family sols - need to know Children & Families Act 2014?

[bibliomania]

Coming up to final hearing in residency dispute - I currently am the residential parent. Ex has asked variously for 50:50 residency or for him to be the only residential parent (he announced if he gets residency, he won't let me have contact with dd till I've "proven" myself to his satisfaction. I've been the residential parent for the last five years). I've had a sol till recently, but have now run out of money and will be self-repping, as is ex.

I'm putting together the final statement of evidence, and am wondering if there is anything I need to do in light of the new Act. Should I stop using the terms residency in favour of child arrangements? My inclination is not to try to be clever but to just update the docs that I've previously worked on with my solicitor, but I don't want to say something that is no longer valid.

I'm not massively anxious about the hearing itself. The CAFCASS and s.37 reports show that ex has a long history of false allegations against me, none of which has ever been substantiated, and of the many, many professionals involved, not one has ever said he should have more contact than he currently has. His own solicitor stopped acting for him and informed the judge that he was "unreasonable and unrealistic".

Will look at the Act, but if there is anything I urgently need to know, I'd appreciate an idiot's guide to it.

Under the new act there is no such thing as residency' and there are no residence in parents. Or so the terminology goes. The new Child Arrangements Order will say who the child lives' with.

Regarding actual court procedure, etc. there isn't a huge amount of difference. There is a restriction on the including the whole of reports into bundles (they just want relevant bits now and one binder rather than dozens).

So nothing urgent really. Useful link here: www.familylaw.co.uk/articles/the-children-and-families-act-2014-essential-update

Thanks, lostdad. Our judge has been quite directive as regards the format of our statements of evidence - I think she's had a few too many lengthy unpaginated rants from my ex.

biblio, most solicitors and judges will themselves keep slipping up and using the old terminology for a little while till everyone gets used to it so if you feel more comfortable using the old words, do so and don't worry, you certainly won't be criticised for it.

That's reassuring, mumble, thanks.

bibliomania - judges are people and have different ways of doing things (and sometimes get out on the wrong side of bed...)

It's always a good thing if you are a litigant in person to pay a lot of attention to detail to make sure things are clear, unambiguous and easy for the court. I've been in a lot of hearings where litigants in person turn up with carrier bags of paperwork and no bundle, disclose evidence (only with single copies rather than those for the court, the other party, etc.).

When both parties have solicitors or barristers they tend to direct the case on the grounds they know the process. When it's 2 litigants in person the judge has to do it, which is slow, awkward and leads to delays. As a McKenzie Friend I am familiar with the process and usually end up assisting on things like bundle preparation and talking my clients through what is going to happen in court because it speeds up things too. Although of course I always hope that we can come to agreement by consent before we even see a judge. That way it's quicker, easier and more likely to stick because people agree.

As mumble says - solicitors and judges will slip up. But obviously it doesn't matter so long as the finished product is in line with the law and the best interests of the child are served. I'm doing my best not to say contact order' or residence' as well as working out the implications of some of the changes....that's what the books are for. It's a shame some of them are now out of date however!

Thanks, lostdad. We've been in court for a long time now, and we've previously had bundles etc so I have a reasonable idea of what to expect. My ex has tried on a few occasions to slip in a few extra documents to the court without letting me know about it, so I'll be on the lookout for that.

Will be glad once it's over!