Resources / Information to help with Child Arrangements Hearing?

[Blackcats7]

My friend is supporting her daughter through a child arrangements hearing. There is fault on both parents sides and my friend has had to provide a high level of support to her daughter and grandchild over several years which she does willingly and only wants the best for them both.
Does anybody know of a helpful site with information to help my friend through all this please? She is currently trying to complete the court paperwork and is also wondering if she might be allowed to speak on her daughter’s behalf because her daughter is hysterical and likely to be incapacitated so not be able to speak coherently at the hearing.

wondering if she might be allowed to speak on her daughter’s behalf because her daughter is hysterical and likely to be incapacitated so not be able to speak coherently at the hearing.

this shouldn’t be concealed from the court

my god this sounds bloody awful for the children

I simply meant her daughter is very upset and terrified at the prospect of the hearing. Not that she is hysterical all the time. Nobody wants to conceal anything. Her daughter could answer questions and will obviously be present but will very likely not be able to speak up in the best way other than that.

so why has your friend had to offer a “very high level of support” to her in parenting?

My question is just if anybody knows of helpful resources about getting through the court process.
I am not here to give private information to enable others to make judgements about anything.
That will be for the court to decide.

@nootropics if you can’t answer the question I asked I would appreciate you leaving the thread please. You appear to want to construct a scenario for you to criticise based on a couple of sentences you have interpreted incorrectly.
This helps nobody.

based on the exact wording you outline in your OP

Which I have now clarified for your benefit.

No she won’t be allowed to speak on her daughter’s behalf, and without the other side’s express permission she won’t even be allowed in the court room. I know it’s hard but your friend’s daughter needs to either get a solicitor or a Mackenzie friend, or pull herself together as It’s all on her. I’ve just been through this supporting a relative.

yes

and if by any chance the court would allow her mother to speak on her behalf’s…. that in itself will tell the courts a great deal

@AllThePotatoesAreSinging thank you. Can’t afford a solicitor but have looked into a McKenzie friend but even that is costly if it turns into multiple hearings. I have no idea if that can happen?
I agree as does my friend about pulling herself together but there are complicating factors which I can’t go into.
The wording on the paperwork was a little confusing which led my friend to think the court might allow her to speak.
To reassure anybody reading there is no intention to try and put the child in a place where her needs aren’t fully met as the priority. Mum knows her own limitations and accepts this.
Unfortunately in some situations there is no ideal scenario but my friend is doing her best with her daughter and granddaughter but her first priority is of course her granddaughter as the child.

I mean it with sympathy. I know it’s high octane emotive. My relative was up against someone who had been successfully prosecuted for a serious assault on her which led to a significant restraining order (expired by the time the case was taken to court). Luckily she had a good solicitor covered by legal aid due to the domestic violence. It was awful. He still got 50/50.m
It can drag on. I attended 7 hearing with her and it went on for over a year.

If there has been domestic abuse then she should get legal aid for a solicitor. Also she would be allowed a domestic abuse advocate from the local DA organisation. She can apply for you to be allowed in to support her but the court will decide on that if opposed by the dad. You won’t be allowed to speak.

Came to say the same - try and get a solicitor or Mackenzie Friend if you can. It is a very upsetting and emotional time but the best thing your friends daughter can do in court is stay calm and not get upset, no matter how much she disagrees with the other side’s statements. So might be better if she has someone who can represent her, ask the judge for a break to ‘confer’ if she is getting distressed etc., than for her to try and represent herself.

A couple of practical things. Your friend can go with her to the building but not in the court, so can be there before/after to support her, keep her away from her ex (generally everyone is in the same waiting area so maybe go for a walk or stand away from where he is etc before the hearing). She could also ask for a visit to see the court layout, know where to go etc so it’s one less thing to stress about on the day.

It’s been a while since I had to look, but I found sites that were male-focused (eg families need fathers or whatever they are called now) used to be more helpful about preparing for court etc.

No your friend won't be allowed to address the court on her daughter's behalf. I doubt she'll even be allowed into court as she is not a party to the proceedings or a legal representative.

Why is the daughter likely to be hysterical and incapacitated? If she genuinely does not have mental capacity to engage in litigation, she'll need evidence from a doctor confirming that fact, and a litigation friend (presumably you?) to act on her behalf.

There was domestic abuse but as it was mainly emotional and financial it was never reported to anybody so my friend thinks this couldn't be used retrospectively because there would be no history. Although the financial abuse might still be provable. There was one incident of violence to the mum but again it was never reported. Numerous incidents of breaking her possessions which was violent and threatening but didn't actually hit her.
My friend was not aware of the level of what was going on until much later.
The couple were not married.
It has since come to light that the father has form for this sort of behaviour with previous partners but he has no convictions or even reports made to the police so it is all one person's word against another.
I will let my friend know that she won't even be allowed into court.
The mum does not lack capacity at all but she has been / is very much damaged by this man and has not been able to move on and get herself better so far.

She can report it now and get a crime reference number. I know 2 people who reported years after the fact. Both were granted legal aid. If she took photos of any bruising this can be used as evidence. Even if she has text messages if she told anyone at the time. Same if she told anyone via text or email about the breaking her possessions - it’s violence. X

The best resource for child cases is the Cafcass website - there are loads of guides and information pages on there, some of them specifically aimed at family members.

www.cafcass.gov.uk/

@AllThePotatoesAreSinging and @fernsandlilies thank you. I will pass this on

@Blackcats7 I have been helping a friend’s son with his child care order application. (Am not a lawyer). This guide was v useful. Costs £18.

The extended guide includes:

• Easy to follow, guides you step by step through the whole process from start to finish.

• Explains what to do when you get your ex’s application if you are the Respondent.

• Explains what will happen at each hearing and how to prepare.

• Explains when you have to prepare a statement and shows you how to write one.

• Boost your knowledge and skills so that you can manage your case yourself.

• Provides access to low-cost, fixed fee expert advice from a solicitor via the Affordable Advice panel if you need it.

• Easily the most helpful and in-depth guide available.

https://www.advicenow.org.uk/guides/how-apply-order-about-child-arrangements-without-lawyer