HOW CAN YOUR BARRISTER HELP YOU AS A LITIGANT IN PERSON

AREAS OF WORK – LEGAL ADVICE AND REPRESENTATION

Important Note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.

DRAFTING COURT DOCUMENTS & LEGAL ADVICE

If you require legal advice on court orders, the law, evidence and drafting documents to support your case, your barrister can provide legal advice and draft the document for you under your instructions. 

Your barrister can provide a fixed fee for any specific piece of work you want to be done.

Legal advice on drafting documents in support of your case:

• Position statements
• Witness statements
• Law
• Scott Schedules (allegations of harm & Response)
• Joint Expert Reports (including letters of instructions to expert and response to expert report)
• Cafcass/Children Service reports
• Medical reports including GP reports
• Police reports,
• Psychiatric and Psychologist reports
• Any other draft documents in the proceedings.

FAMILY LAW ORDERS

LEGAL ADVICE ON CASE PREPARATION AND REPRESENTATION AT COURT.

Child Arrangement Order

A Child Arrangements Order decides the arrangements with whom a child is to live with and spend time with or otherwise have contact with and when a child is to live, spend time or otherwise have contact with any person.

Child Arrangement Order (Consent Order)

If an agreement can be reached regarding the arrangements with whom a child is to live with and spend time with then a Consent Order can be applied for.

Consent Orders provide a mechanism to make an informal agreement legally binding and therefore enforceable through the Family Court.

Specific Issue Order

An order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

Prohibited Steps Order

An order that can be granted by the court to stop one parent from exercising their parental responsibility in a way that is not in the child’s best interests.

Vary or Discharge a Child Arrangements Order, Specific Issue Order or Prohibited Steps Order

An application can be made to vary or discharge any section 8 order.

Enforcement of Child Arrangements Order

An application for an Enforcement Order can be sought due to the breakdown of a Child Arrangements Order.

The court can only make an Enforcement Order if it is satisfied beyond reasonable doubt that a person has failed to keep to the Child Arrangements Order. The court cannot make an Enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order.

Breach of a subsequent enforcement order

An application to revoke, amend, extend or take action following the breach of an existing Enforcement Order.

Attach a warning notice to a Contact Order

If a Contact Order has been granted prior to 8th December 2008, the person with whom the child is to have contact with under the order may need to apply for a Warning Notice to be attached to the Contact Order before they can apply for enforcement.

Declaration of Parentage

An application to request that the court determine a child’s parentage.

Parental Responsibility Order

An order which unmarried fathers can apply for when the mother refuses to allow the father to be registered or re-registered on the birth certificate; or refuses to sign a Parental Responsibility Agreement with him.

Step- Parental Responsibility Order

A step-parent can apply for a Step-Parental Responsibility Order if they are married to or in a civil partnership with the mother or father of the child.

Appointment of a Guardian

A guardian appointed under this section will generally take over parental responsibility for the child after the death of a parent.

Discharge of a Guardian

Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court on the application of any person who has parental responsibility for the child; on the application of the child concerned, with leave of the court; or in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.

Removal (Relocation) from Jurisdiction Order

An order granting a parent permission to remove the child from the jurisdiction of England and Wales. This may be for a temporary period or longer-term/permanent period.

Special Guardianship Order

An order made by the Family Court that places a child or young person to live with someone other than their parent(s) on a long-term basis. The person(s) with whom a child is placed will become the child’s Special Guardian.

Discharge of Special Guardianship Order

The court may discharge a special guardianship order on the application of the prescribed persons under section 14D(1) Children Act 1989.

An order in existing proceedings

An application to request directions in Children Act proceedings, and to request orders (other than s.8) in existing proceedings.

To be joined as a party to proceedings

An application to be made a party to proceedings, where which you are not automatically a party.

Permission to apply for a court order

An application to seek permission from the court to apply for an order if you are not automatically permitted to apply for the order.

Order authorising the search for, taking charge of and delivery of a child

An order that instructs the police and authorises the use of force to recover a child and deliver the child to the person named in the order.

Order for disclosure of a child’s whereabouts

If there are on-going proceedings for a section 8 order, the court has the power to issue an order for any person to disclose the whereabouts of a child if his whereabouts are not known.

Mirror Orders

An order made in one country which reflects the original order made in another country. Mirror Orders are often made in circumstances where living and contact arrangements have been made and the child then moves to another country.

Parental Responsibility Agreement

Parents can use this form to record an agreement that the biological father should be granted parental responsibility for the child.

Step- Parental Responsibility Agreement

Record an agreement between a child’s parents and a step-parent (who is the spouse or civil partner of a parent) that the step-parent should have parental responsibility for the child.

PROTECTIVE INJUNCTIONS

Non- Molestation Order

A Non-Molestation Order prevents the Respondent from using or threatening violence against you (and if applicable, your child/children) or intimidating, harassing or pestering you.

This is to ensure your health, safety and well-being (and if applicable that of your child/children).

Occupation Order

An Occupation Order controls who can live in a property. It can also restrict the Respondent from entering a certain area.

If you do not feel safe living with the Respondent or you have left because of violence or intimidation and want to return without the Respondent being there, the order you would apply for is an Occupation Order.

Vary, extend or discharge a Non- Molestation Order or Occupation Order

An application can be made to vary, extend or discharge a Non- Molestation Order or Occupation Order.

Please note only the respondent’s first attempt to challenge a non-molestation order is free. Any further attempts require a fee.

For Contact Details To Remain Confidential

If you do not wish for your address or phone number to be disclosed to the Respondent then you can apply for your contact details to remain confidential by completing this application form.