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Case Study :: Prohibited steps children's case

 

Jackie: 'emergency' support from divorce coach Kirsten Gronning for a final hearing in a children's application.

 

Jackie (names have been changed) 32, wrote to us:  

 

“I know this is last minute but I have just discovered your website at the 11th hour!I am a LIP (Litigant in person) in a contact order case and the final hearing is tomorrow morning. My McKenzie friend is now unable to come and the thought of doing this completely alone is terrifying me.”   

Kirsten recognised the urgency in the message from Jackie and arranged to speak later that evening for an hour.Jackie had a good grasp of her case already and Kirsten recognised that in the short time available she could really help Jackie to present her case effectively and give her tips to keep the emotions out of the way. It was clear that she had her child’s best interests at heart throughout and was doing her best to be conciliatory under difficult circumstances. 

Jackie is the mother and resident parent of a 4 year old child and lives in the north of England. The father had left the family home when the child was very small but maintained regular contact and the parents had built up to, and were about to agree to, staying contact. All contact arrangements had been agreed via CAFCASS and an order was about to be signed. But when the father discovered my client had a new partner who was involved in her family life, he put in an application to restrict the new partner’s access to their child. He had been represented by a barrister at previous hearings but Jackie simply couldn’t afford that expense any longer - this was the third hearing in court and she did not qualify for community support (legal aid.) She was grateful for the legal support she received from the charity Rights for Women http://www.rightsofwomen.org.uk/ but was on her own in court the next day.  

“My question is now that I have to present my case and cross examine the applicant.   I appreciate ANY advice you can give at this very late stage and hope to hear from you.” 

When they spoke later that evening, Kirsten focused on reassuring Jackie that she knew her case and gave her many tips to be able to present it on the day. She knew what she was asking the court to do but she was worried her nerves would get in the way on the day so that she wouldn’t be able to focus. After talking, Jackie’s anxiety was noticeably reduced and she relaxed when she fully realised that CAFCASS (after having met with her partner and carried out checks) were recommending in her favour. As a support in court mentor, Kirsten did not need to get involved in the legal case in order to prepare Jackie for her experience.

Two days later Jackie wrote Just wanted to say a big thank you for your time at such short notice yesterday. I came away stronger and confident about talking today. I stayed up all night writing my opening speech and questions however luckily they were not required. (Although I was quite proud of my speech!) 

The Cafcass conciliation went very well and the officer completely disagreed with ex’s concerns and issues and advised that the Judge would have the same view. We have both agreed to a mediation appointment with her next week and a provisional review hearing (if still required).  The applicant discussed at length with his barrister and we finally reached an agreement on the new consent order which solely deals with contact only. He again had both a barrister and solicitor present. I was totally on my own...but after finding my inner strength I was able to sit in the waiting room unperturbed. 

The judge was very pleased with the outcome and hope that the review hearing will not be required after further mediation. 

My faith has been restored in the legal system. Thank you once again for your advice and time - it has been the best £100 I have spent! 

It’s important to note that we prepare clients for their experience in the family court and under no circumstances do we rehearse the evidence, coach or discuss the evidence or detail of the case. 

 

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