Do I have to pay court fees?

 Not necessarily if  you are claiming benefits or on a low income. You may be able to get all or part of your court fees paid (remission)  The form you need to complete is can be a little confusing though. So I thought I could give the benefit of my experience of completing it a number of times under different circumstances. This cannot cover every scenario so if what I say does not apply to you and you are confused please contact me or try to get help from elsewhere such as Citizen's Advice Bureau. 

The basics:
It is easier if possible to complete the form on a computer, if not it must be filled in with black ink and in CAPITAL letters.

If you are receiving benefits you must have an original letter of proof no older than one month old. The DWP will provide this, but  at time of writing local offices are not supposed to do so now so you may have to phone a regional office and wait for it to come through the post. However if you ask very nicely and explain that it is for court in practice local offices will sometimes provide the letter .  If you are wishing to appeal , you only have 21 days to do so, it is very important to get this letter as soon as you can.

If you are part of a couple you must enter both peoples income, unless you have a contrary interest, e.g you are divorcing 


Examples 

Peter has a long term health problem and is in receipt of ESA. He lives in a rented property, has a car and has no savings. Peter needs his car so that does not count as disposable capital and he checks that his ESA is income related. He obtains a letter from the DWP, emphasising to them that it must state that his ESA is income related and is entitled to a full fee remission.

Luke has split up with his wife , she is still living in the marital home which is mortgaged, with their children. He has no other capital.He pays child maintenance and is in a part time job, and claims Working Tax Credit his gross( before tax and other deductions) is £985 per month. Luke will have to provide  proof of child maintenance payments, his last months pay slip, his last three months of bank statements and a letter dated within the last month confirming his tax credit. As his wife is still living in the marital home,there is a contrary interest the value of the home does not count as disposable capital. He also will be entitled to full fee remission.

Sally is single and owns her own home with no mortgage she earns a gross monthly income of £1600 .  She receives no other income.That takes her above the full remission threshold for a single person of £1085 per month. However if she used Fee remissions contribution calculator she may get a partial fee remission as she is below the upper income limit of £5,085 per month.

Court fees are expensive it is well worth the time to fill in the form.If you are applying to court in an emergency you may receive a fee remission without initially provided evidence of income.

Depression

I love this video and the book. It explains depression so simply and yet effectively. Both domestic violence and family breakdown can result in depression. You are likely to get sleep problems as well  If you recognise any of the symptoms in the video please get help. If you had a physical health problem you would.

Children especially those in the care system can also suffer from depression.

Growing up with alcoholism

Can your children bring friends home? Or could you not?

Did you feel alone in a crowd. Is a parent's drinking putting a strain on the family budget. How afraid do you feel when something kicks off ? Are you attracted to dysfunctional relationships? Is your home life chaotic?

In the UK it is estimated that 8% of males and 5% of females are alcoholics. It is therefore a widespread problem, most people will know an alcoholic but alcoholism causes stigma for a family and isolation.

12 step programmes can help both an alcoholic and friends and families affected by another person's addiction. Alcoholism is commonly seen as a disease , the alcoholic does not want to drink as they do. There is no condemnation within the 12 step programmes just people want to share what worked for them.

The programmes can change the generational  "curse" of addiction.

This podcast explains about the history of AA

Below is a You Tube Video created by AL Anon

Miscarriage of Justice?

Have you been disgusted by you or your families treatment in family court?

I would like to hear your story. Have you been lied about? Have false statements been used? Court orders ignored by the other parties. Has it caused you anxiety or Post traumatic stress disorder

All of the above or something else?

Or did you have a positive experience.

I would like to publish a few stories to reflect what happens sometimes in the family courts. Please contact me if you can help 

Litigant in Person

 New statistics just released confirm the number of litigants in person are up in private law family cases.

The number of private law disposals where both parties were represented fell by 42% in October to December 2014 compared to the same quarter the previous year. This continues the trend since Q2 2013. 

The full report is here

http://bit.ly/1Nub6Dg

So what some will say, there are many mutterings and somewhat louder comments on various family law forums about rip off legal aid lawyers. You will be surprised to hear that I am not a mutterer myself  as I commented before when I had legal representation in my own family case I had an appalling solicitor and a fantastic one. A Mckenzie fulfils a different role , I assist you to run your own case, provide much needed moral support and keep you focused. You are much more in control and I am more accessible and quicker to respond than the average solicitor.  I would say that I fulfil a similar role to a birth partner, I will calm you down, I will listen even when you are upset and tell you when to push your point!  

Of course you can run your own case but there are a number of reasons not to:

1. It is difficult to logical when you are so emotionally involved

2. With the closing of the courts public counters , it is even more difficult to file an application/bundle etc

3. Court is formal, even lawyers get nervous  at times, you are very likely too and will miss important points

4.Dare I say solicitors can be difficult to deal with, they are not always the best at communication. Though you would have to communicate a mckenzie can prompt and advise.

5. Court forms and the Ministry of Justice website can be baffling to say the least.
6. In the long run it could actually cost you more , litigation that goes on for years is draining, financially, emotionally and eats away at time.By investing in a little help at the start ,it is likely to shorten the time spent in court.It's just really like changing the oil in your car rather than then shelling out on a major service in the future.

If you do decide to represent yourself I would urge you to at least take a friend along for moral support. Some courts have Personal Support Units , who will not  legally advise but offer practical support.

www.thepsu.org

Humberside Police  inconsistent approach to domestic violence

 

A recent HMIC report criticises Humberside Police

Here is an extract from the report:

HMIC has made an initial consideration of the action plan submitted by Humberside Police.

We found the action plan details activity that is in line with the agreed national priorities

outlined above. However, there is no clear evidence to highlight how the force has met the vast majority of the requirements.

 The force has provided information around ongoing activity to demonstrate a foward-looking approach and intention, but not included clear evidence of what they have been doing since the

HMIC inspection and report publication in March 2014. 

 There is also no clear reference to the HMIC force recommendations within this submitted plan.

The crime inspection provided us with our first opportunity to test whether changes in the force's approach to domestic abuse were beggining to have a positive effect.

HMIC found that, although domestic abuse was a priority for the force, there was a fragmented and inconsistent approach across the force with victims not always recieving the level of support they needed.

There was a concern about standard and medium risk cases and although there were examples of good partnership work this again varied across the force.

We found evidence in Humberside that activity related to domestic abuse remains inconsistent across the force.

 Although the force was piloting a Repeat Victim Group,identifying vulnerability issues, building links with MARAC and offering tactical resources for higher risk cases, this was limited to one policing area. 

This is my local police force and this report holds no surprises. I completely agree with the inconsistent approach the Inspector found .  In fact I would go further than that from local   knowledge .In my opinion Humberside Police and I am sure it's not just them need to pull their socks up.

As I outlined in a previous post there are long term costs of domestic violence in terms of mental health, there is also a knock on effect on children , housing and physical health. If anyone is happy to share a personal story anonymously please contact me. Or if you require help with using the police complaints procedure I am also willing to assist you.

Link to HMIC report here http://bit.ly/19aucku

Child Arrangement Orders

Applications for child arrangements orders are usually between private individuals, under s8 Children Act 1989. They are known as private law orders. Where someone seeks an order in respect of a child who is in the care of the local authority it will be considered a public law matter.

In private law cases the child is not a party to the proceedings unless there are particular circumstances that make the case complex. The court can however request a welfare report under s7 Children Act 1989, either from the local authority or from a Children and Family Reporter who is an officer appointed by Cafcass. The report will usually inform the court of the child's wishes and feelings, but the officer will make a recommendation based on what they think is in the child's best interests rather than just report on the child's wishes.

In some circumstances the court may order that the child is made a party to the proceedings.If it considers it is the best interests of the child to do so Then a  Children's Guardian (who again is an officer of Cafcass) is appointed to represent the child in the proceedings and the Guardian will appoint a solicitor. If the child and Guardian do not agree on what recommendations to make to the court and the child is of sufficient age and understanding, they will be able to instruct a solicitor directly to represent their views and the Guardian will present their own views to the court. 

Some people are entitled to apply for child arrangements 

orders; others need the court’s permission first. If you are the 

child’s mother or father you are entitled to apply. You can also 

apply if you are a step parent and you have treated the child 

as your child. A step parent is someone who is married to or

 the civil partner of a parent who has parental responsibility for

 the child. Other people, such as grandparents, will generally 

need the court’s permission to apply for a court order unless

 the child has already lived with them for at least 3 years.

A court which is considering making, varying or discharging a Child Arrangements Orders, including making any directions or conditions which may be attached to such an order, must have regard to the paramountcy principle, the ‘no order’ principle and the welfare check list.