Yesterday was another diverse day sitting at the Principal Registry where I dealt with five cases which couldn't have been more different but all about contact with children for separated parents.
The most worrying was about a seven year old who "refused" to see dad though there was no objective evidence to show that this was based on anything other than messages received from her mother.
The Court had made a Family Assistance Order to involve Cafcass in reintroducing contact but Cafcass in their wisdom has allocated the case to a (presumably unqualified)"family support worker" who invited the mother to bring the child into her office but when the mother refused effectively abandoned the FAO and wrote to the Court asking for further Dircetions!
Cases like this need a firm grip by a skilled practitioner and this is one of the many areas where children are now totally failed by Cafcass, whilst Anthony Douglas continues his constant spinning of figures and news.
A second involved a child with extensive special needs where the parents were trying to get to grips with providing a consistent routine and diet in both homes but after a three way negotiating process we put together a communication package that has a good chance of working. That however took well over an hour which fortuitously I had available because another case had collapsed but most days at the PRFD it would be rare to find the extended timeslot that case needed.
It is impossible to understate the role that parents' representatives play in these scenarios. Early realistic child-focused advice can make or break the course that the long term arrangements between all family members can take and it has certainly been my experience that membership of Resolution (the old Solicitors' Family Law Association--a much better title!) is a good indicator of such an advisor.
Tuesday, 16 March 2010
Sunday, 14 March 2010
porn producer may lead Gravesend!
So it's in the Sundays today that our prospective Lib Dem candidate is a former producer of porn films and the Sunday Times suggests that may not make her an appropriate MP.
I beg to differ---producing porn films is in my opinion very similar to representing Gravesend. It requires skills such as working with a very diverse audience with a wide range of different interests and backgrounds, understanding the needs of minorities in the community, recognising opportunities for presenting the same basic scenario in imaginative ways, and being responsive to "the man in the street" or down the alley!
I beg to differ---producing porn films is in my opinion very similar to representing Gravesend. It requires skills such as working with a very diverse audience with a wide range of different interests and backgrounds, understanding the needs of minorities in the community, recognising opportunities for presenting the same basic scenario in imaginative ways, and being responsive to "the man in the street" or down the alley!
Monday, 1 March 2010
a busy month!
February has been a great month for us, updating our website so that it is now informative and gives clients a good picture of us--it's a bit quirky but that probably reflects the firm well!
Our Children Handbook has been launched and we're all really proud of that and we're giving it out to as many clients as possible. If even one child has a better experience as a result of our advice, it will have been worth it.
The client library is up and running so clients can borrow books from us, not only on divorce and separation but some really good books for adults and children on bereavement and I hope that will prove a well-used facility.
Our new children law service is also running, to offer an affordable "dip in and out" option which can work well in Children matters.
I feel that we're now properly responding to the new needs that clients have and hope that word gets round quickly that we really are "a different sort of law firm"!
Our Children Handbook has been launched and we're all really proud of that and we're giving it out to as many clients as possible. If even one child has a better experience as a result of our advice, it will have been worth it.
The client library is up and running so clients can borrow books from us, not only on divorce and separation but some really good books for adults and children on bereavement and I hope that will prove a well-used facility.
Our new children law service is also running, to offer an affordable "dip in and out" option which can work well in Children matters.
I feel that we're now properly responding to the new needs that clients have and hope that word gets round quickly that we really are "a different sort of law firm"!
Tuesday, 9 February 2010
Cafcass "spins" again
I was musing this week on a comment made by the Service Manager of Kent Cafcass at the Kent Family Justice Council last week. We were told (fanfare of trumpets) that Kent Cafcass no longer had a backlog of cases and that in all cases where the Court had Directed that an officer of Cafcass should be appointed/prepare a report, an officer had been allocated.
Closer questioning revealed that this means purely that a name has been pinned to the case but not that the officer has any prospect of starting work on it or even meeting the parties and the children in the foreseeable future.
Political spindoctors seem amateurs compared to some of the "information" emanating from Cafcass.
The saddest aspect is that it is children who suffer most from the delays in the Court process as their lives and the animosity between their parents is not put on hold whilst Cafcass do nothing.
Closer questioning revealed that this means purely that a name has been pinned to the case but not that the officer has any prospect of starting work on it or even meeting the parties and the children in the foreseeable future.
Political spindoctors seem amateurs compared to some of the "information" emanating from Cafcass.
The saddest aspect is that it is children who suffer most from the delays in the Court process as their lives and the animosity between their parents is not put on hold whilst Cafcass do nothing.
Monday, 1 February 2010
children caught in the crossfire.
The Children's Society published research last week which had been undertaken by the University of York (so it has to be good I say as an ex-Yorkie!) which confirmed what parents ought to know but seem to completely disregard ie that children are badly affected by arguments at home and that discord in their home environment causes children distress and depression.
Staying together "for the sake of the children" may not be the right way forward for many families and I do wonder whether parents who are just thinking about separation should come in for advice much earlier, so that they can weigh up their options with a clear picture of likely outcomes, and then decide whether their children would actually be better off with inevitably less money around but also less unhappiness?
Staying together "for the sake of the children" may not be the right way forward for many families and I do wonder whether parents who are just thinking about separation should come in for advice much earlier, so that they can weigh up their options with a clear picture of likely outcomes, and then decide whether their children would actually be better off with inevitably less money around but also less unhappiness?
Wednesday, 27 January 2010
Police and army spouses beware!
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!!
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!!
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!
--
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