In Courts

Do read CB7, Guide for separated parents: children and the family courts, this gives an outline of the court process, do also look at CB6 that is referenced there.

How to Address Judges Both in Writing & in Person

Court Costs have their own page.

Cross-Examination


 * A list of Terms used in Court


 * How to organise an Emergency Hearing


 * LIP Study, DCA (2005)

The courts and your actions are governed by the Family Procedure Rules, these are a statutory instrument The Family Proceedings Rules 1991. You may also want to read the Civil Procedure Rules which may cover questions not dealed with more specifically in the FPR. See also the Family Division Practice Directions


 * McKenzie Friends are non legal people who can help you in court


 * Enforcement of orders is difficult since judges are often unwilling to apply a harsh penalty on the resident parent. On 8th December 2008 new powers came in as part of the Children and Adoption Act 2006.


 * Openness in family courts What you are allowed to say about court proceedings, what the press can say, ...


 * practice_direction_court_bundles.pdf 27th July 2006 -- how to prepare bundles


 * Writing statements for court


 * What the Family Courts expect from Parents This is a good 1 page document. Read it, give a copy to the other parent, put a copy in the bundle.

Paying for legal representation (solicitors and barristers) can be expensive, you may qualify for Legal Aid

Recording of conversaions
It is a good idea to make a note of converations that you have with people, or of important events (eg pick up of children for contact) ie write them down in your diary. It can be useful to have a tape/... recorder to help you with this. If you produce your diary in court, it is open to challenge, ie someone else claiming that what is written is not what was said. A judge will make his mind up on the truth - maybe in line with his prejudices.

A common question is: can mechanical recordings be used in court ? Ie to backup a diary entry.

Strictly speaking: everyone important in the recording needs to have known that the recording was happening. So you saying at the start of an incident I am recording this would be enough. However: be aware that makeing such an announcement can increase the heat of the moment since it shows a certain amount of distrust; conversely it can also calm things as all those involved try to be on their best behaviour as they don't want a recording used against them.

If your diary is disputed you may produce a CD/... and say that the conversation was recorded without the other party knowing. The judge may say that this CD is inadmissible or may take the pragmatic view that it can settle an issue between the parties. Only ever do this as a last resort, you are unlikely to get away with it very often.

One reference that shows that the rules are not hard and fast: http://www.acitylawfirm.co.uk/recorded-conversations

Beware searching the Internet for answers, many opinions offered are of people outside England.