and standard printed paper, which can pose a problem for people with dyslexia. The font is standardised and simple. We are cutting underlining and italics to a minimum, mindful that again, such things can make text harder to digest for someone with dyslexia.

Due to the simple formatting on kindle books, file sizes are kept to a minimum. This makes the format ideal for downloading and then storing large quantities of information. For McKenzie Friends and Litigants-in-Person heading into court, we want to provide information at your fingertips. Barristers are starting to take IPads into court. Not all of us can afford an IPad, but kindle books can also be read on smart phones, other tablet readers, pcs, macs, and of course, kindle readers, making the format accessible on a wide range of hardware.

Kindle content requires kindle software to be downloaded, but the ebook viewing software is free. With Amazon backing it, kindle books are already outselling paperbacks.

Visit The Custody Minefield to download the first of our kindle reference titles. You'll also find 38 free, simple html guides that can be viewed quickly on a smart phone.

Our goal for providing information for the coming year will be increasing accessibility (both in terms of format, and mindful of problems faced by parents and grandparents with specific learning difficulties or who are visually impaired). More content, and new guides will of course be coming, as well as the new formats for the existing guides and reference material.

Practice Guidance: McKenzie Friends - formatted for Kindle

Following a discussion with a friend who is also a McKenzie Friend, we have published the court's Practice Guidance on McKenzie Friends in kindle format.

My friend had gone to court to support a litigant-in-person where the other party was represented by both a solicitor and barrister. The barrister objected to the presence of a McKenzie Friend (so much for the belief in an equality of arms!). The judge thankfully refused the barrister's request, but the McKenzie Friend mentioned that in future, he would always intend to have a copy of the Practice Guidance with him.

My friend noticed that the barrister had a IPad. He asked me if I'd format the Practice Guidance so he could have it permanently stored on his kindle.

To download the Practice Guidance, simply click on the picture. You can then copy it to your kindle, or to a smart phone or tablet device.

You'll need to download Amazon's free kindle software here to be able to open and read our Kindle format reference guides. More resources will be added to further assist McKenzie Friends and Litigants-in-Person.