FAMILY JUSTICE REVIEW INTERIM REPORT: RESOLUTION RESPONSE

Resolution welcomed the interim report on the family justice system in England and Wales published by the UK Government’s Family Justice Review Panel and referred to in this blog yesterday.

“We whole-heartedly agree with the Justice Review Panel’s view that long and complicated legal processes are emotionally and financially draining for parents and distressing for children,” said David Allison, Chair of Resolution.

“The report’s emphasis on encouraging separating couples to consider non-court dispute resolution services, and assessing whether they need parenting information, is potentially very positive. As the report seems to acknowledge, it will be important to ensure that mediation is not seen as a panacea for all couples and that other non-court options such as collaborative law are also promoted.”

The Justice Review Panel proposes to make it compulsory for all parties seeking to litigate to first be assessed by a mediator for suitability for a parenting information programme and for use of a dispute resolution service such as mediation. The mediator would then give a certificate to allow a court application.

“It will be very important to ensure that assessments of separating couples are carried out by trained professionals who are familiar with all types of dispute resolution processes,” said David Allison.

The panel does not recommend that dispute resolution be compulsory, but that courts should take into account what attempts have been made to resolve the issue before seeking litigation.

Resolution also warmly welcomed recommendations including the creation of a unified family court, which would include all levels of the family judiciary, and improved judicial continuity to reduce the extent to which families appear before a different judge each time they go to court.

The organisation said that a proposed online information hub for parents must provide clear information on how family lawyers can help resolve family problems and on the full range of available dispute resolution services.

David Norgrove, Chair of the Family Justice Review Panel, is the keynote speaker tomorrow at Resolution’s national conference which is currently taking place in Cardiff.

NEW ONLINE RESOURCE

“Families come in all shapes and sizes. This week is national family week, and as well as celebrating your own family life it is important to remember those families who are experiencing difficult times. As national family week gets underway, Resolution is launching a new online advice centre with information on the legal aspects of splitting up, as well as advice on parenting apart, sorting out money and arranging child maintenance. The advice centre is available via Resolution’s website at www.resolution.org.uk/advice_centre.

The online advice centre is a useful tool with sections on the legal process of splitting up, tips on managing the relationship with your children post‐separation, as well as sections on sorting out child maintenance and other financial arrangements. The information is provided in a wealth of different formats, including video clips, factsheets and FAQs.

LIVING APART TOGETHER

Despite talk of an economic recovery, the recession is still making life hard for couples wanting to move on after divorce. Resolution, says that continuing problems in the housing market are preventing divorcing couples from moving to separate accommodation after their divorce. Selling the family home is often an important step for couples and their families making the transition from one home to two after divorce, but with limited mortgage deals, the increase in unemployment, and one in ten homeowners now in negative equity, selling up or moving on is easier said than done for many couples.

To help people in this situation, Resolution is today launching a series of online hints and tips for couples “living apart together” ahead of a national conference on the credit crunch and family law in London.

Having made the difficult decision to split, it can be incredibly stressful for couples to then have to live together – and to not know when this property limbo will end. That’s why we have launched these useful tips, which are available online, outline some simple practical steps to dealing with debt, property issues and how to cope generally with living with your ex.

Here are some of the tips for couples “living apart together”. For more tips, including those on dealing with debt and property, log onto
http://www.resolution.org.uk/advice_centre/

1. Try to agree some ‘ground rules’ – especially around subjects that are likely to prompt argument. If you can’t do this together – think about using a professional – such as a mediator – to help you to discuss and agree things calmly

2. Get short breaks from one another – a week-end with a friend, a day out or even a short holiday will help you to see things from a fresh perspective.

3. If you can, try to stay cost efficient whilst you are still under the same roof Continuing to share costs in regard to food, housekeeping items etc. will be better than doubling costs unnecessarily.

4. Play fair in regard to new partners or relationships – and don’t expect to use your home as a base for entertaining! – this is particularly important if you are a parent.

5. Don’t lose heart – no recession lasts forever – keep thinking creatively, get specialist advice in regard to finances, property and the lettings market.

COHABITATION LAW REFORM - DELAY MEANS FURTHER INJUSTICES

The Government’s announcement yesterday that it will delay acting on the Law Commission’s proposals for the introduction of legal protection for couples who live together, means continued distress and hardship when their relationships end.

Findings from the British Social Attitudes Survey published by the National Centre for Social Research in January 2008 back the case for urgent reform of the law.

“The government is seriously out of step with public opinion on this issue if it does not act now. The British Social Attitudes Survey revealed that nine out of ten people think that a cohabiting partner should have a right to financial provision if their relationship is a long-term one, includes children and has involved prioritising one partner’s career over the other’s,” said Jane Craig, a member of Resolution’s Cohabitation Committee.

“The present law creates real injustice for many people. Our members frequently see people who face financial hardship and even homelessness as a result of the current law. Any further delay inevitably means further injustice for some people,” said Jane Craig.

The British Social Attitudes Survey revealed widespread confusion over what protection couples that live together have under the law, with 51 per cent of people still believing that cohabiting couples have rights as “common law” spouses – but no such right exists.

A government-funded awareness campaign in 2004 clearly failed to get the message across sufficiently that living together does not provide cohabiting couples with financial rights if their relationship ends, even if they have lived together for many years and have had children together. Instead, these couples face increased insecurity and distress at the time of relationship break up.

At the request of the Government the Law Commission consulted widely on this issue and its proposals for legal reform were published on 31 July 2007.

“The Government must and should act now to ensure an end to the injustices and vulnerability created by the present law,” said Jane Craig.

D DAY

7 January is widely regarded as the day on which most couples file for divorce. Evidence suggests that for many families, far from being a relaxing break, the Christmas holiday is a time of huge stress. Instead of fixing troubled relationships, it can be the final straw.

Add to this the financial strain early January brings, the reality of returning to work, no let up on the cold weather and relationships can come under intolerable pressure.

Acrimonious breakdowns can have a devastating effect on families, especially on children, and should be avoided at all costs.

An estimated one in three marriages ends in divorce - a painful and often long-winded process with significant emotional and financial costs. Collaborative family law is a relatively new process that aims to reduce conflict. It offers an alternative to the traditional divorce process in which couples agree not to go to court and instead work out solutions together.

More and more people are taking the collaborative approach and identify three key benefits; it’s a private process, it’s less contentious than going to court - and therefore less anxiety ridden - and the outcome is often fairer for both parties because they have reached it together.

What’s more, it sends out remarkably positive signals to children who benefit hugely from knowing that their parents are working out their differences together.

Resolution lawyers and mediators can help separating parents to reach agreements without the need for costly court battles.

INDIANA LAW

As this blog entry is about to prove, I know nothing about divorce law in Indiana. Indeed I do not profess to do so. After all there wouldn't be much opportunity to use any knowledge I might have, working as I do in Darlington. That said, there are occasions when a dual qualification in Scottish law (another alien concept) would be extremely useful with the border not so far away. Mind the issues and emotions facing anyone going through divorce are universal, regardless of where in the world they are. Sam Hasler who has paid me the honour of mentioning this blog on various occasions in his own family law blog has indicated that whilst I don’t have much to say about Indiana family law there are still many similarities in the people we both seek to help and the problems they face.

Lately we are being entertained in the new pedestrian heart of Darlington by a variety of musicians. Among the most tuneful of these is a band of men of American Indian origin, dressed in authentic costume including head-dress & buffalo skins. Their act is dominated by musical pipes that replicate the sound of the wind and occasionally they can be seen sitting cross-legged smoking a peace-pipe.

I wonder if the peace-pipe still plays any part in the modern law of Indiana. It could surely be put to good use in the resolution of acrimonious divorce cases, or does Indiana, like the UK, ban smoking in public buildings? I know not, but maybe Sam will tell us in one of his blog entries.

VIVE LA REVOLUTION

Once upon a time I saw a new client. He was an elderly gentleman, immaculately dressed and extraordinarily polite. He was, however, a little hard of hearing and I raised the level of my voice accordingly. Fifteen minutes into the appointment, he leaned forward and whispered “Now we have the formalities over, tell me about this revolution you’re a participant in.”

I was somewhat taken aback, but my brain moved into overdrive. Was this a KGB agent in front of me, perhaps looking to recruit, and does spying for Russia pay well and offer flexi time?

However, my idle speculation was cut dead by the next question as I struggled to stammer a response to the first. “How much do you charge for a public execution?”

I’m still not sure whether he was joking but it seemed he was suggesting that, whilst manning the barricades, I could perhaps secure the disposal of his wife in a slightly quicker way than the divorce court permits.

Needless to say I hastened to explain that the organisation I belonged to was Resolution and that he had clearly misheard the name. The guillotine plays no part in our code of practice and instead he would find in me a solicitor looking to resolve matters without the need for acrimony. Maybe that wasn’t what he wanted or, as I prefer to think, my tactics worked superbly, for a few weeks later he and his wife were reconciled.

PUT KIDS FIRST FOR HAPPY SUMMER HOLS

Plan early and put the kids first. That’s the advice for separated families this summer from Resolution, which says that thousands of children’s summer holidays are ruined each year by warring parents.

For some people, the idea of two summer holidays might seem like a dream come true, but the reality for separated families is often very different.

Putting the children first is the key to happy summer holidays.

Family holidays - whichever parent they are spent with - should be something to look forward to, but for children caught in the crossfire between separated parents who can’t agree on who takes the kids where, summer fun can quickly turn into summer misery.

Resolution has the following advice to help separated couples make summer holidays a success:

• Make your holiday plans early to avoid clashes, arguments and upset later.



• You may no longer be together but you are both still parents and should think about your children’s needs first. Talk about arrangements together, with a view to sharing both the pleasure and the responsibility.



• Don’t ask your children to choose between you. This risks putting the responsibility on them when the adults should make these difficult decisions.



• Do allow children to express opinions about how they want to spend their holidays and listen to their views without putting pressure on them. When you’ve made the decision, explain it to them so they know what’s going to happen.
  Do make sure your children also have an opportunity to spend time with their friends over the holidays.



• Don’t make it a ‘who can book the best holiday’ competition between you and your ex. The likelihood is that what your children will want most of all is an opportunity to spend some time with each parent.

CHILD MAINTENANCE BILL

MPs debated the new Child Maintenance Bill for the first time in Parliament today, and Resolution is lobbying for parents to be allowed to take their own enforcement action.
The Government created a system where the only way to enforce child maintenance was via the Child Support Agency (“the CSA”) – the result is a debt mountain of £3.5 billion in uncollected maintenance.
The Government is promoting voluntary agreements between parents for child maintenance to avoid overload on its proposed new version of the CSA, C-MEC. Resolution says there will have to be a large number of voluntary agreements if C-MEC is not to be overwhelmed.
Yet the Government is not proposing that such arrangements will be enforceable. So couples unable to agree or enforce a voluntary arrangement will still have to go through C-MEC.
If the Government is serious about empowering parents and reducing the burden on C-MEC, they should ensure that those who choose to are free to use the court process to enforce their own maintenance arrangements.
Where the Courts are already examining the minutiae of a family’s finances for the purposes of divorce, the most cost effective and practical course would be to enable them to cover arrangements for child support payments too.