Wednesday 30 May 2012

Who Wants To Be A McKenzie Friend?

There are no 'ask the audience', 'phone a friend', or anxious nail-biting pauses here...

We are often asked, 'how can I represent myself at court?', or, 'how can I become a McKenzie Friend?'

Well, now is your opportunity to do just that. We are running training courses again this year to help anyone who wants to learn the basics. So, get your diary out, book yourself a place, and learn a new skill.

We are excited to announce that our training courses are back again this year. Perhaps you are looking for a change of career, perhaps you want to represent yourself, or assist others in court, or you may simply want to gain a better understanding of the legal system as a whole.

The course is primarily focused towards family law, although those involved in other areas of law should benefit from the information on offer.

The course is run by Steve Young, who has worked as a McKenzie Friend for the past few years and is a member of the Chartered Institute of Legal Executives (CILEx). He will share with you his experiences of  family law, and you will have the opportunity to learn about the role of a McKenzie Friend, running a McKenzie Friend business, family law (in particular, divorce (and finances on divorce) and children matters), case law, legal procedures, etc. The course will be a mix of classroom theory and practical application (including light-hearted role plays).

This is a beginners course, and anyone who already has an idea of the subject matter may find the course a little too basic. Please look out for more courses coming soon.

The full details of the contents of this course will follow via a link through our website in the next couple of weeks. However, if you would like to provisionally book a place on one of our courses then please contact us with your details, and we will forward the full details to you as soon as possible. Please remember that numbers are strictly limited and places will be offered on a first come, first served basis.

The course will run from approx 9.30am to 4.30pm (10.30am to 5.30pm in London), with a break for lunch.

- Saturday, 20th October 2012 - Maidstone, Kent (cost of £95 per person).
- Saturday, 17th November 2012 - London (cost of £110 per person).

We look forward to seeing you there.


Thursday 17 May 2012

Contact with Your Child Living Abroad


As you are aware, I like to keep you up to date with what I get up to on a regular basis, and purely on a professional level, of course. You know the expression, you wait ages for a bus and then 3 come along a once? Well, my recent McKenzie Friend shenanigans have really been much like this, albeit in the relatively calm and structured surrounds of a legal arena, rather than the often noisy and less than appealing confines of a bus stop. Or, should that be the other way round.

Most recently, I have received a few enquiries from parents enquiring about contact with their children who live abroad. I do not want people to get the wrong idea here, so I am setting out from the start, that this is by no means a definitive guide to resolving contact issues when your child lives abroad with mum or dad, but more of some ideas for you to consider, and places for you to look for advice, should you ever find yourself in this predicament.

I must start off by saying that if you do find yourself in this predicament then it is always advisable, if financial constraints or legal aid certificates allow, to get some qualified advice from a legal representative. This is not much advice, I know, and it is perhaps a little more common sense than it is advice. But, these matters can be quite complicated, and a solicitor would always know how to go around these things better than myself.

Let us assume, for a moment, that you cannot get legal aid and you cannot afford to instruct a solicitor. Where do you go from here?

Well, first of all, where in this world does your child live? I am going to focus mainly on Europe and those countries within the EU. If your child lives outside of Europe, then you cannot generally enforce things in the same manner that I describe here, although it is always wise to check agreements that the UK has with other countries, and with the Hague Convention. If your child lives within Europe, but outside of the EU, then the European Convention is the key to moving things forward.

So, your child lives in the EU (but not Denmark…Not that I have got anything particularly against Denmark, it’s just the way things work)…

If you already have a contact order in place, and it was made after 1st March 2005, then it should be enforceable in the EU. The Regulations that you need to refer to are, Brussels II Regulations (Revised). You will need to obtain a certificate in accordance with Annexure III of the Regulations. The certificate you need is an Article 41 Certificate, and this can be obtained from the court that made the original contact order, or if you are fortunate enough to have retained a solicitor, they should be able to request this for you.

Where you have a contact order that was made before 1st March 2005, or you simply want to register your contact order in the relevant country (and I use the word, simply, very much tongue in cheek), then you should be able to do this under the Transitional Provisions of the Brussels II Regulations.

If you do not currently have a contact order for your child, you may be able to apply for a new contact order, under Article 21 of the Hague Convention.

A good source of advice and guidance for any legal matters involving children can be found through, The International Child Abduction and Contact Unit (ICACU), and by writing to the Official Solicitor at: 81 Chancery Lane, London, WC2A 1DD, or by calling them on 020 7911 7127.

As I said at the start, this is not a definitive guide on how to get contact with your child who lives in another country, or for that matter, how to conduct your case in such proceedings. It is merely just a few words that are intended to point you in the right direction and to help get you on the right track to begin with.

As always, I am happy to provide guidance and support on any family law matters.


Steve Young, Your McKenzie Friend

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