This week we had a seminar about pensions for all our solicitors.
We started armed with matchsticks to keep our eyes open but we certainly didn't need that equipment when the pension specialists explained in great detail why the vast majority of Police and Army spouses accept far less than they should get on divorce in terms of pension entitlement because solicitors don't understand how "uniform" pensions work.
All of us had already been pretty aware of the issues and had been giving our clients the right advice but from now on we're going to be able to really go in guns blazing for clients who want a fair share of that pension and, for our clients who have the benefit of the pension, carefully put our position on the basis of the other side's expectations!!
Wednesday 27 January 2010
Tuesday 26 January 2010
transparency in the family courts
It is beyond my comprehension why Jack Straw is determined to railroad his plans for "transparency" through the system oblivious to the concerns of those who are "users".
A very interesting press release came out yesterday:
News release
11 MILLION - led by the Children's Commissioner for England
Interim research findings published today (22 Jan) by the Children’s Commissioner for England , Sir Al Aynsley-Green, reveal how some children and young people really feel about the Government’s proposal to allow the media to report on evidence from family court proceedings.
The research, which is being carried out by the University of Oxford , shows that most children and young people involved in family court cases would be unwilling or less willing to disclose maltreatment or talk about ill treatment by a parent, express their wishes and feelings and any problems they were having at school with a journalist present. This could seriously impact on a judge’s ability to make difficult and often life changing decisions in their best interests.
Children and young people involved in the Commissioner’s research say they are worried about further humiliation resulting from information about their families being placed in the public arena as this could lead to bullying in schools and communities.
Proposals to introduce new arrangements for the publication of information from family court proceedings, which would enable the media to report these proceedings more widely, are currently being debated in Parliament as part of the Children, Schools and Families Bill. The Commissioner’s interim research findings were passed to parliamentarians this week for them to consider the children and young people’s views during the passage of the Bill.
The evidence gained to date by the Children’s Commissioner also highlights children’s scepticism at the power of the law, and other adults, such as lawyers and judges, to protect their privacy even if a formal ban exists on publishing information where they could be identified.
The children and young people stress the importance of them being told right from the start of the legal process that a journalist may be in court when they are giving evidence, before they discuss any issues. They also feel strongly that judges or magistrates should seek children’s views before deciding whether to admit the media to a hearing about their safety and care.
Sue Berelowitz, the Deputy Children’s Commissioner for England said:
"Our research findings to date are a cause for concern. We support the principle of openness but our overriding consideration is to protect the welfare of children. Transparency can be achieved in other ways such as publishing summaries of anonymised judgements.
"If these children and young people’s concerns fail to be addressed in the Bill, we could be faced with a situation where they are unwilling to speak out during family court proceedings and this could result in their best interests not being met."
The Children’s Commissioner’s final report will be published in the Spring.
ENDS
NOTES TO EDITORS:
1. The Children’s Commissioner’s interim research findings were presented to the Children, Schools and Families Bill Committee on 21 January 2010. The document is attached to this email and on Friday 22 January it can be viewed on the 11 MILLION website: http://www.blogger.com/www.11MILLION.org.uk
2. 11 MILLION is the organisation led by the Children’s Commissioner for England . The Children’s Commissioner for England was established under The Children Act 2004 to be the independent voice of children and young people and to champion their interests and bring their concerns and views to the national arena.
MEDIA ENQUIRIES:
Please contact:
Denise Malcolm on 05511 437 863 or 0844 800 9113
Out-of-hours: 07920 765 454
BUT will Jack Straw take the slightest notice? I doubt it!
--
A very interesting press release came out yesterday:
News release
11 MILLION - led by the Children's Commissioner for England
Interim research findings published today (22 Jan) by the Children’s Commissioner for England , Sir Al Aynsley-Green, reveal how some children and young people really feel about the Government’s proposal to allow the media to report on evidence from family court proceedings.
The research, which is being carried out by the University of Oxford , shows that most children and young people involved in family court cases would be unwilling or less willing to disclose maltreatment or talk about ill treatment by a parent, express their wishes and feelings and any problems they were having at school with a journalist present. This could seriously impact on a judge’s ability to make difficult and often life changing decisions in their best interests.
Children and young people involved in the Commissioner’s research say they are worried about further humiliation resulting from information about their families being placed in the public arena as this could lead to bullying in schools and communities.
Proposals to introduce new arrangements for the publication of information from family court proceedings, which would enable the media to report these proceedings more widely, are currently being debated in Parliament as part of the Children, Schools and Families Bill. The Commissioner’s interim research findings were passed to parliamentarians this week for them to consider the children and young people’s views during the passage of the Bill.
The evidence gained to date by the Children’s Commissioner also highlights children’s scepticism at the power of the law, and other adults, such as lawyers and judges, to protect their privacy even if a formal ban exists on publishing information where they could be identified.
The children and young people stress the importance of them being told right from the start of the legal process that a journalist may be in court when they are giving evidence, before they discuss any issues. They also feel strongly that judges or magistrates should seek children’s views before deciding whether to admit the media to a hearing about their safety and care.
Sue Berelowitz, the Deputy Children’s Commissioner for England said:
"Our research findings to date are a cause for concern. We support the principle of openness but our overriding consideration is to protect the welfare of children. Transparency can be achieved in other ways such as publishing summaries of anonymised judgements.
"If these children and young people’s concerns fail to be addressed in the Bill, we could be faced with a situation where they are unwilling to speak out during family court proceedings and this could result in their best interests not being met."
The Children’s Commissioner’s final report will be published in the Spring.
ENDS
NOTES TO EDITORS:
1. The Children’s Commissioner’s interim research findings were presented to the Children, Schools and Families Bill Committee on 21 January 2010. The document is attached to this email and on Friday 22 January it can be viewed on the 11 MILLION website: http://www.blogger.com/www.11MILLION.org.uk
2. 11 MILLION is the organisation led by the Children’s Commissioner for England . The Children’s Commissioner for England was established under The Children Act 2004 to be the independent voice of children and young people and to champion their interests and bring their concerns and views to the national arena.
MEDIA ENQUIRIES:
Please contact:
Denise Malcolm on 05511 437 863 or 0844 800 9113
Out-of-hours: 07920 765 454
BUT will Jack Straw take the slightest notice? I doubt it!
--
Monday 25 January 2010
Divorces in January?
There was much hype at the beginning of the year by publicity seeking London solicitors suggesting that everyone should be rushing off to their lawyers for divorces in January.
Frankly an overcooked Brussel Sprout or even its aftereffects (or more importantly the inevitable family rows over the festive period) should not lead you to our arms instead.
The clients we do like to see in January are those who separated somewhile ago and have made the New Year Resolution to get their lives sorted out!
I always advise clients that you should not leave it too long after a separation to look at long term financial settlements--people's lives change (and can be manipulated by the unscrupulous to change considerably) and the courts prefer to look at a fair division of the finances as they were around the time of the separation rather than after the husband for example has a new family.
I also tell clients that, whilst instructing us costs a lot of money, where there is a relatively long marriage I can usually be confident that our involvement will save you money in the long term and could save you a great deal of heartache and regret if you settle for less than you should really get or on terms which, without our tweaking, do not do what you think they do.
Frankly an overcooked Brussel Sprout or even its aftereffects (or more importantly the inevitable family rows over the festive period) should not lead you to our arms instead.
The clients we do like to see in January are those who separated somewhile ago and have made the New Year Resolution to get their lives sorted out!
I always advise clients that you should not leave it too long after a separation to look at long term financial settlements--people's lives change (and can be manipulated by the unscrupulous to change considerably) and the courts prefer to look at a fair division of the finances as they were around the time of the separation rather than after the husband for example has a new family.
I also tell clients that, whilst instructing us costs a lot of money, where there is a relatively long marriage I can usually be confident that our involvement will save you money in the long term and could save you a great deal of heartache and regret if you settle for less than you should really get or on terms which, without our tweaking, do not do what you think they do.
Friday 22 January 2010
shelterbox field hospital in our garden!
Stantons the specialist family law firm in Gravesend will have a Shelterbox tent and box in their garden at 24 Wrotham Road Gravesend for most of the week commencing 25th January 2010 and hope to raise enough money to send at least one shelterbox to Haiti before the end of the week.
Shelterbox tents are already being used in Haiti as field hospitals and this is one piece of aid which is getting through.
If you want to know more about Shelterbox or Stantons ring us on 01474 579940 or go to
www.stanlaw.co.uk
Shelterbox tents are already being used in Haiti as field hospitals and this is one piece of aid which is getting through.
If you want to know more about Shelterbox or Stantons ring us on 01474 579940 or go to
www.stanlaw.co.uk
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