Wednesday 30 December 2015

Additional funding set for post adoption support in 2016/17

Children & Young People Now reports that Local Authorities are set to be given additional funding to provide support for adopted children.

The Department for Education has told Adoption UK to expect a rise in the £19.3m figure that was provided for the current 2015/16 fund.

The Adoption Support Fund (ASF) is available for councils to apply for funding, to provide numerous services to help adopted children recover from previous experiences - such as: cognitive therapy, play and music therapy, and intensive family support.

Since the fund was established, around 1,800 applications have been approved for support for around 2,000 children.

The Department for Education is set to make an announcement in the New Year concerning exactly how much the ASF is set to receive during 2016.

Wednesday 16 December 2015

Update on the 'no fault divorce proposal'

I have been away from blogging for a while - apologies if you have missed me.

Picking up from an October post regarding a ‘no fault divorce’ proposal that was put froward by the Conservative MP - Richard Bacon, it seems as though this is gaining some momentum.  The bill is to receive it’s second reading at the end of January.

Resolution chair Jo Edwards commented:

”We are pleased to see Richard Bacon's bill having a second reading. If MPs are serious about reducing family conflict and the trauma that can be caused by divorce, I would urge them to support the bill as a welcome step towards removing the requirement of fault from divorce.

The article - that is covered in full in Family Law week - details the published research by Resolution (YouGov June 2015) that shows that the fault based nature of divorce in England and Wales has driven 27% of divorcing couples to make false allegations in court.  This relates to data on those divorcing within two years of a marriage breakdown.

The research also highlighted that 52% of divorce petitions were fault-based, alleging either unreasonable behaviour or adultery.

It will be interesting to see how the discussions on the proposals go when MP's debate it on 22nd January 2016.

Tuesday 27 October 2015

Public inquiry called for by domestic violence victims’ family

A review into how the police handled the investigation of the murder of a woman and her child by her violent ex-partner has been called by the family of the victims.

In 2010 Rachel and her son Auden Slack were both stabbed to death in their home by her ex partner and father of Auden.  Rachel had before then, repeatedly told police that she feared for her life.

Reported in full in The Guardian, Melony Slack, Rachael’s sister-in-law, said the family were now urging people to support a call for a public inquiry into the state’s handling of domestic violence, led by the domestic violence charity Refuge.  Giving comment Melony said “Our family’s great comfort is we may be able to help others,”… “But the phrase ‘lessons have been learnt’ is no consolation unless you see the effects of those lessons. The numbers of women being killed have not gone down and Jean, Rachael’s mother, says she wants no one else to have to go through what she has been through.”

Sandra Horley, the chief executive of Refuge, said;
- A comprehensive and national review into domestic violence was necessary
- Two women are killed by a current and former partner every week
- One in four women will experience domestic violence in their lifetime

“Those figures have not changed for 10 years,” she commented. “We have had endless reviews into individual tragedies but to really find out what is going wrong we need a national response to a national problem.”

I will be very interested to see what comes from these calls.  Domestic violence is an intolerable criminal act and it should be that everybody feels safe in the knowledge that the policing and laws surrounding it, will protect them.

Our specialist team are very experienced with domestic abuse cases and provide expert, reassuring and friendly legal advice whatever your circumstances.  Should you wish to speak confidentially to a member of our domestic violence team, please call us on: 029 2039 5888

Thursday 15 October 2015

‘No fault divorce’ on its way?

The Conservative MP Richard Bacon has put forward a proposal to amend the family law to allow couples to say there was no fault for the relationship break up.

The current law means that married couples who want to separate have to provide the courts with evidence of adultery, unreasonable behaviour, desertion or separation without consent.

Arguing that he did not want to make divorce ‘easier’ but instead stating his Bill would allow couples to break up without ‘throwing mud’ at each other, Mr Bacon went on to say: ‘I propose one simple amendment to the law - the option of divorce without blame - where a petitioner who wished to do so, rather than offering the court one of the five facts currently required of adultery, unreasonable behaviour, desertion etc, could instead satisfy a court a marriage had broken down irretrievably with a sixth fact.’

MPs passed the first reading of Mr Bacon’s ‘No Fault Divorce Bill on Tuesday.

I will keep an eye on this interesting proposal - anything that gives a different angle on ‘blame culture’ cannot be a bad thing to explore.

To read the full article from The Telegraph click here.

Tuesday 6 October 2015

Legal right for Grandparents to share parental leave

In the future it could be the case that working grandparents will be able to share parental leave.

The Chancellor has announced the planned changes - which are aiming to be implemented by 2018 - and he is hoping they will increase flexibility and give choice to families.

Evidence suggests:
- Up to 2 million grandparents have either given up work or reduced their hours to help families who cannot afford childcare costs
- Around 7 million grandparents are involved in childcare
- Grandparents may be contributing as much as £8 billion each year to help bridge the childcare gap
- More than half of mothers rely on grandparents for childcare when they first go back after maternity leave

The government will consult on the details in the first half of 2016 and whatever the outcome, I hope the planned changes will only help to support family units so that the best choice of structure can be chosen by those families who work.

To read the full government report click here.

Wednesday 30 September 2015

Mediation increase - stats published by the Ministry of Justice

Statistics have been published for the period April - June 2015 highlighting that:

 - Starts in the last quarter were up by 33% compared with the same period last year.

- Over the last year, of all mediation outcomes, 64% of them involved successful agreements.

- Of these successful agreements, the children category had the highest proportion of its agreements being successful. This was at 67%.

Mediation is especially helpful where a couple disagrees about the future welfare of children or about finances.  The process can help you and your partner maintain your focus so that you are more likely to reach agreement and minimise the pain.

As a trained mediator, I can help you reach agreement about how to make the best arrangements for the future.  Have any questions?  Please email me.

Further details on these statistics can be found in Family Law Week article here
The full Ministry of Justice report can be found here

Friday 25 September 2015

Domestic abuse patterns - advice given to Police

Officers in England and Wales are going to get specialist advice from the new College of Policing guidance, on how to spot patterns of domestic abuse.

David Tucker - head of the college’s crime and criminal justice faculty, said

‘It is the responsibility of the perpetrator to stop the abuse and the responsibility of the police to bring the perpetrator to justice - the victim is not responsible for either.’

Adding that domestic abuse should be pro-actively investigated and that police should be ‘properly trained’.

It will also advise senior officers ‘about the need for specialist staff to deal with cases of abuse and ensure victims receive the best possible support.’

The full article can be found on BBC News here.

This seems a big step forward in educating the police officers that will be involved in domestic abuse cases. As I’ve mentioned before, I am in favour of anything that helps domestic abuse victims feel supported or safe.

If you are worried about any aspect of domestic abuse or maybe even worried about a friend, contact me or Sally Fitzherbert or ring us on 029 2039 5888 to have a chat.

Tuesday 15 September 2015

Adoption register in Wales to be run by the National Adoption Service

Following on from information in my blog post back in August it was announced last week, that after the closure of BAAF - British Association of Adoption and Fostering - that the adoption register in Wales will now be run by the country’s National Adoption Service.

Mark Drakeford - the health and social services minister for Wales commented:
‘As soon as we became aware of BAAF’s plans to close, we negotiated with its administrators to ensure services remained stable for an extra six weeks to support vulnerable children and assist people seeking to foster and adopt.’

It has also been announced that St David’s Children’s society has set up a new body that will offer training, legal advice and an advice line for the public.  This will be known as the Association for Fostering and Adoption Cymru and will look to recruit former BAAF staff.

To read the full details please refer to Community Care article here and should you have any questions regarding the legal aspect of adoption then please feel free to contact me.

Tuesday 1 September 2015

Number of children waiting to be placed into adoption decreases by 40%

Further to my post earlier in August, I was keen to read up on the Adoption Leadership Board’s latest round of statistics covering the first quarter of 2015.  A summary of which is given below:

- 2,810 children were waiting to be placed at 31 March 2015 - a 40% decrease from the same time period in 2014

- In 2013-14, the average number of days between entering care and placement was 594 days. During 2014-15 this was down to 533 days

- The latest quarterly data suggests timeliness is beginning to decline. In quarter 2 2013-14, 50% of approvals made by local authorities were made within 6 months of registration, while in quarter 4 2014- 15 this had decreased to 28% of registrations.

- Registrations to become an adopter have decreased by 23% from 7,450 in    2013-14 to 5,740 in 2014-15. The number of adopter families approved for adoption has increased by 1% from 5,190 in 2013-14 to 5,260 in 2014-15.

To read the full report please click here.

I am a member of the Law Society's Children Panel and am always happy to discuss any matter of child law. Please e-mail me with any questions that you may have.

Tuesday 25 August 2015

Domestic abuse fund now up and running

From 24th August 2015 local authorities will be able to bid for a share of a £3m fund set up to support the victims of domestic abuse.

The fund is now inviting bids for work in 2015 to 2016, led by local authorities working in partnership with service providers.

The full information can be read on the Family Law news page and it details that ‘successful applicants must demonstrate how they will support innovative and cost-effective proposals to deliver accommodation-based services for victims of abuse, and for services to help them access such support. They should also set out how they will further the development of local strategies on tackling domestic abuse and help create sustainable and long-term approaches to providing support for victims.’

It is hoped that the fund will ‘address any gaps in the provision of specialist accommodation-based support, and to provide support for victims seeking to access these services.’

Monday 17 August 2015

Pension savings in the UK

I have recently read an interesting article in the Telegraph regarding pensions and the top places in the world to receive one.  The Melbourne Mercer Global Pensions Index has reviewed the top places, and here is their top 8:

1) Denmark
2) Australia
3) Netherlands
4) Switzerland
5) Sweden
6) Canada
7) Chile
8) UK

Denmark came out on top as schemes are well funded, with good benefits and consumers are protected effectively.

The pension reforms in the UK have been happening for the last three years and are still continuing for smaller businesses - meaning that eventually all employees will automatically be enrolled in a pension scheme.  Though it seems the UK has a little way to go to encourage everybody to proactively think about retirement.

In April 2015 in the UK, we also saw those retiring given free reign to spend their pension savings with one argument being, that a relaxing of the rules allows savers a greater freedom in their later life.

So where do we come in to all of this?  Well, here at Hopkins Law we have a number of people ask us just how these new pension rules affect how individuals can pass pension assets to their family.

Any pension policyholder dying before the age of 75 has the option of passing their pension savings (assuming they have some left!) to anyone they choose.  Their ‘nominated beneficiary’.

Anybody who has any assets should make a Will, so if this is something you think we could help with, please have a chat with our friendly Wills team, just give us a ring on 029 2039 5888 or email our specialist consultant Lynn Wheeldon.

Tuesday 11 August 2015

Volume of calls to National Family Mediation service doubles in the past year

National Family Mediation have in the past year, seen the number of calls to their helpline significantly rise.  With its helpline taking on average 3,400 calls per month from January to June 2015. In contrast the same period last year saw 1,600 calls each month.

NFM CEO Jane Robey commented:
“Couples are increasingly self-researching their options, and this is reflected in the huge increase in calls to dispute resolution specialists…our experience tells us people are cogitating, calculating and considering their next move.  Our experts are helping more families in crisis than ever before and it’s a challenge to meet the soaring demand.’’

Please remember that we offer free advice clinics.  We appreciate that, at times, you may not know whether a solicitor can help you, or how much it might cost.  This is exactly why we have introduced a 'free clinic' at each of our South Wales offices so that you can pop in, pick our brains, and then see if you want to take the matter further.  To discuss all matters relating to Divorce, Separation, Children, Finances and Civil Partnerships pop into our Cowbridge Free Advice Clinic runs on a Thursday from 2pm - 6pm.

Wednesday 5 August 2015

BAAF - British Association for Adoption & Fostering announce changes

Following from an upbeat post of mine published on 21st July, relating to the positive statistics released on adoption successes in Wales. It has sadly been announced this week that the BAAF has now closed in England and alternative providers are being looked at for Wales.

Some of its functions in England have already transferred to the children’s charity and adoption agency - Coram and to a new entity - CoramBAAF Adoption & Fostering Academy.

The following functions will be provided by CoramBAAF:
- Research
- Policy & development
- Membership administration
- Professional advice & professional development
- Publications
- National adoption register for England
- National adoption week
- Adoption activity days

BAAF Wales will continue to trade on a limited basis for a brief period to allow consideration of options to transfer services and staff.

I will keep a close eye on developments relating to this news and if you have any questions regarding the legal aspect of adoption then please contact me.

Tuesday 28 July 2015

Last Will and Testament

In what could turn out to be a landmark decision, it has been ruled by the courts that a Mrs Llott is awarded £164,000 inheritance - a third of her estranged mothers estate - dispite being cut out of her Will.

The story that the BBC covers in full - details how at aged 17, Heather Llott eloped with her future husband and from this moment onward the relationship between her and her mother - Mrs Jackson had soured.

Whilst Mrs Jackson had made it clear in her will that she wanted no element of her estate to be passed to her estranged daughter and had instead instructed it to be passed to three different charitable organisations - Lady Justice Arden said the mother had been ‘unreasonable, capricious and harsh’ and it was noted by the court that no ‘reasonable provision’ had been made for Heather.

Clive Coleman - a BBC legal affairs correspondent gave the following analysis:

Experts say the ruling means you can still disinherit your children but you’ll have to explain why and what connects you to those you do leave the money to.

That’ll make it easier for adult ‘disinherited’ children to challenge wills and claim greater sums by way of reasonable provision.

Aside from the results of this hearing, there are many essential reasons why you should make a Will:

- Unmarried partners cannot inherit from each other unless there is a Will.

- If you have children under the age of 18 you need to make arrangements for guardianship in the event one or both parents die.

- You may be able to reduce the amount of tax payable on the inheritance for your loved ones.

- If you die without making a valid Will, then the Law decides on the allocation of your assets; it may all be left to the Crown!

We have a specialist consultant, Lynn Wheeldon, who will be happy to assist you in the drawing up of a Will or any probate or Trust matter.

You can email Lynn or telephone to the numbers below.

Central Cardiff – 029 2039 5888
Cowbridge – 01446 77 41 51

Tuesday 21 July 2015

Adoptions in Wales on the increase

The National Adoption Service has released a report which shows an increase of both the number of children placed for adoption in Wales and also the number of approved adopters.  Another promising sign is that the length of time it takes for children to be placed with an adoptive family is now at 16.5 months - previously this had been 26 months.

Speaking of what the service has achieved so far, the director of operations - Suzanne Griffiths said ‘’I’m very pleased with what the service has achieved so far; in particular we can see more children being placed more quickly and more adopters approved’’

Alongside this, the launch of the National Adoption Service saw the additional introduction of a Welsh adoption register operated by the British Association for Adopting and Fostering.  Helping match adopters and children that may not be in the same region, this new register ‘helped to facilitate the process for 41 of the 386 children matched to date.’

Hopkins Law specialise in child law, understanding the sensitivity and expertise required when dealing with the interests of matters relating to children - please email me here if you have any questions. 

To read more on the report findings in Community Care please click here

Tuesday 14 July 2015

Departure from equality?

An interesting story in The Telegraph this week speaks of a landmark case where it was concluded that one family’s entire fortune of £550,000 should go to the wife.

Essa Aly had, in 2011 left his wife and moved abroad.  Out of the system of the Child Support Agency and British courts, it was noted that he had not paid anything towards maintenance or child support since 2012.  Lady Justice Macur saying of Mr Aly that he had shown himself to be ‘unwilling to provide any support’.

Explaining the decision Lord Justice McFarlane said ‘there was no realistic expectation of getting further maintenance out of the husband…and…'to give first consideration to the welfare of the two children’.  It was therefore upheld ‘that he had awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yard stick.’

To read the full story on The Telegraph website click here.

Do remember we are here to help with all matters concerning divorce - you can get in touch with me with any kind of query.

Sunday 5 July 2015

GPS tracking devices for domestic abusers?


An interesting pilot scheme is about to be launched where violent partners convicted of domestic abuse are to be fitted with GPS tracking devices to alert their victims when they are nearby.

The scheme will warn people worried about running into an ex-partner when they are in close proximity, allowing them to avoid confrontation, but it will also serve as a deterrent to those abusers unable to control their behaviour when face to face with a former partner.

The scheme is being piloted by Northumbria Police and is voluntary at the moment, but if successful it could be rolled out across other forces and could even be offered as part of a defendant’s bail conditions.

Anything that helps victims of domestic abuse feel more safe is a positive step forward.  It will be interesting to see how this scheme works out.

In the meantime if you are worried about any aspect of domestic abuse or maybe even worried about a friend, contact me or Sally Fitzherbert or ring us on 029 2039 5888 to have a chat.

To read the full article on this story click here:

Monday 29 June 2015

Record number of prosecutions against women and girls

A BBC article this week reports that a record number of people have been prosecuted for offences categorised as 'violence against women and girls', figures for England and Wales show.

A Crown Prosecution Service (CPS) report showed more than 107,000 such prosecutions in the year to April, up 16,000 (18%) on the previous year.

The figures are for crimes 'primarily' against women, but male victims are also included.

The statistics include cases of rape, domestic violence and 'honour' crime.

There is no specific offence of honour-based violence, but it is used by the CPS to describe offences including domestic and sexual violence within families or social groups to 'protect perceived cultural and religious beliefs and/or honour'.

More prosecutions and more convictions are chiefly, it appears, a result of more victims having the confidence to come forward.

It is felt that the increase in the figures may partly be due to the growing use of the internet, which acts as an enabler of crime. In the report, prosecutors said a common theme was the use of the internet to contact potential victims and post indecent images and messages. The 'plus' side of this sinister new phenomenon is that online activity leaves digital traces which can be used by police as evidence.

Nevertheless, the CPS is revising some of its guidance so that prosecutors make the best use of the law to tackle cyber-facilitated abuse and violence.

They'll be reminded, for example, that restraining orders, which are used to prevent victims being harassed in the real world, can also be applied online to stop offenders posting or replying to messages to their victims.

Polly Neate, chief executive of Women's Aid, said the figures showed 'significant progress' had been made in taking domestic violence cases to court.

"This progress must continue until we have a system where women who experience domestic violence have exactly the same level of confidence as victims of other crimes, that they are heard and believed, the system works for them and protects their human right to live free from violence," she said.

At Hopkins Law we have a very experienced team in the field of violence against women. If you are a victim, or know someone who is, please contact us for help.  You can phone us on 029 2039 5888 or email Sally or myself.

Monday 22 June 2015

Court rules that mother can’t use her dead daughter’s eggs

The High Court in London has ruled that a mother cannot use her dead daughter’s frozen eggs because the paperwork was incomplete.

The daughter, named only as ‘A’ in the court case, had her eggs frozen after being diagnosed with bowel cancer at the age of 23.  Her parents say that she had spoken with them about the eggs being used after her death, saying ‘I didn’t go through IVF to save my eggs for nothing’.

Although the daughter consented for her eggs to be stored for use after her death, she did not fill in a separate form outlining how she wished them to be used.

When the mother then sought to retrieve the eggs to seek fertility treatment in the US, the Human Fertilisation and Embryology Authority (HFEA) decided there was insufficient evidence to show the daughter wanted her parents to use the eggs in this way.

The Judge in the case said he was ‘conscious of the additional distress which this will bring to the claimants”.

However, the HFEA said there was no clear evidence A had expressed the wish for her mother to carry her child in the event of her death, saying … ‘the court should be very reluctant to assume that, because this is the proposed course the claimants want, it must inherently follow that it was also what the daughter wanted, in the absence of clear evidence to that effect.’

The mother and her husband could take their case to the Court of Appeal.

This very unhappy situation highlights the importance of instructing professionals - however clear a case you think you may have, it is always, always best to seek legal advice.

If you're unsure as to whether a situation you find yourself in would benefit from our help, just give us a ring or email me.

Monday 15 June 2015

Is it ever right to go on the run with your child?

In the past week you cannot have missed the coverage of the mum who took her son after a custody battle.  Away from the sensationalism of the press stories, I thought it would be worth taking a look at how this all came about and where it went so wrong for the son at the centre of it all.

Rebecca Minnock had a son, Ethan, with Roger Williams,  and when the relationship broke down the parties were awarded joint custody.  However, Ms Minnock did not keep to her side of the arrangement, frequently keeping Ethan away from Mr Williams even though they had both agreed in court to the arrangements.  She also fabricated allegations against Mr Williams in order to ‘frustrate contact’ with his son.

On 27 May this year a district judge ruled Ethan should live with his father after finding Ms Minnock had made false allegations and obstructed contact between the father and son.

It was at this time that Ms Minnock went on the run with Ethan.  She knew, of course, that this was no way to progress anything - and it may well have made matters worse, as the courts will take a dim view of anyone so obviously undermining a court order.

Going forward, it will be up to the courts to decide how best to allow Ms Minnock contact with her son.  The overall  is what is in Ethan’s best interests.

As a Resolution accredited specialist in Children Law, I would have advised Ms Minnock not to take the law into her own hands - the courts have the child’s best interests at heart, and they make their rulings for a reason.  I am also a specialist in the field of child abduction so if you find yourself in Roger Williams' situation, get in touch with me as soon as you can - speed is of the essence.

If you have any children issues that you are concerned about - whether you are a mother, a father or a grandparents, do contact me.

Monday 8 June 2015

'Duped' women head to Supreme Court to overturn divorce settlements

Two women who contend they were ‘duped’ into accepting unfair divorce settlements because their husbands hid assets are heading to the Supreme Court in a bit to get the settlements overturned. If the court rules in their favour, it could pave the way for many more people to seek to re-negotiate settlements and could have far reaching consequences.

The court will decide whether divorce settlements can be re-negotiated if either side is found to have been dishonest, or whether they can only be re-opened if the dishonesty was "material" - meaning it was significant enough to have impacted the settlement decision.

England and Wales, and London in particular, is seen by many as the divorce capital of the world. The reason is that for most marriages of any significant duration, there is a 50/50 split of the couple's wealth.

That means that there is a huge incentive for the person with the wealth not to disclose those assets.
Have the courts have been too tolerant of people not disclosing their assets? If one partner is dishonest should that allow the other partner to re-negotiate the settlement?

In 2010 one of the ex-husbands was convicted of money laundering and jailed for 10 years. At his criminal trial, evidence revealed he had failed to disclose his true wealth in divorce proceedings. However, the Court of Appeal ruled that information that emerged at his criminal trial could not be used to overturn the couple's settlement.

The lawyers for the husbands have stated that the settlements were ‘fair and reasonable.’

Monday 1 June 2015

Loophole following pensions changes

If you are divorced but have a claim on your ex-partner's pension, you might want to be aware of this.

After the pension changes in April, those with pensions can take lump sums out in cash.

However, this has led to an unfortunate and unintended consequence in that if the party with the pension does just that, there may be nothing left to pay out to former partners who were allocated a share of that pension under an earmarking order in a divorce settlement.  Earmarking orders were popular with couples who split up more than 15 years ago - the saver kept control of the pension while the pension income was shared.

A spokesman for the Department for Work & Pensions says “Where people have entered into a legal arrangement to give some of their pension saving to another person, then this must be honoured.’  It adds that it will ‘crack down’ on anyone using the loophole.  It is also looking to change the rules.

Monday 18 May 2015

It's all about gender...

This week, two different stories regarding divorce from the perspective of gender.  Firstly a group of women who feel they have been hard done by in the divorce courts have set up the First Wives Club (not to be confused with the film of the same name starring Goldie Hawn, Bette Midler and Diane Keaton).  This new First Wives Club, led by divorcee Michelle Young, aims to help women whose husbands are alleged to have hidden substantial assets during divorce settlement discussions.

There are some people who believe that the system is stacked against women achieving a fair deal, as men are more likely to be the high earners, and therefore more able to hide their assets.  It is fair to say that it can also happen that the husband simply drags his heels and takes so long that the wife just gives up in favour of getting what they can and moving on with their life, regardless of the legal advice given to her to 'hang on in there'.

On the other hand, this week has also seen the setting up of the first men-only law practice in the UK, presumably as a reaction to the feeling that actually women DO get a good deal through divorce in the UK.  It’s an idea that has come from (where else?) the USA.  There is concern amongst UK lawyers that 'all male' firms will promote a false idea of an unfair legal system.  The firm in question, Cordell & Cordell, goes with the slogan ‘we’re going to help you keep the dollars you earned.”

Presumably the First Wives Club would beg to differ…

Monday 11 May 2015

Surrogacy laws in need of an overhaul

A woman labelled ‘duplicitous and manipulative’ has been ordered to hand her toddler daughter over to a gay couple after tricking them into believing they were entering an informal surrogacy arrangement just so that she could get pregnant.

Ms Justice Russell found that, although there had been no formal written surrogacy agreement, the woman led her long-standing gay friend (who desperately wanted children) into believing she would be a surrogate for him and his partner. Emails produced in court show the conversations from which it was apparent that this was the arrangement.

When the gay couple sought to complete the arrangement and have their daughter, the mother resorted to a smear campaign against the couple, both in court documents and on social media. This led to the ruling, the first of its kind in England and Wales, where Ms Justice Russell ruled that the daughter was “more likely than not to suffer harm” if she were brought up by her obsessive mother rather than by her father and his partner.

Whilst this case is perhaps more sensational than most, it does show the lack of clear law in this area, meaning that the gay couple in this case had to go to court to gain redress.  Ms Justice Russell said that the case exposed the lack of a proper legal framework for surrogacy cases in the UK, unlike in the US where the process is much more formalised.

Although most surrogacy cases do complete amicably, any arrangement is not legally enforceable in the UK if the surrogate changes her mind.

Anyone considering entering into a surrogacy arrangement needs to think VERY carefully and consider all the possible outcomes.

Monday 27 April 2015

Blame free divorce on the way?

Currently in the UK in order to get a divorce you either have to have been living apart for two years, or there has to be fault.  The fault can be ‘unreasonable behaviour’ or ‘adultery’

Now it is being suggested, in a manifesto put forward by Resolution (the organisation representing family lawyers) that blame-free divorces should be introduced, paving the way for a more harmonious divorce process.

The Resolution paper calls for six areas of change in all:

  • Blame free divorce so that the parties can just agree to divorce.
  • A parenting charter - making it clear what separating couples need to do to keep children protected in the time of the divorce or separation.
  • For families to receive the support they need following Legal Aid cuts and changes to service providers like the CMS.
  • Helping people understand how divorce will affect their finances in the future.
  • Making mediation more widely available to enable couples to avoid court.
  • Free initial advice to those separating.

You’ll have noticed, from my recent posts, that we are ahead of the manifesto in that we already offer free initial advice in separation (and childcare) cases.  Simply email me or check out our website for more information.

In the future maybe all divorces can be less fraught, more amicable, and distinctly civilised!

Monday 20 April 2015

Judge stresses need for representation in emotive cases

In a recent case at Medway Family Court, Her Honour Judge Hammerton has said that the absence of legal aid funding had ‘undoubtedly’ placed the father at a disadvantage.

She also highlighted the emotional pressures on self-represented litigants and that if they continued unrepresented they might behave in ways they could later regret as feelings ran high.

The father had been denied Legal Aid funding (following the cuts two years ago) and was seeking to discharge a care order over his 12 year old son.

Another interesting fact to emerge from this case was that it was listed for a three-day hearing, the Judge having noticed that each previous hearing had significantly overrun its allotted time.  This can often happen in cases with litigants in person as further explanations are required and those litigants may not be as succinct as a lawyer could be.

In the event, in this particular case, a Good Samaritan lawyer stepped in to represent the father free of charge, and the proceedings were dealt with in just half a day.

If you find yourself unable to afford a lawyer and facing proceedings in court, there are two ways we can help you:

Firstly, we offer a free advice clinic - for matters around divorce, separation, children, finances and civil partnerships.  This runs on Thursdays in our Cowbridge office from 2-5pm.  If you would like to find out how we can help you with free advice, please email me.

Secondly, we offer an advocacy service where we attend you at court - you can simply pay a fixed rate for one of our experienced advocacy solicitors to accompany you to Court and speak on your behalf.  For further details, have a look at our web site, or email me.

Monday 13 April 2015

Labour makes a commitment to review the Child Maintenance Service

It can't have escaped your attention that there is a General Election looming.  Labour (if it wins) has pledged to review the way the Child Maintenance Service is working.

Child maintenance is financial support towards your child’s everyday living costs when you’ve separated from the other parent.  You and your ex-partner can arrange child maintenance yourself if you can agree. This is called a ‘family-based arrangement’, it is a private way to sort out child maintenance with the parents arranging everything themselves and where no-one else has to be involved.  The Child Maintenance Service is for when you and the other parent can’t agree to a family-based arrangement.

Gingerbread, which offers advice to and campaigns for single parents, has welcomed Labour's pledge.

Gingerbread Chief Executive Fiona Weir said:

"We welcome Labour's commitment to carry out an immediate review of the new Child Maintenance Service and its system of charging.

"Getting regular child maintenance payments can make a huge difference to children, but less than half of separated families have any arrangement in place."

Child maintenance is something that we are involved in through our Family Department.  If you have any concerns or worries in this area, do please get in touch with us.  Remember that we offer FREE advice in our weekly clinics on Thursdays in Cowbridge, so you can just come and pick our brains.  Give us a ring on 01446 774151 to reserve your place in the clinic, or email me

Tuesday 10 March 2015

In sickness and in health?

Research recently published in the Journal of Health and Social Behaviour seems to indicate that husbands are more likely than wives to seek divorce if their partner falls sick.

Although most marriage vows promise to love ‘in sickness and in health’ it seems that this isn’t always the case.

Promising at the altar to have and to hold your loved one, in sickness and in health, may seem like a straightforward pledge.

After tracking 2,700 couples in the US from 1992 to 2010, the American team who completed the study found that divorce levels were roughly the same between healthy couples and those in which the husband suffered sickness.

But when it was the wife who became ill, the likelihood of divorce rose.

There may be various reasons for this:-

  • Financial - if the wife was also earning, suddenly there is a strain on finances so the split then becomes about money, not sickness.
  • Men maybe aren’t so good at being the carer - and maybe the wife realises that she can’t rely on her spouse like she thought she could.
  • Some men simply can’t cope when their wife gets very seriously ill - they may stop working and earning and this will change the relationship.  
  • If the wife has been ill and recovers, the dynamic in the marriage has changed.  I know of one colleague who was very unwell and her husband liked being the breadwinner, the sole provider, and having a quiet compliant wife.  When she got better and found her voice again, he didn’t much like the ‘new improved version with opinions’ and the marriage fell apart.

One party being ill isn’t grounds for divorce, but the changes in behaviour that arise during or after illness may well mean that the marriage is never the same again.

A good reason to keep healthy, methinks!

Monday 2 March 2015

Get a job!

A landmark ruling last week has perhaps ended the expectation that women can stay home indefinitely and be supported by former husbands.

The case, heard in the Court of Appeal, was between Tracey Wright, a 51 year old mother of two and her former husband, millionaire horse vet Malcolm Wright, now 59.  Last year in the divorce settlement Tracey Wright was awarded a £450,000 mortgage-free house and £75,000 a year to cover maintenance and private school fees.

However, Mr Wright took the settlement to appeal, worried that he might not be able to continue to fund this lifestyle once he retires, whilst she made 'no effort whatsoever to seek work'.

Lord Justice Pitchford, sitting at the Court of Appeal, told Mrs Wright to 'just get on with it' and get a job, like 'vast numbers of other women with children'.  He also made it clear that women with 'children over the age of 7' should all make the effort to work.

This ruling will undoubtedly be replicated in courts across the country, and it is expected that a number of ex-husbands will return to court to reduce or cancel their existing maintenance orders.  It is of no matter that the parties in this case were millionaires - the ruling will filter down to you and I too.

If you are currently supported by an ex-partner and feel you may be affected by this, do get in touch.  Remember we have a FREE weekly clinic now so that you can come and find the advice you need without having to part with a penny.  Call 029 2039 5888 for more details.


Monday 23 February 2015

Grandparents' access to grandchildren

Often the people who lose out most in a separation are the grandparents.  They haven't been involved, they're not in the divorce, but they can be left unable to see their grandchildren.

This week Simon Hughes, the Justice Minster, has confirmed in a written parliamentary answer that last year there were seven applications a day by grandparents for a court order to see a grandchild after the divorce or separation of the child's parents.

In law, grandparents sadly have no automatic legal rights.  It would be possible to seek permission to apply for a Contact Order to see the grandchildren, but this in itself would have to be put before the court.  If successful, a Contact Order can then be sought, in which it could be stipulated how often the grandparents would have direct contact (e.g. visits) and indirect contact (e.g. letters, videos etc).  The courts are mindful of the positive impact grandparents can have on children, but are also unwilling to cause further disruption to family relationships.

Legal Aid is no longer available for grandparents, so many just walk away and lose contact.  However, we are able to help and it needn't cost the earth.

If you are a grandparent who feels they are losing, or have lost contact with a grandchild, do give us a ring.  We now have a weekly clinic where you can ask for FREE advice to do with families, children, separation and divorce.  We really can help.  Ring us on 029 2039 5888 for further details.

Monday 16 February 2015

Revenge porn now a criminal offence.

Following on from my blog of last week, revenge porn is now a crime. A new clause in the Criminal Justice and Courts Bill, which obtained Royal Assent last week, specifically forbids "Disclosing private sexual photographs and films with intent to cause distress". It carries a maximum jail sentence of two years - up from six months under other laws previously used to prosecute revenge porn offenders.

However, some things haven’t been tackled - as even if the legislation punishes the perpetrators, it doesn’t help remove the images from the internet. A new government helpline for revenge porn, also launched last week, will offer legal advice on how to remove pictures and may get closer to the heart of the problem.

With the speed and reach of the internet today, the effects of revenge porn on the victim can be devastating - with images shared with family, friends and work colleagues.

If you have been, or fear you might be, the victim of revenge porn then do get in touch with us.  Sally Fitzherbert in our Family Law team will be happy to help you.

Monday 9 February 2015

Helpline launched for victims of revenge porn

Revenge porn is when people upload explicit photos and videos of their ex-partners online without their consent.  Now a revenge porn helpline has been launched to give victims legal advice and information on how to get images taken down.

The idea behind it is to encourage victims to come forward and talk about what's happening confidentially.

Folami Prehaye, the founder of a revenge porn support website - who was a victim herself - says something like this would have helped her massively at the time.

"I felt isolated and embarrassed by what had happened to me," she explains.
"If there had been a helpline around at least I could have talked to someone in confidence."

The National Stalking Helpline, Women's Aid and the UK Safer Internet Centre all say the problem's become more common, with a rise in the number of complaints.

Figures obtained by the Press Association in September 2014 showed girls as young as 11 had been victims of revenge porn.

The majority of the people posting the images were male, with their subjects usually being young females.

Some shared images - sometimes recorded during the relationship - with the victims' family and friends, while others used the footage to blackmail them.

"I set up my website to offer support to victims who made contact with me, and to encourage other women to come forward," says Folami Prehaye.  "Now this helpline will help everyone that needs support and advice."

If you have been a victim of revenge porn and need legal advice, talk to Sally Fitzherbert in our Family Team.

Monday 2 February 2015

Clare's law used over 1300 times in last year

Clare's Law - named after Clare Wood, who was murdered by her ex-boyfriend in 2009 - came into force across England and Wales in March 2014.

At least 1,335 disclosures have been made so far, police figures obtained by the Press Association show.

Miss Wood's father said he was "quietly delighted" the law was being used.

The figures, released following Freedom of Information requests, show there have been at least 3,760 applications under the law so far - resulting in the 1,335 disclosures. The true totals are likely to be higher, as three police forces did not release their statistics.

The figures include both "right to ask" cases - where information was requested - and "right to know" - where police warn potential victims without being asked to do so.

Clare's Law was rolled out in March last year, following a 14-month pilot in Gwent, Wiltshire, Nottinghamshire and Greater Manchester.

Outside the four forces involved with the pilot, Lancashire had the highest number of disclosures at 146, while Norfolk had the lowest, with five.

The police figures show variation between forces in terms of the likelihood of requests being granted - more than 60% of requests in Greater Manchester led to information being released, compared with 11% in Merseyside. Hazel Blears, Labour MP for Salford and Eccles, said this suggested the law was being "applied in different ways".  She also said "I will be writing to the home secretary to ask what is being done to review its use and ensure best practice is shared across the country and the right decisions are made.”

Under Clare's Law, otherwise known as the Domestic Violence Disclosure Scheme, men and women can request information about their partner, or third parties such as friends or relatives can make requests if they are "concerned".

Police and other agencies including social services then consider whether releasing information on someone's past is "necessary, lawful and proportionate" to protect someone from their partner.

Reasons for information not being released include a partner not having a record of abuse offences, or there being no "pressing need for disclosure" based on the information found.

Clare's Law does not apply in Northern Ireland, while a pilot scheme is being run in Scotland.

For the full story from BBC news, click here 

Monday 26 January 2015

Facebook cited in a third of all divorce cases

I have previously warned of the dangers of using social media when you are in the throes of a divorce.  However, you should also be careful BEFORE you get to the divorce stage, however rocky your marriage may be.

Research by a Leeds law firm has found that Facebook is now used in over 66% of all divorce cases - whether it is photographs, proof of where people have been (automatic geo-tagging will let your 'friends' know that you were in a certain restaurant, cafe - or hotel) and details of holidays taken and cars bought being used as proof of a certain level of income.

Whilst it might be to your advantage to have Facebook available in a divorce, just make sure that you're not the one that it gets used against.

Be very careful!

Monday 19 January 2015

Divorce fees not to be increased

At last some good news - the Ministry of Justice has abandoned plans to increase the divorce application fee from £410 to £750 after an outcry over the proposed increase.

The reasons for not going ahead included:

  • There was no justification for an increased fee
  • People would be deterred from seeking a divorce if the fee went up
  • Courts shouldn’t make further profits out of the breakdown of marriages.
  • If the costs were higher, more people would stay in violent or unhappy marriages
  • It could discriminate against women - more women than men seek a divorce so higher fees would have a disproportionate impact on women.
  • Recent reforms to fee remissions mean that fewer people qualify so more would struggle to pay the fee.

Sadly though, the fee isn’t going down - the Ministry of Justice said that a decrease couldn’t be justified “in the current financial climate”.

At least it’s not going up!

Monday 5 January 2015

More parties unrepresented in the Family courts

Statistics released by the Ministry of Justice last week show that the number of cases where neither party had legal representation has risen by 40% since the changes to Legal Aid came into force in April 2013.  This means that neither side had the benefit of a solicitor standing next to them to guide them through what is often already a very stressful process.

We appreciate that lawyers can seem expensive and you may think you can cope on your own - but we do appreciate the costs to you, and so we are always happy to work on a 'pay as you go' basis in order that you can have as much (or as little) advice as you need.  If your divorce is already agreed, including finances and arrangements for your children, you may decide to go to court alone.  However, if there is any argument at all, paying for legal advice could well be good value in the long run and will help protect your rights and interests.

If you or someone you know finds yourself needing to be in court and without representation, do remember that we are here to advise.  Have a look at our website or contact us for more information - we'd like to think we can help you.