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Following from the excellent "sticky" advice on how to submit a c100 form can we jump ahead and predict our problems next year.
After April there will be far less representation through legal aid for family law cases, so, would it be a good idea to make a "sticky" template for c100 statements.
We know that the courts like these statements to be numbered, paragraphed and in a particular format for easy referencing in the courtroom so this can be crucial in the courtroom for putting across our position.
We need to be aware that we will have to write these ourselves from now on.
We hear horror stories of being outmanouvered in the courtroom by solicitors who are faniliar with basic procedures when we are not, Perhaps someone familiar with the legal process could advise on this and put together a template statement that could be included as a reference for forum users??
It sounds like a good idea, though every case is different, so I'm not sure how standard it can be.
We can always ask the CCLC to provide advice on here (as long as you don't have a solicitor) , and there is advice through their webchat facility and phone which is competely free for any parent who needs it.
I found a template Position Statement on Docstoc. I used it recently....I can give a link to the page, but they charge to download it....I didnt bother with that! I just printed the page off and copied it onto microsoft word and did the adjustments, adding names, dates etc. It gives you a good idea of the format though.
The front page is everything up to Brief History.
Then a short statement such as.... I (your Name) of (address) make this statement believing the contents to be true, accurate and in the knowledge that it will be put before the Court, and that it may be examined on the basis and points of which are enclosed.
Then paragraphs with the headings, Brief History, My Concerns and My Requests. using the bullet points to make it easy for the Judge to reference.
www.docstoc.com/docs/121207197/Template-for-a-Position-Statement
I believe, but am no expert! That if your application was in before 1st April, you can still be granted Legal aid if you fit the criteria. But after 1st April, legal aid will no longer exist & no matter who you are, you won't be able to get it. I think I heard that if domestic violence is involved you can, but am not sure if thats something else to do with the court process, that might be free mediation & not legal aid. Nanny Jane will know!
You're right JAMES33 🙂 Legal Aid will cease for Family Law cases as of 1st April and that includes both men and women. There are exceptions as you quite rightly point out, if there has been a history of Domestic Abuse, but this will have to be historic and not just thrown up at the point of applying for Legal Aid, there will need to be documented evidence of this.
I'm pretty sure that financial assistance for Mediation is to continue.
It will serve to level the playing field but my feeling is that the Courts will at some point have to set up some kind of Litigant in Person support and advice system within the court building, to help with the influx of self reppers!
An interesting point, NJ. The savings in legal aid may well lead to an increase in time spent in court - not to mention the possibility of it degenerating into a slanging match in court. Maybe it will move to an arbitration process with the litigants heard separately.
Yes actd, I think there are going to be all sorts of issues that will be thrown up by the reforms. I know that the McKenzie Friend I have helping us is actually in talks with the Court locally to provide a resident MF to assist self reppers....this will be within the court building and will be a salaried position. I think that anyone that might be interested in becoming an MF should definately look into taking a course as the demand is set to rise, no question. MFs dont just help with childrens issues, they can assist with divorce proceedings and I would think their role will develop to take in Litigation and housing issues too as the reforms start to bite.
thinking about it - any court would need a few MFs on hand - potentially two for each case as both sides would have to have one, and then multiply that by the number of court rooms available in court.
Thanks for the encouragement actd, I'm still thinking about it....I'm 58 soon and I'm wondering if I should be pursuing a new career at this juncture! :unsure:
Well, only you can decide that - but it seems to me that it's something you'd enjoy, after all, you're pretty much doing it on here already 🙂
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