Conferences
Jason can undertake drafting, completion of the C100 and C79, attend you in a Conference and of course, represent you at court
Why instruct an experienced barrister?
A lot of people think that maybe they can go through the court process without a barrister. That they can stand up in court and argue where their children should live and what time they spend with their children. Some can.
Jason, has, after all written a great book to try and help those people. But, it really makes a difference when you have an expert in your corner. Most people don’t after all pull out their own teeth. They go to an expert: a dentist. And where they do pull out their own teeth it is only a short term fix. For any job you need the best. Thats why in court proceedings, any court proceedings you need a barrister. Direct access allows you to go directly to a barrister without the additional expense of a solicitor.
What is a Conference?
A conference is basically a discussion, usually for an hour, with a barrister where you get a chance to set out your story; your issues and what you would like from the court proceedings. It is absolutely vital. Jason will challenge you during this Conference. Work out with his expertise that strengths and weaknesses of your case in court. Advise you about the prospects. What in law you should expect from the court proceedings. Guide, advise and recommend.
A conference is your chance for a candid conversation with an expert. Determine the roadmap for the court proceedings. It also gives Jason the opportunity to assess your case and work out the best way forward. Conferences can be undertaken on zoom or Teams. They can be out of hours and indeed, where necessary at weekends. Jason is determined to help you to the absolute best of his abilities. He wants to take away, where possible as much of the stress of this entire process, from you. So even if you are not sure whether to go to court; or are in the middle of court proceedings it is best to contact Jason for a Conference.
What does Jason need to see before the Conference?
Jason’s excellent and experienced clerks David and Scott will be able to guide you through what information Jason needs before the Conference to take full benefit from the Conference
How much does it cost?
Jason’s clerks David and Scott can discuss the cost of a conference with Jason. A conference is a good idea at any stage, including pre-proceedings
What does the court look at when making decisions about children matters?
From the court’s perspective the welfare of the child its their paramount consideration. They want to ensure where possible that the child spends time with both parents. That it is safe to spend time with both parents. They will look at something called the Children Act 1989 and indeed specifically the Welfare Checklist
What does the court look at when making decisions about children matters?
From the court’s perspective the welfare of the child its their paramount consideration. They want to ensure where possible that the child spends time with both parents. That it is safe to spend time with both parents. They will look at something called the Children Act 1989 and indeed specifically the Welfare Checklist –
The Welfare Checklist Criteria
1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
The court are required to take the wishes and feelings of the child into consideration. It is not defined in law at which age the court will begin to listen to the child, but the court will tend to place more weight on a child’s wishes and feelings from the age of 12 or 13 onwards. However, it does depend on the individual circumstances of the child in question; The court will assess their maturity and understanding of the situation. The older they become the louder their voice becomes.
Ordinarily it will be the role of CAFCASS to speak to the child and ascertain their wishes and feelings. In exceptional circumstances the Judge may speak to the child themselves. It is important for the court to be satisfied that these are indeed the true wishes and feelings of the child and they are not mirroring the views of a parent. It is important to be aware that the wishes and feelings of the child are viewed in conjunction with other factors and will not wholly dictate the outcome.
2. his physical, emotional and educational needs;
The court are required to consider the child’s short term and long term physical, emotional and educational needs. They will consider which parent is best placed to provide these to the child and this will usually be based on evidence that has been submitted to the court. Physical needs tend to be straightforward whereas emotional needs may require more investigation. A child’s needs will change as they become older and therefore the court must be satisfied that the parents can manage these changes and provide stability for the child at the same time.
3. the likely effect on him of any change in his circumstances;
The court are required to consider the potential impact of any change in circumstances on the child. The court will often take a decision that will cause the least disruption to a child’s life. An example of this may be where the non-resident parent applies for residence of the child. The court will need to consider the potential impact that the change in residence would cause, i.e. change of school, change of social environment.
4. his age, sex, background and any characteristics of his which the court considers relevant;
The court are required to consider the child’s age, cultural and religious background and other characteristics which are specific to the child and the wider family.
5. any harm which he has suffered or is at risk of suffering;
The court will examine harm that the child has suffered and harm that the child is at risk of suffering in the future. Harm is defined as ‘‘ill treatment or the impairment of health or development”. The court will weigh up the potential risk to the child and issue an order which is reflective of this. The order could feasibly contain protective measures which are aimed at safeguarding the child. This particular criterion will require the court to examine allegations of domestic abuse.
6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
The court will want to ensure that both parents are putting the child first and are able to meet all the child’s needs. This criterion will therefore require the court to consider the respective accommodation that both parents are able to provide and the extent to which both parents can meet the child’s needs. This will be case specific and therefore it will depend on the specific needs of the child and the abilities of the parent. There is no assumption that a mother is better placed to meet a child’s needs compared to the father.
7. the range of powers available to the court under this Act in the proceedings in question.
The court will consider every option and can make a wide range of orders, even if they have not been applied for. For example, there may be a case determining contact but it emerges that the resident parent intends to go abroad on a permanent basis with the child without seeking the consent of the other parent with Parental Responsibility. The court may therefore think it is appropriate to grant a Prohibited Steps Order preventing the moving parent from leaving the jurisdiction.