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Holly Pelham Legal Officer

Helping Women through the Law - AVA

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<strong>Holly</strong> <strong>Pelham</strong>, <strong>Legal</strong> <strong>Officer</strong><br />

holly@row.org.uk<br />

Helping women through the law<br />

1


Rights of Women<br />

Free confidential legal advice line for<br />

women<br />

Accessible publications<br />

Extensive training program on family law<br />

immigration and asylum<br />

Guidance for policy makers<br />

2


Overview<br />

Re L<br />

Adoption and Children Act 2002<br />

Children and Adoption Act 2006<br />

Ministry of Justice report<br />

Access to legal aid<br />

’10 top tips’


The legal framework<br />

Re L Re V Re M Re H [2000] 2FLR334<br />

Adoption and Children Act 2002<br />

Extends definition of harm to include a<br />

child seeing or hearing domestic<br />

violence (‘ill-treatment of another’)<br />

Children and Adoption Act 2006<br />

4


Children and Adoption Act 2006<br />

Received royal assent on 21 June<br />

2006 but many sections not yet in<br />

force<br />

Contact activity directions<br />

Enforcement orders<br />

Compensation for financial loss<br />

Family assistance orders<br />

5


Ministry of Justice Report, 25.9.08<br />

Outcomes of applications to<br />

court for contact orders after<br />

parental separation or<br />

divorce<br />

http://www.justice.gov.uk/docs/outco<br />

mes-applications-contact-orders.pdf<br />

6


Access to legal advice<br />

Since 2001 solicitors’ family law<br />

firms down by 50%.<br />

Rights of Women research ‘Access<br />

to Justice 2007’ showed 55% of<br />

women who were denied legal aid<br />

represented themselves in court<br />

proceedings.<br />

7


Welfare Checklist<br />

section 1 (3) Children Act 1989<br />

Wishes and feelings of child<br />

Physical emotional and educational needs<br />

Likely effect of change in circumstances<br />

Age sex background etc.<br />

Harm<br />

Capacity of each parent to meet child’s<br />

needs<br />

Range of powers available


Top 10 tips<br />

1. Ask for a ‘Re L’ hearing<br />

2. Don’t let her be bullied<br />

3. Be a McKenzie friend<br />

4. Get the judge to reserve the case<br />

to herself<br />

5. Tell her to keep notes<br />

9


Top 10 tips cont…<br />

6. Collect evidence<br />

7. Milk being a litigant in person!<br />

8. Assume the judge knows nothing<br />

9. Always refer to welfare checklist<br />

10. Get legal advice fast


Further information<br />

Call Rights of Women’s legal advice<br />

line 020 7251 6657<br />

Download free legal information<br />

from our website www.row.org.uk<br />

Read Rights of Women’s Child<br />

Contact Handbook<br />

Find a solicitor on<br />

www.clsdirect.gov.uk<br />

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All rights reserved. No part of this<br />

material may be reproduced, stored in a<br />

retrieval system or transmitted in any<br />

form or by any means, without<br />

permission from Rights of Women.<br />

© Rights of Women 2008<br />

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