LPC Family Law Workshop 02 Answers + Notes

PREP TASK 1

 MP is worried about the current arrangements for the children.
 He wants the child to live with him
 He does not feel free to discuss this directly with DB following recent
events
 He is also worried about the cost of taking court proceedings to deal
with the issue

1. What different courses of action would you advise Myles could
take?

 Write to Debbie’s’ solicitor
 We could write to Debbie’s’ solicitor outlining the issue
 In the same letter we could suggest that the parties undertake
mediation [input from a neutral third party may well help to refine the
issues if not fully resolve them]

 Negotiation between solicitors + mediation
 Negotiation between the solicitors – writing a letter to Debbie’s
solicitors outlining the issues and in the same letter suggest that the
parties undertake some form of mediation [input from a neutral third
party may be helpful to resolve the issues]

 Further talks between [just] the parties themselves would not seem
appropriate on the facts [Debbie usually becomes aggressive when MP
has tried to discuss this matter]
 However, negotiation between solicitors would seem to be the next
logical step [therefore writing a letter to Debbie’s’ solicitor outlining the
issues would be helpful]

 advantages/disadvantages and apply to the facts

 MIAM: If a court application is necessary
 Applicants are required to attend a mediation information and
assessment meeting before issuing an application to court.
 If a court application is then necessary, Miles would be applying for a
child arrangements order for the children to live with him.


2. Will Myles be eligible for legal aid? If not, what options are
available to him?

 LEGAL AID
 Legal aid not available for family cases unless the case is of a type
specified in the Legal Aid, Sentencing and Punishment of Offenders Act
2012

, Legal aid is no longer available for private law children’s proceedings
(e.g. section 8 orders) unless DV can be shown
 However, it is eligible for public law children’s proceedings [this is
where the local authority provides support or protection for children]

 Myles is not eligible for legal aid [largely limited to cases involving
domestic violence/child protection]
 Essentially, Myles does not fall within one of the categories for which is
available for family matters.

 OTHER TYPES OF FUNDING
 If Myles has to pay his costs privately then he may need to consider
the following [other options if he cannot pay privately which is
generally on the basis of an hourly rate but will only be available to
clients with sufficient means]
(a) Instalments
(b)Insurance – litigation insurance [difficult to obtain/insurers tend to be
reluctant to fund family cases given they are multi-faceted, emotional
and potentially very expensive]
(c) Taking out a loan – borrow money to pay their legal fees
(d)Unbundled basis [unbundling is where you instruct a solicitor to deal
with only discrete elements of the case/work is undertaken on defined
elements of the proceedings with the client dealing with other
elements themselves]

 ADDITIONAL OPTIONS ON PAGE 68 OF THE LPC BUDDY
 PAGE 11/12 OF THE TEXTBOOK ON LEGAL AID/FUNDING
OPTIONS

 The basic position is that legal aid is not available for family cases
unless the case of a type specified under LASPO 2012 as being within
the scope of the legal aid scheme

 MEDIATION
 Legal Aid is available for mediation.
 This is merits and means tested?
 He may be able to get help with mediation but still financially tested

 Family Help (Lower)
 Family Help (Lower) may be provided only where the client comes
within the capital and income limits and where the benefits to be
gained from the help justify the likely costs, such that a reasonable
private paying client would be prepared to proceed having regard to
the chances of success and all the circumstances of the case, and the
provision of Family Help (Lower) would help to avoid contested
proceedings.

 Help with family mediation is available, it covers legal advice given to
support a client participating in family mediation

,  BOTTOM OF PAGE 13 + PAGE 14 TEXTBOOK




3. Research what paper form is required to make the application
and complete a copy

 Make an application for a child arrangements order [should it be
necessary to proceed to court]
 FORM C100

 ADDITIONAL INFO ON CAO [INCLUDING WHO CAN APPLY ON
PAGE 37 LPC BUDDY]
 STARTING ON PAGE 194 OF THE TEXTBOOK
 PAGE 218 TEXTBOOK

 EXAMPLER IN THE TEXTBOOK APPENDIX PAGE 555

 THE APPLICATION:
 For paper applications (those not using the online application pilot
scheme above), the applicant must file Form C100 (see Appendix 3(H))
(or Form C2 if there are already existing family proceedings relating to
children), together with sufficient copies for service (and a fee).
 If the applicant alleges that the child has suffered or is at risk of
suffering harm, the applicant must also file a completed Form C1A (see
Appendix 3(I))

 Form C100 requires the applicant to give details of their address and
that of the respondent during the previous five years to enable Cafcass
to carry out safeguarding checks. Form C100 also requires the
applicant to confirm they have attended a MIAM, or claim an exception
applies, or include confirmation from a mediator that mediation is not
suitable.
 The form also enables the applicant to include the details of the order
needed and the reasons for applying. Form C100 (and all other
documents used in the proceedings) should be simply worded using
non-inflammatory language. Form C100 also refers parents to a
Parenting Plan booklet, which offers guidance to parents on making
arrangements for their children on relationship breakdown and asks
about the parties’ attempts to mediate. If a parenting plan has been
drawn up, it should be attached to the form.
 FURTHER INFORMATION AT PARA 13.8.5.1