The different Courts within the U.K.

Kings Bench.
European Court Of Human Rights.
upper tribunal.
Judical Review.
appeals.
Family courts.
Queen's Bench.
Superior Courts.
Royal Court of Justice.
Court of Protection.

List Of Court Forms ...

SC001 - Notice to Appeal.

SC002 - Application Form.

SC003 - Notice of objection and
              acknowledgement.

UKSC Form 5 - Bill Of Costs.

List Of Court Forms.

COP GN4 12/17 - Guidance Leaflet.

COP1 - Application Form ( 2 copies).

COP1B - Supporting information for personal
                welfare Applications.

COP3 - Assessment for Capacity Form.

COP5 - Acknowledgement Of Service, this
             must be serviced within 14 days of the
             submitted Application, Notification to
             the Applicant named on the Order and
             who the Application is being made out
             for.

COP9 - If the decision was made without a
             Hearing or it was heard without you
             being present and you disagree with
             the decision you can ask the Courts
             to reconsider the decision made by
             using this Form you have 21 days to
             submit this Form from the date the
             Order was made.

COP14 - Proceedings of the Application to the
               named person on the Application that
               the Application relates to this Form
               must be served within 14 days of the
               submitted Application.

COP15 - Notice to all other Parties other than
               the person named on the Application.

COP10 - Application to the Courts to ask for
               permission to be included and joined
               as a party to the Proceedings.

COP20A - Certificate of Service just for the
                  applicant being Served Notice with
                  the COP14 Form.

COP20B - Certificate of Service for all other
                  Parties Served with the Cop15
                  Form.

COP24 - Submitting Supporting Evidence or
               Witness Statements submit this form
               when opposing an Application
               either submit at the same time
               along with the COP05 Application Or
               within 28 days from the time the
               Notice Was Served.

COP28 - Notice of Proceedings letter sent out
               by the Courts informing all parties of
               the date and time set for a hearing.

COP35 - Asking for Permission to Appeal
               against a decision if the decision was
               made at a hearing this must be done
               within 21 days from the date the
               Order was made.

COP44 - Court Fees Booklet.

FD app1 - Application for an urgent hearing.

Family's do not owe a duty to the social worker under the Human Rights Act. When it comes to matters of human rights it is the social worker as a representing agent/body who owes a duty to the family and must act with a respect for the rights of privacy, family life and expression. The social worker is already interfering with individuals’ under human rights act, article 8 right to a family life and so must ensure they weigh up all the competing rights.

Relevance of the European Convention on Human Rights (ECHR) to UK family law. On 2 October 2000, the European Convention on Human Rights (ECHR) was directly incorporated into UK law due to implementation of the Human Rights Act 1998. This meant that the fundamental rights and freedoms set out in the articles of the ECHR could be enforced with in the British courts. The result is that most UK cases concerning human rights issues no longer have to be fought in the European Court of Human Rights in Strasbourg but can be resolved here.

The Human Rights Act operates three ways, By ensuring that the courts interpret legislation in a way that is compatible with the ECHR. Nevertheless, parliamentary takes precedence over the ECHR due to section 3(2)(b) of the Human Rights Act, which states that where legislation has been granted by parliament but runs contrary to the ECHR then the legislation shall remain valid and effective. But the courts may recommend that the legislation should be amended to prevent continuing breaches of the ECHR. The court is itself a public authority and parties in legal proceedings connected with a divorce or involving children who feel they have been treated unfairly and their Human Rights have been breached can raise the issue during the legal proceedings, rather than having to make a separate application. If there are no court proceedings for example where a decision of the local authority is in question on breaching your human rights then you have grounds to start court proceedings in the UK (rather than in the European Court of Human Rights). Where main legislation cannot be applied in a way that complies with the human rights convention, the courts can make a "declaration of incompatibility", which enables the government to amend the offending law via a fast-track route. The making of a declaration is a matter of judicial discretion and where a law cannot (or will not) be changed the case may then be taken to the European Court of Human Rights.

Although Articles 6 and 8 are particularly significant in divorce proceedings the ECHR guarantees a number of fundamental rights pertinent to family law these are as follows.

Article 2 - The right to life

Article 5 - The right to liberty

Article 6 - The rights to a fair trial. Includes that everyone has the right to a fair and a public hearing before an independent and impartial tribunal by law within a reasonable time, and without excess delays. With the presumption of innocent until proven guilty. Another part of Article 6 is the "confrontation clause", the right to examine witnesses or have them examined and to allow evidence and testimonies of absent parties, even the anonymous or vulnerable witnesses.

Article 8 - The right to respect for private and family life, holds that everyone has the right to respect for their private and family life, home and correspondence except where it is necessary, in accordance with the law, for the protection of the safety, rights and freedoms of others.

Article 10 - The right to freedom of expression

Article 12 - The right to marry and found a family

So in a nutshell.

You lose your case in family court and wish to appeal...

If you ask for permission at the final hearing..

Granted...
District Judge..
Circuit Judge..

Refused...
District Judge..
Circuit Judge...

If you didn't ask for permission to appeal at the final hearing and apply for permission afterwards to The Royal High Court Of Justice.

Granted...

Refused...
without merit...
With merit..

Then you may well think it is game over for you because you can't go on to the supreme courts unless you have had an actual hearing. But this is not strictly true and if your human rights to a fair trial have been breached then you have every right to take it further.

Supreme Court.

The Court Of The European Convention Of Human Rights.
Put an application for an appeal for your rights to a fair trial.

This is a little piece of information that you should all bare in mind with regards to revoking and discharging orders.

Its a little known fact that a child aged 13+ is legally of an age known as gillick competent and where they can apply to discharge or revoke their own orders.

To do this the child simply needs to find a solicitor who deals with family court cases and who is prepared to represent children. Children are entitled to free legal representation all the solicitor needs to do is submit an application using the c2  form asking the courts for permission to hear your case to discharge your own care order and using the form a52 revokation of a care order and to be able to show the court that they understand what it means for them if they are successful  that they have a sufficient enough knowledge to understand the actual proceedings.

my admin jade has advised several children when they want to go home and aren't being listened to and their families have been unsuccessful themselves.

The court has to listen when the child applies because ultimately their wishes and feelings have to be taken into account with all cases for any order including contact etc. This would not work for younger children as they aren't deemed to have the knowledge or mental capacity to understand this but teens are able to do this and they don't need a social worker to do it for them or get the forms. If your child is wanting to return home, is struggling in care, their needs aren't being met or whatever this may be something you could consider with your child.

The difficulty comes when getting info across to the child where supervised contact takes place as they consider s having adult conversations.ultimately the local authority prefer when parents aren't "in the loop or knowing" about what they can do to fight for their children, and don't like when a child is informed of their rights.

Excuses like trying to deliberately destabilise the placement or emotional harm by discussing these things are likely to follow so for that reason its advised that this is not discussed during a supervised contact session, for risk of losing your contact.

This is something all parents and children (of an appropriate age) need to know. Bare this in mind when your child is screaming and fighting to come home.

Social workers can't use your kids as weapons they can't threaten you.

Example: if you dont do this or that we will take kids away ect...

If a professional says they will do something if you dont reach a goal that is legal, but if they threaten you with saying if you dont do something then they will take your kids this is unlawful and illegal. Any threat of harmful doing if you dont comply is extortion. They don't have to carry out the threat for it to be breaking the law just the verbal threat itself is enough and its against the law its illegal Coercion/ extortion. Manipulating a person to behave in a involuntary way by use of pressure or force, threats or intimidation. If the law states if you drink and drink you are going to go to prison that's lawful and legal but to use manipulation this by making you sit in a car park for 6 hours before it wears off then this is extortion.

Remember, Nobody is going to complain because they didn't get arrested but to make you sit there for 6 hours waiting is manipulating extortion.

In the family courts hearings are all held under the secrecy of the closed courts.

There are two different kinds of hearings.

First is held under public law and the second is held under private law.

With public law a perfect example is public law outlines which involves the local Authorities.

With private law it does not involve any other parties and does not concern the involvement of the local Authorities a perfect example being two people separating and the estranged party applying to the courts for a child arrangement order this is private between two people and the courts.

No matter whether it is private or public law it is all under the family courts and is closed the only difference is just one is under public law with the local Authorities involvement and the other is private law between two people and no other outside involvement.

Please refer to the full list of all Local M.P'S in all areas.

Remember even your goodbye contact doesn't always have to be the end.

Things can still be undone even then. So never give up hope or fighting for your children. Even if you can't afford to appeal to the high court of justice please dont lose faith. Get writing to your local M.P !!! No more than 2sides of A4 size paper anything longer than that and chances are they wont even bother to read it. Keep it informative, short and sweet then they will take more time to read it all properly and to take it all in seriously. Ask them for their help. Detail as many points and as much as you can possibly fit in. If they truely feel you have been served misjustice and they feel that you truely have a genuine case then they will call you in for a meeting to discuss things further in more detail. Remember your local M.P can and does have the power to refer you to the bar pro-bono which is now known as "we are advocates" based in chancery Lane, London they don't ask for a single penny to represent you they are a charity only thing you have to pay is for expenses like petrol and parking ect... they are probably the best in the land to represent you because there hearts are in it and not there wallets !!!!

They are now called "we are advocates" Previously known as the 

Bar Pro-Bono ...

Pro-Bono latin term "pro bono publico" meaning free for the public good.

They are solicitors and barristers that work for free!!! they run on charity and donations all you have to pay is there expenses (reprographics, travel, parking ect ect)

There website is:

https://weareadvocate.org.uk

Alternatively Write to them at:

Advocate
The National Pro Bono Centre
48 Chancery Lane
London
WC2A 1JF

DX 188 London Chancery Lane

Opening hours:

9:00 AM - 5:00 PM Monday to Friday

If you would like to drop off your case papers, please ensure that you do so within their opening hours.

Email- [email protected]

They aim to get back to you within 5 working days.

Office number- 020 7092 3960 Lines open Monday, Wednesday and Friday between 10:15 AM - 12.45 PM

Or they have a form online you can fill our using this link:

https://weareadvocate.org.uk/contact_us.html

Here is a useful link to the three best professionals in all areas whether it be law or medical or school issues.

https://threebestrated.co.uk/

This is where you can make EVERYONE accountable for any harm caused to our children even the professionals.