Advice needs re PSO

Hi

I wonder if anyone can offer any advice. I currently have a Child arrangements order (previously it was called a shared residence order) I had to go back to court to enforce it 18 months ago. Contact is alternate weekends and half school holidays; all other times are spent with the mother.

Mother is now planning on moving 60 miles away to an area where she has no friends or family and no job. My son does not want to change school and leave the life he has here. I currently live five mins drive away. I made an application for a prohibited steps order to try to stop mother moving with my son. I have self-represented to the point where we now have a contested hearing next month in front of magistrates.

The point I would like advice on are:
1. Can mother change school without my consent as we have shared residence?
2. The Cafcass report is in my favour as mother has ongoing issues with alcohol abuse.
3. On the day of the contested hearing, the Cafcass officer has to attend. I would like advice on how I go about cross-examining him about the report. The recommendation states that Mother should remain in the town she currently lives in and not move as it is not in my son''s best interest.
4. I need to prepare the trial bundles and would like pointers on how I can do this.
5. I have spoken to direct access barristers, but I am struggling to raise the £1500 they are requesting for a 4-5 hour hearing.

Anyone been in a similar position or any advice would be greatly appreciated.

Hi

I self represented through the divorce, child residence, finance, maintenance pending suit etc. Court is not as bad as it may appear. I have a law degree but didn''t study Family Law. As far as I can see there is no actual "law" involved (edit: I should have said "very little actual law involved"). It''s just down to what the judge thinks is in the best interest of the children.

You will get a chance to talk to CAFCASS before the hearing. They will very probably ask to speak to you.

You will put your side, CAFCASS will put theirs, the mother will put hers. If CAFCASS is on your side, then I would just let them get on with it.

As far as court bundles go, I just copied ones I had seen.

1. Can mother change school without my consent as we have shared residence? no, not without the appropriate court order giving her leave to do so. Schools won''t (shouldn''t) accept a registration of a new pupil without both parents being involved or the appropriate court order.

2. The Cafcass report is in my favour as mother has ongoing issues with alcohol abuse. the CAFCASS report (is it a s7 report?) isn''t about favouring one parent over the other, it is there to make a series of recommendations to the court that CAFCASS feel are in the best interests of the child having taken their needs wishes and feelings into account and carried out interviews with both parent

3. On the day of the contested hearing, the Cafcass officer has to attend. I would like advice on how I go about cross-examining him about the report. The recommendation states that Mother should remain in the town she currently lives in and not move as it is not in my son''s best interest. While the report may make such a recommendation, a Judge can not impose such a restriction on freedom of movement on the mother (or any parent).

4. I need to prepare the trial bundles and would like pointers on how I can do this. You can find out what you can and can''t include in a bundle here - new rules on bundles . Try using the search bar at the top of the page for information other members ahve shared on preparing bundles.

5. I have spoken to direct access barristers, but I am struggling to raise the £1500 they are requesting for a 4-5 hour hearing. if you can''t afford legal representation, you may wish to consider using a McKenzie Friend -either one you pay for (make sure they have assisted at a number of FHs first and know the limitations of being a MF), or ask a friend to come with you for moral support and to take notes while sitting next to you in the courtroom. If you ahve a look at this post - resources for litigants in person you should find some useful articles there, including some book recommendations.

As far as I can see there is no actual "law" involved. It''s just down to what the judge thinks is in the best interest of the children

yes the best interest of the children is the paramount concern (known as the paramountcy principle), but to suggest that no law is involved is plain wrong; your application for a Prohibited Steps Order is under section 8 of the Children Act 1989, you should base your arguments on the welfare checklist (s1 of the Children Act ''89) and be aware of the legislation in general.

Yes, lots of procedural "rules". Many ignored, in my experience.

As I say, having studied other areas of law, I would still contend that there is very little "law" involved in the Family Court.

Notwithstanding the above, rubytuesday gives some excellent advice.