We regularly deal with mediation cases where contact and communications have broken down. Parents can be skeptical about whether mediation might work and worry that it might be a waste of time. Typical thoughts can be;
“How long does mediation take?”
“If I mediate, will I be wasting months of time? surely its quicker just to go to Court “
“If I go to mediation, the my former partner will just string things along and I will get nowhere” (more…)
There is an excellent article on the Guardian Website dated 31-12-13. There is a link to the full article below.
The reporter follows the Police and Domestic Abuse Court in Manchester over the holiday period
The Article highlights how difficult it is to break away from an abusive relationship,.
I have reproduced a portion below (more…)
January traditionally sees an increase in enquiries to Solicitors about getting Divorced or Separating
The holiday period is a time when many reflect upon their lives and decide to make changes in the New Year.
Ending a relationship is a momentous and life changing decision, not just for the couple, but also (more…)
Christmas is a family time. It is a time when families gather together. It is a time for sharing and enjoying each others company. It is an especially exciting time for children. Sadly, many children have families, where for one reason or another their parents have separated. The parents of many children live in separate homes. Children will also have full and half siblings living separately.
The Courts will deal with emergencies over Christmas. There is generally a splurge of cases about Christmas Contact before Christmas. Solicitors often deal with increased enquires about Divorce and Separation after the New Year.
Unless there is an urgent issue about the safety of a child, the Courts will not be interested in deciding new cases about a child’s arrangements, over the holiday period.
Parents may still have to sort out the finer details of their arrangements , or problems may crop up over the holiday. Here are some helpful ideas for parents and grandparents;
There maybe unresolved disagreements and arguments between the adults. These can be resolved in the New Year. Focus on your children. Can you both manage a truce? Remember that (more…)
We had a great evening. But the main point of the evening was to allow us to spread the message that Mediation works for families and that Legal Aid is still widely available for mediation. Hopefully the press release (below) will be picked up in the local press.
Press Release 5th December 2013
Here is the press release
***FOR IMMEDIATE RELEASE***
EXETER | DEVON
“Legal Aid is still widely available for Family Mediation” and “Family Mediation allows families to resolve disputes after separation in a cost effective way”
Those were the messages from a gathering of Mediators at Exeter County Court on 4th December 2013.
The event was Exeter’s contribution to Dispute Resolution Week, which has been organised on a national level by members of the Family Mediation Council including Resolution and the Family Mediators Association. There have been events all over the country to remind families of the value of family mediation and the fact that Legal Aid is widely available for family mediation.
In the true spirit of mediation, 10 family mediation services joined together to host an event at Exeter County Court. The event was attended by many local Solicitors and other professionals who assist after family breakdown. Guests of honour were Exeter’s resident family Judge, His Honour Judge Tyzack QC and District Judges Arnold and Waterworth
The participating mediation services were, in alphabetical order;
Several of these organisations have contracts with the Legal Aid Agency and a number take part in the mediator’s rota run at Exeter County Court, aimed at assisting parents in avoiding expensive and drawn out court cases.
His Honour Judge Tyzack QC told the packed audience;
“The Judiciary are very much in favour families resolving their own arrangements and we encourage all families to consider mediation before setting off on Court Proceedings.”
“Legal Aid is still available for mediation and for Legal Advice in support of mediation.”
“We are lucky to have such a broad range of family mediation services in Exeter. Exeter has long been one of the leading centres for mediation in the UK and we would urge families to make greater use of our mediators.”
***Ends***
Notes to the Editor:
There is a website for DR week at www.nationalfamilydrweek.org.uk
Family Dispute Resolution Week is a national awareness-raising week, to raise the profile of alternatives to court for separating and divorcing couples. Members of the Family Solicitors Organisation; Resolution will, across the country be carrying out activities to highlight family Dispute Resolution during the week. The other member organisations of the Family Mediation Council are encouraging their own members to participate in the week, and dispute resolution professionals from ADR Group, the College of Mediators, the Family Mediators Association, the Law Society and National Family Mediation are all getting involved.
When cases go to Court, they have to be decided. The Courts make decisions by applying the Law to a particular set of facts. What the facts are depends on the evidence. Where the evidence is disputed, the Judge will decide what the facts are; what has happened.
The Law is set out in Statute; Acts of Parliament. The main ones we use in Family Law are Children Act 1989 (for children), Matrimonial Causes Act 1973 (Divorce) Family Law Act 1996 (Domestic Abuse). There (more…)
This is the title of the newly published research from Women’s aid on accessibility of Legal Aid following the Legal Aid changes in April 2013.
There is a link at the bottom of the post to the report.
The report is shocking and needs to be read. It says what we all know. This is that victims of abuse are struggling to access legal aid.
I had a recent case where we lost 2 weeks because the MARAC letter used the wrong wording. The (more…)
There is not a computer that you can feed into, the details of your marriage, and which will compute a fair settlement.
The Divorce Law is Matrimonial Causes Act 1973.
Whist there have been amendments since, such as the introduction of pension earmarking orders and pension sharing orders; the basic law still has its limitations in terms of what orders a Court can make.
It is a long time since 1973 and (more…)
The Law which sets out how Divorce and Financial cases are dealt with is the Matrimonial Causes Act 1973,
So far as financial division is concerned, Section 25 is the part of the Matrimonial Causes Act where the principles that the Court applies in deciding cases are set out.
I have reproduced the Section here in Olive italics; my notes are in normal type and grey.
These are the Paramountcy Principle, the No Order Principle and the Welfare Checklist.
I have (more…)
