Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, said everyone working in “family justice” is operating at the “extent of their capacity”. I would suggest the family courts are in free fall! My experience of women’s attempts to navigate […]
Section 11J of the Children Act 1989. Where a Child Arrangements Order is in place and a party has failed to comply with one of its provisions, without a reasonable excuse, the court can make an order imposing on that party an unpaid work requirement. The burden is on the party alleged to have breached […]
The Ministry of Justice has launched a Consultation into ‘supporting earlier resolution of private family law arrangements’, this being potentially done through mandatory mediation for separating couples. The consultation is open now and closes on 15 June 2023. The Ministry of Justice Press Release states: ……………………………………………… “The move aims to protect children from the damaging […]
I have become more and more frustrated by women’s experiences in the family courts – the cost of an application, the cost of advice, the cost of distress and anxiety, the cost to wellbeing and health, the cost of more applications to enforce or vary a child arrangements, the cost to a woman’s future […]
In family proceedings involving children and where the family court is making a decision on matters that will affect a child, the courts are required to look at the welfare of the child as the paramount consideration. The welfare checklist consists of seven statutory criteria that the courts must consider under the Children Act 1989 […]
Financial abuse can happen to anyone. If you can answer ‘yes’ to one or more of the following questions, you may be experiencing economic abuse. Has your current or former partner ever: stopped you from having the money you needed to buy food, clothes or other essentials, or to pay the bills? dictated how you […]
Children’s voices, their experiences and their realities should never be ignored. The issue of perpetrators of abuse using the concept of Parental Alienation is one of the most toxic developments in family law and a significant barrier to children’s real experiences and voices being acknowledge. The concept stems from the theory of “parental alienation syndrome” […]
The Home Office has published statutory guidance supporting the implementation of the Domestic Abuse Act’s wide-ranging statutory definition of domestic abuse and providing guidance to those working with victims, including the police and local authorities. The statutory definition introduced in the Act incorporates a range of abuse beyond physical violence, including controlling or coercive behavior; […]
Cafcass was set up in 2001 to be the voice of children in family court cases, and to look after their welfare. It employs mainly experienced social workers as “family court advisers” who advise judges in most cases where there are disputes about children, provide advice and support to help the family court and families […]
On 6 April 2022, no fault divorce was introduced in England and Wales. No fault divorce allows couples to bring to an end their marriage or civil partnership without having to blame “or fault” each other for the breakdown of their relationship and marriage. It also removes the possibility of one spouse contesting the divorce, […]