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[1 Oct 2010 | No comments | 155 views]
Family Justice Review – proposals for change

Yesterday was the final day for submissions to the new government’s consultation on changes to family law. The EPA’s submission was brief, and simply stated that while the panel appointed to appraise the submissions was made up of representatives of people who earn their living from the Family Law Industry, the review is unlikely to bring about any significant change. Parents need to be part of the review body.
Michael Robinson, the author of the Custody Minefield’s submission, has done a superb job and has produced what I would describe as …

Family Law, Featured »

Using Harassment Law to enforce contact
[24 Jul 2010 | No comments | 539 views]
Using Harassment Law to enforce contact

An alternative approach if the other parent unreasonably stops you seeing your children.
Bring a private prosecution for harassment.
Too often it is the innocent party in domestic disputes who ends up on the wrong side of the law.
Take this common example:
A father comes home from work to find his partner has left and has taken their children. Beside himself with anxiety, he texts her again and again, asking where his children are, are they safe, and when and how he will see them? Shortly afterwards, he is arrested and …

Family Law, Featured »

Review of Leave to Remove law.
[12 Jul 2010 | One Comment | 267 views]
Review of Leave to Remove law.

We need as many people as possible to go to this link and to register their approval.
The issue: The present law allows resident parents to emigrate, and remove a child to another country, unless there is good reason not to. The fact that this will result in the termination of the child’s bonds with the non-resident parent is not generally held to be a good reason to refuse the resident parent leave to remove the child.
All of the research evidence show this practice is contrary to the welfare of children, …

Family Law, Featured »

Excellent new guide to shared residence
[7 Jul 2010 | No comments | 326 views]
Excellent new guide to shared residence

Earlier this year, Michael Robinson, who runs the Custody Minefield web-site, published a report on the adverse impact on children of the current practice of courts granting leave to resident parents to remove children from UK and relocate in a another country. Bob Geldoff wrote a stunning Foreward to the report which captured the attention of the national press.
Mike Robinson has now come up with another coup in the form of an e-guide on shared residence.
It is an invaluable resource for anyone handling their own case through the Family Courts, …

Family Law, Featured »

Government Programme for Family Law Reform
[27 May 2010 | One Comment | 310 views]
Government Programme for Family Law Reform

” We will conduct a comprehensive review of family law in order to increase the use of mediation when couples do break up, and to look at how best to provide greater access rights to non-resident parents and grandparents.”
Here is the full text of the section on Families and Children in the coalition’s published programme for government:
The Government believes that strong and stable families of all kinds are the bedrock of a strong and stable society. That is why we need to make our society more family friendly, …

Family Law »

Taking a child abroad – what about the left-behind parent?
[15 Feb 2010 | No comments | 234 views]

After separation, it appears all too easy for a resident parent to go and live overseas and so prevent the other parent seeing their child again.
The case-law governing “leave to remove” as it is called is a 2001 case, Payne v Payne. Here is the key principle which it established:
“refusing the primary carer’s reasonable proposals for the relocation of her family life is likely to impact detrimentally on the welfare of her dependent children. Therefore her application to relocate will be granted unless the court concludes that it is incompatible …

Family Law »

LIP rate rises to £20 per hour
[30 Jan 2010 | No comments | 211 views]
LIP rate rises to £20 per hour

When someone acts in person without a solicitor, occasionally a court will order that his costs be paid by the other party. He is then able to charge for the time he has spent on the case at £9.24 per hour. This is generally know as the LIP or Litigant in Person rate.
It has remained fixed at £9.24 an hour for 15 years and has not increased with inflation. Now, the Jackson Review of Costs in Civil Proceedings has recommended that the rate should increase to £20 per hour.
The final …

Family Law, Headline, Opinion »

A Presumption of Reasonable Contact?
[14 Apr 2009 | One Comment | 4,843 views]
A Presumption of Reasonable Contact?

We believe family courts should adopt the principle that, following divorce or separation of parents, there is a presumption that both parents will have reasonable contact with their children unless there is a good reason otherwise.
Clearly there is a big difference between one case in which the child and his resident mother, for instance, live a mile away from the non-resident father, and another case in which they live 300 miles away. Because of these differences of circumstances, the exact definition of reasonable contact will vary between cases.
We attach …

Domestic Violence, Family Law »

Abused Father Syndrome
[13 Apr 2009 | 6 Comments | 2,863 views]
Abused Father Syndrome

Why some non resident fathers are pushed over the edge.
If you look up Abused Father Syndrome in any sociology or psychology textbook, you won’t find it, so what is it we are talking about? Could there be such a psychological condition recognised in the future that could be used as a defence or partial defence in the law of provocation?
Abused Father Syndrome (AFS) arises when the victim has been a long and constant sufferer of Domestic Violence (DV) perpetrated by his children’s mother and/or the maternal family over many years. …

Family Law, Opinion »

50:50 Equal Parenting in Belgium
[2 Apr 2009 | No comments | 191 views]
50:50 Equal Parenting in Belgium

In 2006, Belgium introduced laws that make parenting time equal after separation. Listen to Dr Pascal Gallez describing to the Australian radio show, Dads on the air, how this law came about and how it is working in practice http://www.dadsontheair.net/shows/Dads_on_the_Air_2009-03-10.mp3 . The interview begins min.12.36 into the show.