McKenzie Friend needed . North West / Manchester /Blackburn

[Sarahjane111]

I am looking for some advice or help in finding a McKenzie friend. I live in the North West and its a family matter .My ex partner has applies to the family court to obtain a contact order for our 2 young sons . We have already had 2 court hearings . I have submitted my positional statement and we are now waiting for a Cafcass section 7. I entered as LP as i could not obtain legal aid and I can not fund solicitors fees. My ex partner has a McKenzie friend who acted as our mediator last year. Cafcass have also suggested a Finding of Fact hearing.

I stopped contact 2 years ago over allegations of abuse. These were reported but not investigated due to lack of evidence. Evidence could not be obtained from my sons as one was to young and the other is severely disabled with profound communication difficulties . I was assured by Police and SS that if it ever went to court Cafcass would investigate properly. Doesn't look like that is going to happen and I am being treated like a vindictive ex. I am genuinely concerned for the safety and well being of my extremely vulnerable children. Police are now apparently claiming to have no record of the incident. SS have sent reports in that I believe support my decision but somehow Cafcass read different words off the same page. The Cafcass officer has arranged to interview me and my children separately and a new court date will be set after the section 7 is complete.

I need to know what reports I am entitled to and how I would get them .I would also like to know if the Cafcass officer can interview my son if she has no previous experience or Knowledge of working with children with special needs ?. I have lots of other issues and questions this situation is very complicated but I am not sure what I should discuss on here .

I think what i really need is someone to liaise with Cafcass for me . We really clashed in court and my ex managed to charm her in my opinion she has already made up her mind in favour of my ex. I need to ask her some question and I don't think she has all the right information, she didn't even have our statements. I am worried that if i call her i am going to make my position worse and alienate myself further. I am very stressed and confused any help or advice would be greatly appreciated Thankyou

[Carnelian]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Have you looked at these sites?

http://www.mckenziefriends.directory...%20friend.html

http://www.mckenziefriendfamilylaw.com/

http://courtwithoutalawyer.co.uk/mckenzie-friends.html

I haven't used any of them, so can't recommend any but came across these sites when I was researching my own case.

Good Luck!

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Oh thankyou , i have really struggled to find any information on them

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Its the fees i am worried about , a friend used one who was free an he was useless. I am a lone parent and a carer literally can not afford to pay anything

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

I visited the CAB this morning and have an appointment with a solicitor next week. I saw him last year though and he couldn't help me without a fee. The 2 numbers they gave me wanted a fee as well ..... seems a cant afford justice !

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Ok Thank you i will check him out Would he work in the North . My Ex's McKenzie is from London, i am assuming it costs more with expenses and stuff

[Carnelian]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

I visited the CAB this morning and have an appointment with a solicitor next week. I saw him last year though and he couldn't help me without a fee. The 2 numbers they gave me wanted a fee as well ..... seems a cant afford justice !

Oh I am sorry, that is so crazy! I can't get legal aid and can't afford to pay, it's catch 22,

[enaid]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Hi I found this http://www.mckenzie-friend.org.uk/

[MissFM]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Hi SarahJane,

Another possible route would be to contact Mencap or a charity directly connected to your son's disability. Most such charities offer advocacy and/or free legal advice, plus could point you in the right direction should they not be able to help in your case.

I am so very sorry for your predicament, FWIW - it's iniquitous what's happening to legal aid.

A word of caution as regards MacKenzie Friends - AFAIK they are not externally regulated, nor required to be formally qualified and would be unlikely to have, for example, liability insurance as required for solicitors; neither do they have automatic rights of audience in court, although no doubt there are many very good ones. It's worth reading this (particularly "Benefits and Risks"):

http://www.legalservicesconsumerpane...0MKF_Final.pdf

You may well be able to find a lawyer willing to help you FOC through one of the the below:

http://www.barprobono.org.uk/
http://www.nationalprobonocentre.org.uk/
http://www.lawworks.org.uk/

Wishing you well x

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Thank you all so much for the info. I am a bit dubious about the Mckenzie friend . My Ex's is awful , we have also had major issues. He is now lying about the conversations we had during mediation. I contacted the N.S.P.C.C and National Autisitic society at the time. The N.S.P.C.C made further referrals to SS and the NAS weren't much help. I also contacted local groups but no-one seemed to want to get involved. I have also tried many solicitors even human rights lawyers but they all shut the door in my face , advising me to make official complaints about Police and SS, that doesn't help me now though !

The Police didn't investigate because of my sons disabilities , they have nor the knowledge or the resources to deal with something like this. SS wouldn't get involved because dad wasn't seeking contact at the time. I did involve my MP who initial got things rolling but them came up against the same brick wall as me. I contacted them again yesterday so we will see . I realise though that behavior of Police and SS is separate to the issue of contact now with Dad, which is all the court is willing to deal with.

I was hoping to find a solicitor who would sympathies with my situation but thought at this stage i would opt for anything ! I will look at those links ...i also have the added issue of 2 young children to care for one with additional needs it all just seems so unfair, thanks again your help is really appreciated

[MissFM]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Thank you all so much for the info. I am a bit dubious about the Mckenzie friend . My Ex's is awful , we have also had major issues. He is now lying about the conversations we had during mediation. Hmm. I'm not sure that it's proper for him to take that role, especially if you were unrepresented. I also think it may be improper for him to (mis)quote what was said confidentially in mediation. See this (from @carnelian's link) for what could be valid objections to the Court in the actions of a McKenzie friend:

http://courtwithoutalawyer.co.uk/mck...nce%202010.pdf

I contacted the N.S.P.C.C and National Autisitic society at the time. The N.S.P.C.C made further referrals to SS and the NAS weren't much help. I'm sorry to say that I have also found the NAS of little practical help when urgently needed. I also contacted local groups but no-one seemed to want to get involved. I have also tried many solicitors even human rights lawyers but they all shut the door in my face , advising me to make official complaints about Police and SS, that doesn't help me now though !

The Police didn't investigate because of my sons disabilities , they have nor the knowledge or the resources to deal with something like this. SS wouldn't get involved because dad wasn't seeking contact at the time. I did involve my MP who initial got things rolling but them came up against the same brick wall as me. I contacted them again yesterday so we will see . I realise though that behavior of Police and SS is separate to the issue of contact now with Dad, which is all the court is willing to deal with.

I was hoping to find a solicitor who would sympathies with my situation but thought at this stage i would opt for anything ! I will look at those links ...i also have the added issue of 2 young children to care for one with additional needs it all just seems so unfair, thanks again your help is really appreciated

Some further links which should help :

http://www.thepsu.org/get-help/

http://www.childrenslegalcentre.com/

I would strongly suggest ringing the helplines (speaking to an actual human!) and asking for immediate, practical advice as to your predicament.

"McKenzie Friend" seems to me to describe a function that can be fulfilled by a competent layperson of your choice. If you can identify someone that you trust, who grasps all the issues, and has knowledge of court procedures, you can ask the Court's permission for them to help you as a MF - there are no formal qualifications.

The other thing worth considering is getting a separate advocate for your disabled son (ask Coram for advice on this). Cafcass, the Courts and your ex's MF all need to respect that it's the interests of the children that matter here, not your ex's or even yours.

In view of the possibility of abuse, I would certainly insist that all contact with their father is under strict supervision, and I don't see how any reasonable court could object to this.

Have you asked the CAB for help at all?

x

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Thank you for your reply, the NAS advised me to contact N.S.P.C.C which i had already done and sent me info that i didn't have the time to filter through. I will call the helplines on Monday difficult to speak today ( madhouse ). My MP has written back today with the info i wanted and said he will help further if he can.

I know contact is going to be reinstated i just want to ensure it is properly supervised. I should have objected to his MF , in my ex's original application he said he was without representation then on the day of court the MF was there. I was at the CAB yesterday they have made me an appointment with a solicitor for next week. I have already seen him about this last year , he actually told me to have no more dealings with the MF , then mediator as he thought he looked like ''cowboy''.

The MF contacted me last year he said my ex had admitted to some of the abuse and was full of ''Guilt and self loathing '' he also told me he thought i had done the right thing by stopping contact !. My ex offered to pay for supervised contact and we both signed the agreement. I facilitated the indirect contact then just before supervised they pulled it saying he could no longer afford it . They wanted to go to supported instead i refused , the MF also disclosed he was directly forwarding my emails to my ex and told me this was normal practice ! i refused to have any more dealings with him and they proceeded to court, accusing me of obstructing contact. I have put all this in my statement but i don't think anybody has actually read it ! The MF now '' Strongly refutes what he may or may not have said'' , whatever that is supposed to mean !

I am dealing with 2 ego's here. They are really gunning for me, his statements are geared towards making me look vindictive and inadequate they have already asked for section 37. The last Judge totally dismissed it , unfortunately the judge was ill this time and we were double booked with another case. I don't think this judge had any knowledge of the case and just agreed with Cafcass. The Cafcass officer told me she didnt see any need for supervised contact and has reinstated indirect contact , starting tomorrow ( Mothers day, bit of a kick in the teeth ) . This will continue until the section 7 is complete. The court reinstated indirect contact at the last hearing , but he either got bored or forgot and didn't answer, i stopped the contact again but Cafcass say without good cause and its back on. This is for my younger son but the court have ordered my older son be present even though he wont talk to or even look at him !!! its just such a messed up situation there is even more to it than this i could rant on forever.!

I really do appropriate your advice , thank you . I will defiantly follow up those links thanks again x

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

The abbreviation MF has really made me giggle today thanks xx

[Sarahjane111]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Hi SarahJane,

Another possible route would be to contact Mencap or a charity directly connected to your son's disability. Most such charities offer advocacy and/or free legal advice, plus could point you in the right direction should they not be able to help in your case.

I am so very sorry for your predicament, FWIW - it's iniquitous what's happening to legal aid.

A word of caution as regards MacKenzie Friends - AFAIK they are not externally regulated, nor required to be formally qualified and would be unlikely to have, for example, liability insurance as required for solicitors; neither do they have automatic rights of audience in court, although no doubt there are many very good ones. It's worth reading this (particularly "Benefits and Risks"):

http://www.legalservicesconsumerpane...0MKF_Final.pdf

You may well be able to find a lawyer willing to help you FOC through one of the the below:

http://www.barprobono.org.uk/
http://www.nationalprobonocentre.org.uk/
http://www.lawworks.org.uk/

Wishing you well x

Hello,
Thanks again for your advice ,I know its some time since i posted this and i am not sure how this forum works but i really need some more advice please
I was accepted by the Pro Bono unit but i got the email Friday saying they couldn't find me a barrister to represent me ,i am back in Court tmrw morning at 10 am and i am really panicking. They warned me they may not find one but said it was '' very rare ''.

Cafcass have recommended 6 weeks supervised contact ( only 3 of those he will be in on his own though ) and parenting courses. They have said that i acted in the best intrest of the children by stopping contact but now want to draw a line under it and move on !!!!
Their not recommending a finding of fact as they say the outcome would be the same

My Autstic son was not assessed properly and the results are very unclear . The Cafcass officer was not a specialist for children with special needs she ''had been on a course''. he refuses to speak to him on skype and i dont think he is going to go into contact , Will i have to force him ?

I am really worried about how all this is going to affect him. We have made so much progress since i stopped contact , he is a different child !. I have asked the court to gain reports from his old school to show this ...i couldn't get them without a solicitor !. The judge wrote to me and said they would deal with it but they haven't

they have also not had all the reports in they asked for but the section 7 has been filed anyway ,

I have also had 3 different judges for 3 hearings , is this allowed ? i am even at a different court tomorrow ?

Basically do i raise all these objections tmrw ?



If any of this makes any sense am sorry i know there is loads of information here

Thabkyou xxx

[Tools]

Re: McKenzie Friend needed . North West / Manchester /Blackburn

Hi Sarah,

I haven't followed this thread and am not the best to advise you, hopefully others will advise better.

Firstly, I would urge you to attend, this is most important. If they are unable to find you a representative in time you could ask the Judge to adjourn the hearing. Explain the issue of a barrister not being available, that reports and assessments have not been completed and that to hear the case accurately it would be best to delay. Also try to explain your son's position and condition, highlighting the difference in his behaviour since contact was stopped. Stay calm and collected, a Judge is more likely to listen to your story if you do not "rant & rave" (not saying you would of course)