The Custody Minefield - a resource for parents and families

Providing information for separating parents and families caught up in child related disputes and involved in the family courts. Our website was recommended by The Times in 2008 and has provided information to more than 100,000 parents. In 2010 alone 40,000 visitors have accessed our pages. We provide a range of resources, including electronic guides, factsheets, template letters / court forms and court documents, research information, and also lobby Government in an attempt to improve post separation outcomes for children and families. (Clicking on buttons, images or red or white underlined text takes you directly to content). 

                 

                  

     

     

More detailed digital books are available to purchase on making an application for Shared Residence, Leave to Remove, and Emergency Protection Orders. Visit our e-guides page.

Our guide on shared residence and shared parenting, for parents wishing to make an application to the court

 

 

Our guide on leave
 to remove, and intended to assist parents who wish to defend against a leave to remove application

 We believe the first guide on Emergency Protection Orders for the general public

A new section is currently being built to provide litigants-in-person (parents unable to afford legal representation) access to case law, with a brief note provided against each case highlighting points may assist in supporting arguments to the court (allowing the litigant-in-person to refer the court to the case law). Where publically available, links are provided so that the case law can be downloaded and printed out to append to statements or skeleton arguments. We also provide downloadable court forms (as PDF files) and template documents (e.g. statement and other documents which may be required in court - in an MSWord format), and template letters to assist in involvement in key aspects of your children's lives (e.g. schooling and medical matters).

     

     

We campaign and lobby on a variety of areas related to family law to improve outcomes for children and assist parents in safeguarding their human rights.

     

      

We also provide a compilation of research supporting arguments in favour of shared parenting, a recommended books section, a papers and speeches page detailing documents/speeches of interest, and a links section to provide you with details of other organisations who may assist you.

     

     

Please report broken links to enquiries@thecustodyminefield.com

COMING SOON...

After another round of scandalous decisions in the courts, we're preparing another round of lobbying to inform the new Westminster MPs of the harm done to children by our out-dated international family law. The judiciary have ignored Parliament, disregarded statute, and set their own social and family policy which has significantly contributed to 'Broken Britain'... you be the judge.

Watch this space... soon the report will be published, and we'd ask you to...

Last year, 58 MPs called for the better protection of children in relocation cases.

Sir Bob Geldof wrote the foreword to our Parliamentary Briefing Report on child relocation. This is his opinion, and one we share:

'How much longer must we put up with the state sanctioned kidnap of our most vulnerable?  Because in effect that’s what “Leave to Remove” amounts to. How much longer do we tolerate the vested interest intransigence of the appalling U.K. Family Justice system? How long before just one of them admit they have got it ALL wrong and apologise to their myriad victims?'

...and yet the judiciary stall, bluster, delay and add more victims. Most in the legal  profession disagree with them, as did experts from 50 countries back in March.

'The court is entirely informed by outdated social engineering models and contemporary attitudes rather than fact, precedent rather than common sense.' Sir Bob Geldof

Real lives, real stories. How Leave to Remove affects the parent left behind

AVAILABLE NOW - Our First 'Quick Guide'

Free to Download - A Quick Guide to applying for an Emergency Protection Order

For circumstances where there is an imminent risk of the children being permanently taken abroad without the other parent's consent.

In these circumstances, time is of the essence. A single page step-by- step guide on how to apply for an Emergency Prohibited Steps Order.

The charity Reunite also provide advice and information for parents whose children have been, or are at risk of being abducted abroad.

Lobbying: We are currently running campaigns to:

1] Overturn the Court of Appeal guidance stemming from the case Payne v Payne, which has impacted on all subsequent relocation related Children Act cases in the years that followed. The guidance is based on flawed and unproven beliefs, whereas compelling research on the adverse impact to children caused by removal from the parent left behind is not given sufficient consideration by the courts (if at all). Also see our Relocation Campaign sister site and our Parliamentary Briefing Report (foreword by Sir Bob Geldof).

2] Repeal section 54 of the Access to Justice Act 1999. This piece of legislation prevents parents from taking matters to the supreme court if the Court of Appeal denies them permission to appeal. Problems come from when there is a need to review the Court of Appeal's guidance, where it goes contrary to the best interests of the child. The Court of Appeal should not be able to block a review of its own guidance by a higher court.

3] Repeal sections 12-19 and schedule 3 of the Legal Services Act 2007. With legal aid funding available to few, and the cost of solicitor assistance being prohibitively expensive for many, a parent should be able to choose who assists them in court, and decide on the level of assistance that they need. The Legal Services Act 2007 makes it illegal for anyone other than a solicitor to give legal advice which limits a parents' Article 8 Human Right to a fair hearing.

4] Repeal sections 11-17 of the Criminal Justice and Court Services Act 2000 and section 7 of the Children Act 1989. The intention is to remove CAFCASS from private family law proceedings. Unless there are serious welfare concerns about children there should be no involvement by children's services (whether court appointed or otherwise) in resolving parents' disputes. Where there are serious welfare concerns, the matter should be governed by public family law protocol and subject to the more robust and timely section 47 assessment and reporting. The state should not unreasonably interfere in family life, and resources should be targetted where children are at real risk of harm.

You can directly take part in our campaigns to repeal family law which, in our opinion, limits or interferes with a right to family life or access to justice in the courts. Visit one of the following links, register on the Government's Your Freedom Website, then rate our proposal for legal reform with 5 stars. Once registered, you can also make your own comments on our proposals:

Stop the appeal court from blocking the review of leave to remove guidance and the proper development of law 

Allow parents to choose who they wish to assist and represent them in court

Limit CAFCASS involvement to those cases where there is real risk of harm to children. Stop unreasonable state interference in family life

Also visit our Lobbying page for more information

 

 

Help us to find Savannah Jade

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Please join us in supporting the Find Savannah-Jade Campaign. Savannah-Jade was taken to Australia two years ago by her mother, and shortly after both disappeared. Steve, her father, has not seen or heard from his daughter since. The courts and Government have washed their hands. Visit the Savannah Jade website, and pass on details to friends and family, particularly if you know people in Australia.

  

Case Law

Freely available case law in family proceedings is limited. Decisions which have been made public by the High Court (Family Division) can be found on the website provided by the British and Irish Legal Information Institute (BAILII).

 


 Please make a donation by clicking the button below to help fund our work, ongoing research, this web site, and our plans for 2010 

Media Enquiries

Address media enquiries to:

enquiries@thecustodyminefield.com

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