Wednesday, 31 December 2008

Fathers 4 Justice: the Official Handbook 2009

I have just finished writing the second edition of the Official Fathers 4 Justice Handbook which will be available soon, I hope, as a PDF from the Fathers 4 Justice website.  Just follow this link:

http://fathers-4-justice.org/f4j//index.php?option=com_facileforms&Itemid=73

The new version is a huge improvement on the old and is fully annotated and hyperlinked.  The Contents pages link to the relevant sections in the document and there is a new and tremendously useful Glossary which also links to the appropriate passage.

I have updated the sections on enforcement and child support to take into account new legislation and the introduction of CMEC and have extended the section on Scottish law; there are also new sections on a McKenzie Friend’s right of audience, on DNA and hair strand tests and other topics.

The e-book contains large chunks of legislation and Practice Directions, etc, which means the reader doesn’t have to dig them out himself.

This work is the culmination of 2 years of my work and 6 years of advice and support given on the Fathers 4 Justice forum.  These are strategies which have been tried and tested.  I have also plundered every website, blog and publication on family law available.

At 300 pages it is quite a substantial work and well worth the asking price; no other publication on the market provides anything like as much detailed advice, and if anything emerges which does it will be assimilated!  I recommend it for any father negotiating the Family Courts and for any McKenzie Friend trying to help and guide him.  Stick it on a laptop and take it to court with you.


Here is a brief outline of the contents: 

We begin the book with our Top Tips; commit these to memory!  This is followed by our tremendously useful Glossary, which is hyperlinked to the relevant passage in the book and also acts as an index.  At the end of each chapter is a list of the relevant legislation, a selection of important case law, and recommendations for further reading.  

In Chapter 1 we begin with DIVORCE, looking at how you qualify and apply for a divorce as the petitioner.  If you are the respondent we look at how you should handle a divorce petition and whether you should defend it.  Finally we deal with the resolution of financial issues. 

Chapter 2 concerns PARENTAL RESPONSIBILITY, what it is, how you acquire it, how you lose it and how you exercise it.  We also cover paternity fraud and the changing of children’s names. 

In Chapter 3 we examine the options available to you for help WHEN THINGS START TO GO WRONG.  Essentially these are limited to mediation, conciliation and litigation.  We then look at whether you should commence the court process using a solicitor, possibly paid for through legal aid, or whether you should act as a litigant in person, assisted by a McKenzie Friend. 

Chapter 4 introduces you to the principal piece of legislation governing family law, the CHILDREN ACT 1989.  We look first at the principles upon which it is based, and then at the court orders it makes available to you.  These are orders for Prohibited Steps, Specific Issues, Contact and Residence.  We also take a look at the issues of care and adoption. 

In Chapter 5 WE HELP TO PREPARE YOU FOR COURT, getting you first to answer 20 basic questions, and then to complete your Chronology and your Parenting Plan – two absolutely vital documents.  We next look at filling out the application forms and preparing position statements, affidavits and bundles, and at calling witnesses. 

In Chapter 6 WE TAKE YOU TO COURT!  We look at the different levels of court and discuss the well-publicised topic of secrecy.  We give you some tips for going to court, and show you what you can expect of the process and series of hearings.  We end by discussing the appeals procedure. 

Chapter 7 is all about CAFCASS, its origins, its function and its failings, including the Ofsted reports.  We look at Section 7 welfare reports, Section 16a risk assessments, being interviewed by CAFCASS, cross-examining CAFCASS in court and at how to make a complaint against them.  We also cover getting separate representation for your children, children’s guardians and NYAS.  We end the chapter by looking at the correct procedure for interviewing children. 

Chapter 8 begins with a brief but vital essay on the reasons children need their fathers to be active in their lives; use these arguments in your case!  We then study the common OBSTACLES TO CONTACT presented by your ex, by her legal team – including allegations of harassment, non-molestation orders, occupation orders and Section 91 orders – and by the system itself.  We show you how contact can be enforced, and cover applications for the new enforcement orders recently introduced; we also look at penal notices and committal. 

In Chapter 9 we detail the MORE SERIOUS OBSTACLES TO CONTACT, examining implacable hostility, false allegations and parental alienation.  We look at how to deal with false allegations through finding of fact hearings.  We discuss domestic violence, neglect and child abuse; we show how the obstruction of contact can be linked to psychological illness. 

Chapter 10 covers the REMOVAL OF CHILDREN FROM THE COURT’S JURISDICTION and CHILD ABDUCTION.  We show you how to prevent abduction, and what to do if your child has been abducted.  We give advice on Hague Convention cases and to foreign fathers who have come to Britain seeking their children. 

Chapter 11 follows on from Chapter 10 by presenting an outline of SCOTTISH LAW to English parents whose children have been removed to Scotland, along with advice on taking a case to Scotland. 

Chapter 12 is all about CHILD SUPPORT, with descriptions of the old child support scheme under the CSA and the new scheme under CMEC.  We examine the problems which arise with child support, consider the issues when one parent lives abroad, and finish with the complaints procedure. 

In Chapter 13 we cover the sensitive issues of HOW TO COPE with the loss of your children and with endless litigation, and at what point it is appropriate to end the battle.  We also discuss the controversial retreat strategy. 

Finally, Chapter 14 gives you advice should you find yourself ARRESTED BY THE POLICE, which is not uncommon in a variety of scenarios in family court cases. 

The book concludes with Appendices listing county courts, support organisations and other sources of help.

 

 

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