Has anyone prepared a schedule of allegations themselves?!? For family court

[FloralFlowers]

Hi,
Has anyone any experience of preparing a schedule of allegations for Family Court for contact of children? I think it's called a Scotts Schedule?

To sum up, there has been domestic violence in the relationship between ex-part & myself. He has applied for unsupervised contact which has been denied because I said there has been d.v and court have ordered fact-finding hearing.

I have to prepare my own things, witness statements, and a schedule of allegations, and a bundle?! But have no idea what I am doing unfortuantely, not entitled to legal aid either ..

Any one help?

[messymissy]

Firstly, so sorry to hear that you are going through this, heartfelt sympathises.

Secondly, I know how you feel, my ex will soon be asking for unsupervised access - he is on a DV perps course and thinks that will cure him. so I too will be going down the road you are on.

Thirdly, can you try Women's Aid? Refuge? they offer free legal advice, also Citizens Advice, and check out your local authority - several offer free advice / aid to victims of DV

I am sure someone with specific advice / experience will be along soon - and i too would be greatful for the advice.

Please Mumsnetters - can anyone with first hand experience come to Florals aid?

[FloralFlowers]

Thanks messymissy, I never thought about Womens Aid. You feel like you are just left to find out everything for yourself, which you are really I guess.

Hardest thing is the fact my ex can afford to pay £1000 a time for a barrister to do all the hard work for him and be a headache to me at the same time!

Fingers crossed though!

[Snorbs]

Try Rights of Women, Children's Legal Centre and/or Families Need Fathers. Despite their name, FNF offer advice to mums as well as dads.

[FloralFlowers]

Thanks for the info Snorbs.

[FloralFlowers]

bump

[CarGirl]

Have you appoached families need fathers? They are supposed to be excellent and will provide mackenzies friends to go to court with you?

[FloralFlowers]

Thanks for that CarGirl, will investigate.

[Dollytwat]

FloralFlowers I have done one of these. Do you have the form? Be glad to help you if you want me to (I'm not a solicitor btw)

[ElsieMc]

I have had to do a Scott Schedule and received some guidance from the Judge. It's really important you keep it short and simple, its just a schedule of your allegations.
However, do bear in mind that if you do not have legal representation, you will have to do the questioning of your ex.
This is where litigants in person fall down, because it is all too close, personal and emotive. A barrister on the other hand is not so close and is cool and calm on the day.
Whilst we were in court, two of the highly paid legal team for other parties were told off by the Judge for producing a rubbish Scott Schedule and CAFCASS'S legal team (the guardian's) was told off for being "mediocre at best".
Similarly we saw some rubbish barristers, one good one and one excellent.
I am sorry to tell you we lost our fact finding case and it will always stay with me, because we told the truth.
It even came out in court that our opposing party had nine convictions, three were for assaulting school children and he had been convicted of ABH in this regard. Our allegations centred on the fact he had hurt his son in similar circumstances but it was found on the balance of probabilities that he hadnt.
I highly recommend you get some form of legal advice and counsel's opinion - you dont have to have them represent you on the day.
By the way, it costs loads more than £1,000 for a barrister for the day - bear in mind you also have to pay for the solicitor and/or a person to take notes for the barrister.
You are of course subject to the likes and dislikes of one judge. He may or may not like you and there is no jury to provide balance.
Good luck to you and if there is anything I can help you with, please let me know.

[Gigantaur]

the statement is just what you want the court to hear.

Keep it factual and brief. no need to put in great essays.

each fact should be numbered and to the point.

You probably wouldn't be able to include every incident so i was advised to include first worst and last.

If you have dates or evidence of the events then include them. try and keep it in a cronological order.

[JuJusDad]

From personal experience, be very careful of telling Families Need Fathers that you're looking to limit contact in any way.

That said, they have excellent leaflets and information etc, and can help you source a McKenzie Friend - someone who will be able to guide you through the legal process as they've been there themselves. They're a volunteer, and not experts, but (again from personal experience) CAB can be a bit hit-and-miss and it's always good to have someone who's been there to bounce ideas off.

You may be able to find a solicitor who would be willing to give you pointers or check your work - you'd doubtless have to pay, but far less than them doing it all for you.

[STIDW]

I would second the post above and would also say be very careful about McKenzie Friends. Whilst a few McKenzie Friends are very knowledgeable some are not, and they are not regulated or covered by professional insurance.

Many MFs who have a background in fathers' rights are very good at running down solicitors and then offering their services only to overheat the situation unnecessarily. Increasingly MFs are charging a fee, something which the original McKenzie Friend Ian Hanger opposed in a recent submission to a parliamentary committee. Some MFs have their own agenda (see www.timesonline.co.uk/tol/news/uk/article4743750.ece and their motivation is often anti-feminist and promoting fathers' rights.

[cestlavielife]

my exP cmplained to em that he paid £360 each tiem for his mckenzie friend!
one was defintiely a father for jsutice type had fed him the line i was a bitter ex just out to get him...(not true - i was concerend for dcs safety around him as he had attacked me in front of them!) the second was better and did a good job of calming him down....

[STIDW]

babybarrister,

I am not a lawyer but in N (A Child) [2009] EWHC 2096 (Fam) the Judge concluded the child?s father?s McKenzie Friend ?is entitled to charge, if he can find clients willing to pay his fees, at an hourly rate which can hardly be said to be extravagant when contrasted with the fees one frequently finds being charged to privately paying clients in family cases?.

Recently I came across someone charging £90 per hour for the services of a MF which is actually more than the hourly rate someone would pay for a solicitor under legal aid.

[mumblechum]

BB, I haven't come across Re N before, but if that's right, then it's the first I've heard of McKenzie friends charging.

BTW OP, BabyBarrister's post re. how to set out a Scott Schedule is spot on. There's a bit of an art in keeping it concise but forceful.

Are you sure you want to be unrepresented/aren't entitled to public funding?

[STIDW]

Some MFs in England & Wales (not Scotland where MFs were not allowed until recently) have been charging fees for some time. For example, see;

www.fnf.org.uk/law-and-information/mckenzie-friends/mckenzie-friends-listings

ht tp://www.divorcezone.co.uk/71912.html

N (A Child) was a ruling by Mr Justice Munby, over a case of costs arising from contact and residence litigation between unmarried parents. The father was seeking costs for the assistance of his McKenzie Friend (Dr Michael Pelling, notorious lay representative of fathers) at £140 an hour. The judgement is available here;

www.familylawweek.co.uk/site.aspx?i=ed38390

Apologies to OP for the digression.

[STIDW]

Grr.. Sorry I forgot the hyperlinks.

Some MFs in England & Wales (not Scotland where MFs were not allowed until recently) have been charging fees for some time. For example, see;

www.fnf.org.uk/law-and-information/mckenzie-friends/mckenzie-friends-listings

www.divorcezone.co.uk/71912.html

N (A Child) was a ruling by Mr Justice Munby, over a case of costs arising from contact and residence litigation between unmarried parents. The father was seeking costs for the assistance of his McKenzie Friend (Dr Michael Pelling, notorious lay representative of fathers) at £140 an hour. The judgement is available here;

www.familylawweek.co.uk/site.aspx?i=ed38390

[mumblechum]

Just being nosy, STIDW, are you a law lecturer/journalist/academic?

You clearly know your stuff, but say that you aren't a lawyer.