Child Arrangement Orders and self representing

[TLB633]

Hi all,
I have recently agreed to be a McKenzie Friend in an application for a Child Arrangement Order for a male friend.
Please can I ask if any of you have had any experience in this area?

My friend is applying for overnight access which his ex will flatly not agree to.
There is no medical/developmental/emotional reason why the child cannot stay with Dad overnight. The child is actually asking if they can stay overnight at Dads now.
What sort of tips can anybody give about the hearing process?

Thank you in advance

Ensure your friend stays calm at all times, and focus on the child.
As you have said there is no protection issues it's very unlikely the court would say no to overnights.
The ex would need to prove he's a danger to the child in order to prevent overnight contact.
Make sure you have gone through possible questions with him in advance, for example, where will the child sleep?

Brilliant. Thank you.

He has a spare room that is already set up for him with toys and a bed. He has always told his child it's his "playroom" so as not to confuse him whilst he's been unable to have him overnight due to Mum refusing.

LO has been asking more and more recently and calling it his bedroom.

No, as you've said there are no protection reasons whatsoever.

Do you know how many hearings there are likely to be for a straightforward case 'Advice'? It appears from reading online that there may be more than 1 in a lot of cases...

I haven’t been a mckenzie friend but have been through the court process, IMO if there are no reasons to suggest he cannot look after his son overnight then the court will or should allow this as it is seen as in the child’s best interest to have a relationship with the father. He may be able to ask for time with the child in school holidays (if the child is younger it can still be put in the order for those periods) plus alternate Christmas, birthdays etc.

There’s normally only 1 unless it’s complicated eg due to religion, violence etc.

Why are you being a mckenzie friend when you don't appear to have any experience?

Have you considered the rules surrounding you attending

I don't have any experience in being a MF.
I am experienced in the area of children, health, development and CP/safeguarding. I know my way around child welfare very well. So I do feel that I will be of use.
My understanding from reading around the subject is that anyone can be a MF to provide moral support, quietly advise and compile notes and prepare responses during the hearing etc.
Just posting on here to get some first hand accounts as a start.

There is quite a lot of guidance about mckenzie friends and I would suggest you read that so you know what you can and can't do.

Will do. Many thanks.
Is there a website that you could suggest? I have found some good info so far, but always open to suggestions.

Agree to looking up what your role and limitations are so you don't hold up the process.
I work mostly in public childcare law but sometimes private, I would say try and remember you've only had one side of it, who knows maybe the mothers side of it sounds equally sensible and rational.
A good tip to prepare is to ask him to imagine/anticipate what Mum's argument is going to be and what questions the Judge/her lawyer might ask to investigate that.
Has she made any allegations? Given any reasons for refusal? Those will give you a clue as to likely turn of events on the day

To the best of my knowledge. The only two responses that have been repeated a few times in response to his request for overnights is
"LO is just not ready"
&
"I don't trust you with him overnight"

Over a year ago she stated LO had sleep issues that she was seeing a sleep specialist for. I felt this was a little suspicious as she said she was going to see a sleep specialist.

In my experience an NHS sleep specialist referral would only be performed off the back off countless Gp attendances to build a chronology of a genuine sleep problem. Which there was no evidence that she had done.

And she had not the financial means for a private practitioner. So I found it hard to believe.
When he challenged her with this and asked to attend the specialist appointment with her, due to him having PR and a right to be there, she stated the sleep issues had resolved.

Regardless of sleep issues, it's nothing that he as dad is not equipped to deal with.

Ensure the focus is kept firmly on the child and how the child will benefit from overnights, as opposed to your friend wanting to have the child overnight. Avoid personal comments or point scoring against the other parent at all costs, if the other parent is making personal statements either answer factually and briefly, or say that you don’t see how that is relevant to future planning.