resolving guardianship and care issues ellis.pdf · tips #3 when you appear in front of the judge...
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Urgent orders
Both now and after 31 March
if the situation is urgent you
can go see a lawyer and if
necessary the lawyer can help
you file your application for
orders and appear for you in
Court but…
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Major changes are ahead
Big emphasis on trying to sort things out without having to go to Court
Court process changes
Major changes on your ability to have a lawyer through that process and if you have to go to Court
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Getting legal advice now
See a lawyer, preferably a Family Court lawyer
You either fund privately or apply to the government
for legal aid through the Ministry of Justice
If legal aid granted the Ministry of Justice pay a fixed
or set fee to the lawyer for work done
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Getting advice from a lawyer
after 31 March
Can still pay yourself to see a lawyer (ie fund the
privately)
How much time the lawyer spends with you depends
on you
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And if I can’t afford a lawyer?
Can apply for Family Legal Aid Service lawyer
3 hours plus 1 hour to help you fill out any applications if out of Court settlement doesn’t work out
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Out of Court mediation
(FDR)Can get legal advice and information before you go
Run by an approved mediator – may be a lawyer or a counsellor or mediator
No lawyers allowed
If you reach agreement can just have it recorded by the mediator or see your lawyer before you sign
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What next? Going to Court
If haven’t had a lawyer before the mediation can
access one and get information (3 hours)
Can’t have a lawyer in the early stages of Court
If you can pay, can get a lawyer to help fill out the
forms
If you have legal aid, lawyer can help (one hour )
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How to make the most of
your lawyer
Write out all the important information
Names, dates of birth, addresses, occupation
A brief summary of what’s happened and why you
need Court orders
Don’t forget to bring the PIP form and the form from
the mediator
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And then…
Lawyer can’t help after you file the papers for the initial stages of Court – only if a judge directs if it looks like it’s going to a hearing
Don’t forget when you file your applications that there is a filing fee $220
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Tips #1
If you’re thinking about filing papers to get Court orders, go and see a lawyer now because things will be different after 31 March
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Tips # 2
Be informed – call the 0800 number, go on the website (or get someone to) and keep asking for help
Remember you are in charge of your case – can’t leave it up to a lawyer – keep your papers tidy in a folder, get an email address if you don’t have one already
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Tips #3
When you appear in front of the judge at the issues conference take someone for support even if they might not be allowed in the Court room
Be prepared – write down what the issues are and what you want the judge to do, take paper and a pen to take notes
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And…
Don’t waffle
Speak clearly, stick to the facts and be clear about
what you want and what you want the judge to do
Listen to the judge and make sure you answer the
questions clearly
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And finally…
Stay in touch with
groups like the
Grandparents Raising
Grandchildren, stay
supported