MckenzieBlog

This article is likely to offend most people who read it, and I don’t make apology for that as most people who read this blog are legally minded people including those in the legal profession, judiciary and expert witness pool. It is their Karmic duty to be offended for some of the questionable things they have done in their careers that resulted in a child losing contact with a parent and that parent’s family.

The latest contact denying tactic that seems to be doing the rounds is Post Traumatic Stress Disorder (PTSD). PTSD is increasingly being relied upon as a reason why a parent cannot have contact with their child(ren). It’s turbocharged ‘mothers anxiety’, and can bring the shutters down on contact, or more properly keep the gate that was once ajar closed on contact for good.

Here’s how it works…

Mother’s says she was a victim of domestic violence and doesn’t permit contact, no urgent fact finding is held to protect child’s relationship with father and all contact with child ceases. Many months pass with adjournment after adjournment and judge taking a ‘huff and puff’ approach to coercing mother to permit contact.

Eventually contact starts again regardless if DV proven or unproven.

Mother realises that contact is going to ‘bed’ in and suddenly decides that she may be suffering with PTSD and cant possibly countenance contact until diagnosis and treatment, the latter part of which she cant see happening for an unspecified time. An expert selected by her solicitor and paid for by legal aid agrees with mother in a report, and it all gets kicked into the long grass, or more properly into the abyss. Father doesn’t have the resources to instruct his own expert. Appeal court  would rightly conclude that decision was open to judge on evidence heard

Game over.

Or is it? Let’s rewind a bit…

The corollary of this should surely be that in the absence of the mother engaging in therapeutic treatment aimed at restoring contact the court should consider removing the child from the mother if she is so impaired that she cannot tolerate contact?

If only it worked like that as the hired gun expert can’t agree with that position as he realises that there will be no more referrals from solicitor A who has instructed him or her many times. Or maybe he just doesn’t believe it?

I am sure our readers who work in family law have heard or been involved in an impasse such as this.

A potential solution to this is for the British Psychological Society and other bodies to ensure that a substantial pro bono commitment is part and parcel of membership, and make it accessible to all, including litigants in person?

Remember where you heard it first…

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Regular readers will remember the Mexican stand-off I had with Master Redpath a few weeks back.

Was back in front of him today and had a totally different experience, and in the interests of fairness I thought I should tell you about it.

A very endearing barrister came round and spoke with me. No posturing about ‘I can’t talk with you, as you are only a McKenzie friend’. They spoke with me about the case and we reached a level of agreement about how to proceed.

He then spoke with the Master’s clerk and we got in at the end of the callover. And the extremely busy Master allowed two McKenzie friends in and it was all very civil, as it should be.

I don’t want to name the barrister as they may get ribbed for being so civil, but their name has been noted, and next time a client needs a calm, professional counsel, that person’s name will be foremost in my mind.

The sooner counsel ‘court’ professional McKenzie friends the better it will be for their business.

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Who needs the final series of Lost when we have Lord Hamilton to keep us on the edge of our seats, not knowing what’s coming next?

First it was that McKenzie friends should sit behind and not beside the litigant in person

In preparation for taking the short journey by ferry from Belfast to Stranraer to McKenzie friend, everyone in our office practised being ‘back seat drivers’ . If we had’ve continued with such legal athletics we would likely have ended up with neck strains, arms like Tyson and calf muscles like bison. Have you ever tried to lean forward holding 500 pages in a lever arch file? One of our guys suggested a fitness test should be compulsory if planning to work in Scotland. How we laughed!

Not content with the Herod-esque attempt to kill McKenzie friending in Scotland in its infancy, the legal elite in the person of Lord Hamilton decided that if they couldn’t stop McKenzie friending totally, they would discourage people from assisting personal litigants by making it law that McKenzie friends can’t receive payment for their services in Scotland.

Worryingly for those interested in true access to justice the restriction at 5 (iii) should mean that no-one can receive payment for McKenzie friending in Scotland…and I mean no-one. That would include employees of any of the many excellent Scottish groups that potentially provide services to litigants in person such as the CAB, as I fail to see how an employee of one of these organisations is exempt from 5 (iii)?

The no payment angle was part of Ian Hanger QC’s submission to the Committee, and I am sure the committee were delighted to see such a notable as the original McKenzie friend say ‘HE’S LAY – SO YOU CAN’T PAY!….

‘HURRAH!!’ must have come the paternal and protectionist noises from the massed ranks of the legal profession and their brother and sister judges. The beginning of the end for some of them had been postponed, and they had just been handed what they thought was the stake that would spear the evolutionary product of McKenzie friends -  the big bad LAY ADVOCATE – the previously unstoppable walking talking action man and woman with moving eyes and mouth.

If this ridiculous restriction on access to justice is allowed to stand in Scotland it will leave only the independently wealthy, retirees, dole-ites and students skiving off uni as potential McKenzie friends. Just as the establishment wants it – an uneducated or transient opposition, unlikely to ever get enough experience to have a strategic influence on the law. It will also mean that our trips to Stranraer will be for pleasure only.

A begrudging, bedraggled vested interest attempt at legal drafting? Prospect of being passed into law with 5 (iii) in its current form? In the negative integers I would say.

Perhaps Lord Hamilton might be assisted by what another extremely highly respected family judge (Mr Justice Munby) said at para. 54 of In the Matter of N (A Child) [2009] EWHC 2096 (Fam)

‘Dr Pelling may be unqualified but he is plainly highly knowledgeable and experienced in such matters and he is entitled to charge, if he can find clients willing to pay his fees, at an hourly rate which can hardly be said to be extravagant when contrasted with the fees one frequently finds being charged to privately paying clients in family cases.’

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Book review ” The InFighters Guide to Divorce ” by Richard Marsden

February 21, 2010

I asked for a review copy of the InFighter’s Guide to Divorce quite some time back, and the author very promptly dispatched it to me. I very promptly misplaced it and only came across it last week under a Hayne’s manual at my office.
The first thing that strikes you is the size of the book, [...]

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Post Traumatic Stress Disorder and Contact – an updated view from the trenches

February 21, 2010

Gosh
Doesn’t social media move fast!
I had hardly had time to post and Tweet about PTSD and contact when someone emailed me on help@mckenziefriend.com to tell me about a case they were involved in where the mother alleged that she had PTSD and couldn’t countenance contact!
More on that story to come when I have it….

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Post Traumatic Stress Disorder and Contact – a view from the trenches

February 21, 2010

Been extremely busy recently with both work and family and haven’t had much time to spend on the blog. Apologies for that. Hopefully normal service will resume.
Now that I am back in Belfast, my phone and Inbox are filling up with the ’same old same old’ of hard done by stories about the Magistrates Courts [...]

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Time for a litigant in person list in Belfast family courts?

January 29, 2010

Had the old Mexican stand-off with Master Redpath yesterday (Thursday), who was sitting in room 2.21 at the High Court in Belfast.
His list had our client, who was a litigant in person listed for 9.30 with the rest of the mentions at call over. The Master and his office were well aware that I [...]

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McKenzie friends and ‘communication’ in Northern Ireland family courts

January 27, 2010

Just thought I would share the following letter with our readers that was sent to both Lady Silvia Hermon MP and Nigel Dodds MP seeking clarification on the law on Northern Ireland in relation to ‘communications’ of documents and other information on Children Order and Matrimonial Causes Order cases.
From: John Junk [mailto:belfast@familycourtsupport.co.uk]
Sent: 22 January 2010 [...]

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Real Fathers for Justice in Northern Ireland meet SDLP at Stormont

January 19, 2010

By their own account RFFJ NI had a successful meeting with the SDLP at Stormont yesterday. I haven’t seen any press release from the SDLP, setting out their commitments but I may just have missed that.
Other groups such as Families need Fathers and Fathers for Justice in Northern Ireland need to take a leaf [...]

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Northern Ireland politicians and others in Contempt of Court for discussing Children Order matters?

January 19, 2010

Having taken some time out to concentrate on political developments in Northern Ireland, most of our original readers will be glad to hear that I am going back to my specialist subject, family law reform. Of course I would like our new readers to stay, but unless the issues I normally blog on affect them [...]

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Kirk McCambley Iris Robinson, Castlereagh Borough Council ‘Rentgate’

January 14, 2010

At long last someone has finally been able to research and run a story similar to an ‘Easter Egg’ placed in one of our posts here
We said:-

The Lockkeepers Inn was packed to the rafters. That isn’t really that hard as it’s quite small inside. On a business front I would say it would be quite [...]

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Kirk McCambley and Iris Robinson, evidence evidence evidence

January 12, 2010

BBC Panorama must be under huge financial constraints given that they pushed out a largely re-badged version of the original BBC Spotlight investigation. (For UK readers BBC iPlayer version of Iris Robinson ‘Spotlight Special’ here, Panorama’s ‘The MP and the Whistleblower’ here and for rest of world YouTube chopped up version starting here .
The original [...]

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Update on Iris Robinson and Kirk McCambley, some original photos

January 10, 2010

Thought I would go and visit the Lockkeepers Inn today in Belfast to see if I could catch a glimpse of Kirk McCambley and sample some of his Iris Irish Stew.
We got fresh Belfast baps with our stew, but the table behind us got two withered dried up baps.
Business was so good in the soft [...]

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Iris Robinson and Kirk McCambley

January 8, 2010

If you don’t know what this post is about and you want to, and live in the UK, click here for BBC iPlayer of last nights Spotlight Investigation into Iris Robinson MP, MLA, Councillor and wife of the First Minister of Northern Ireland.For the rest of you I am assuming you watched the programme.
In a [...]

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RAC refuse to attend with heavily pregnant woman after car becomes stranded in snow

December 23, 2009

****MAJOR UPDATE AT BOTTOM***RAC REPLIES TWICE?****
Not really related to the subject matter of the blog but as I know various news organisations will want some background on this story, I have put it here rather than fielding calls all morning.
Anyone based in the UK will be aware that the AA have accused local [...]

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Real Fathers for Justice speak to Belfast News Letter

December 22, 2009

Real Fathers for Justice are mentioned in an article in the Belfast News Letter today. The online version is here. For those of you who don’t know, the Belfast News Letter is the oldest English language daily newspaper still in publication anywhere in the world, and was  first printed in 1737.
The nub [...]

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