Family Law London Blog

The Home Office has announced that twelve organisations that support male victims of domestic violence and sexual abuse will receive a share of £225,000.

These grants are just one of a range of actions the government is taking to tackle domestic violence. Overall, £28 million will be directed towards specialist domestic and sexual violence services over the next four years to help victims.

In October, the government ran a consultation on a national Domestic Violence Disclosure Scheme, known as ‘Clare’s Law’, and Domestic Violence Protection Orders are currently being piloted in three police force areas to stop offenders from contacting victims or returning to their home for up to 28 days.

The Law Commission has recently announced that, at the request of the Ministry of Justice, it is to undertake a targeted review of two aspects of the law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their partnership.

The Commission will examine the extent to which one party should be required to meet the other's needs after the relationship has ended. It will also consider how what is known as “non-matrimonial property” (acquired by either party prior to the marriage or civil partnership, or received by gift or inheritance) should be treated on divorce or dissolution.

Professor Elizabeth Cooke, the Law Commissioner with responsibility for family law, said:

“We are delighted that the Ministry of Justice has asked us to undertake this very important review. When two people bring their marriage or civil partnership to an end it is vital that the law assists them to resolve their financial arrangements as quickly and fairly as possible. The current law creates too much potential for uncertainty and for inconsistent outcomes. In particular, the extent to which one party should be required to meet the other's financial needs is far from clear. Likewise, there is uncertainty over the treatment of property brought into the relationship or inherited by one of the parties.”

 

A recent survey of divorce lawyers in America has found that people's reliance on their smart phone to organise most aspects of their life has led to the phones becoming a source of evidence to be used in the divorce court.

Around 92% of lawyers questioned said they have seen an increase in the number of cases using evidence taken from iPhones, Droids, and other smart phones during the past three years.

The survey of the American Academy of Matrimonial Lawyers (AAML) also found that 94% of respondents have cited an overall rise in the use of text messages as evidence during the same time period. Only 8% of lawyers said they had seen no change in the use of evidence taken from smart phones during the past three years.

As far as the most common forms of evidence taken from smart phones, text messages hold the top spot at 62%, e-mails follow at 23%, phone numbers and call histories at 13%, with GPS and Internet search histories each sharing 1%.

The Bar Council and Family Law Bar Association (FLBA) have urged the Government to take a considered and practical approach to reforming family law and not to rush to legislate, as it published its response to the Family Justice Review.

Commenting on particular areas of the Government’s response, Nicholas Cusworth QC, Chairman of the FLBA, said:

“There are parts of the Government’s response, which we welcome, such as strengthening the Court’s enforcement rules, for which we have called for some time. Current rules are piecemeal and ineffective, and a cohesive approach to revising them would be a positive step.

“However, there are a number of elements of the Government’s response where question marks remain. On shared parenthood, we agree with the Family Justice Review’s finding that, learning lessons from the Australian experience, legislating on this issue risks creating the perception that there is a right to substantially shared or equal time, for both parents. It is already widely understood and applied by the courts that children benefit from having a relationship with both parents and legislation would be unnecessary and may do more harm than good. The Government must consider this with the greatest of care.

“The Government continues to place great emphasis on mediation. Mediation in private law cases is supported and encouraged, but there will always remain a significant minority of cases that do have to go to court. The extent to which the size of that minority diminishes after the introduction of compulsory mediation is not yet clear. Particularly given the likely increase in the numbers of litigants in person anticipated when the LASPO Bill becomes law, there may be very little reduction (if any) in the numbers of private law cases requiring court intervention.”

The government has announced major reforms to the family justice system which it says will tackle delays, streamline processes and rebuild trust.

According to ministers, the changes in education and the introduction of parenting agreements which the review recommended will help ensure better recognition of the joint role of parents within wider society.

The government has also accepted the need to clarify and restore public confidence that the courts recognise the joint nature of parenting. It therefore intends to make a legislative statement emphasising the importance of children having an ongoing relationship with both their parents after family separation, where that is safe, and in the child's best interests.

The government is mindful of the lessons which must be learnt from the Australian experience of legislating in this area, which were highlighted by the Review and led them to urge caution. It will therefore consider very carefully how legislation can be framed to ensure that a meaningful relationship is not about equal division of time, but the quality of parenting received by the child.

The government has also announced that it will simplify the family justice system to help separating couples reach lasting agreement speedily, if possible without going to court. It will make it mandatory for separating parents who propose court action to resolve a dispute about their child to have an initial assessment to see if mediation is something which would be suitable instead, to help them agree on the arrangements for their child.

It will drive culture change and better cross-system working through the establishment of a new family justice board, accountable to ministers, made up of senior figures representing the key organisations who play a role within the system and who will have a clear remit to improve performance.

Justice Secretary Kenneth Clarke said:

'The reform of family justice and child protection is a critical priority for government. Our reforms are ambitious and system-wide and particularly tackle the crucial problem of delay.

'More use of mediation, more effective court processes and more efficient provision of advice will help to create a family justice system which can better resolve these difficult emotional problems in the best interests of children and families.'

According to the Child Maintenance and Enforcement Commission (CMEC), the cost of administering a typical Child Support Agency (CSA) case can reach around £25,000 over 18 years. More difficult cases can cost around £40,000, or more.

The case costings are based on two real CSA cases where sustained action was required to ensure compliance. The Government’s proposals for the reform of child maintenance are designed to eliminate from the system cases where parents have the potential to collaborate.

Case 1 was a ‘typical’ case, where the non-resident parent (NRP) paid just under £3,000 in maintenance over 19 months. More than 50 hours staff time was devoted to managing the case, including time spent on the telephone to both parents, tracing and speaking to the NRP’s employer, the calculation of four separate maintenance assessments reflecting changes in his financial circumstances and dealing with a complaint by the parent with care through their Member of Parliament.

Additional costs were incurred through the setting up of a Deduction from Earnings Order and instructing bailiffs when the case fell into arrears. The estimated cost to the CSA over this period was approximately £2,000. Over 18 years, a similar typical case would cost the taxpayer up to around £25,000.

Case 2 was a ‘difficult’ case involving multiple legal actions including liability Orders and County Court judgements, two Charging Orders on the NRPs main home and, ultimately, an order for its sale – at which point the NRP volunteered a lump sum payment. The latter action alone cost the CSA almost £10,000. Total staff time and enforcement costs over 18 years – excluding external solicitor’s fees – amounted to around £40,000.

National domestic violence charity Women’s Aid and national stalking charity Network for Surviving Stalking have launched a practical guide for victims of stalking.

‘Digital stalking: a guide to technology risks for victims’ is an important resource for all stalking victims, including the many survivors of domestic violence who are being stalked by an ex-partner. It explains the wide range of technological risks for those being stalked, including use of Spyware on personal computers, tracking devices on mobile phones and tracking of information through social networking sites.

With over 18% of women and 9% of men experiencing stalking since the age of 16, stalking affects a wide range of people. However, stalking by ex-partners accounts for the largest group of victims and women are most at risk from physical assault and fatal harm. 

The guidelines contain practical advice on how to reduce the risk of being stalked online. They can also be used for training organisations which deal with stalking and domestic violence cases, including the police and other key agencies.

 

A woman from Long Island appears to have made legal history by being the first person in the state to be granted a contested no-fault divorce, reports the New York Post.

Previously, in a contested divorce, the partner seeking the divorce had to claim that the breakdown of the marriage was the fault of the other partner e.g. on the grounds of adultery. A legal amendment introduced just over a year ago added a no-fault provision in an attempt to make the divorce process less acrimonious. Under this change, only one partner needed to claim that the marriage had been irretrievably broken for at least six months.

Until now, the provision had only been used in non-contested divorces, however in the case in question, a 79-year-old woman wanted to end her marriage, but her husband didn't. Based on the evidence presented, the judge agreed with the woman that the marriage was irretrievably over, and granted her the divorce despite the objections of her husband.

Justice Secretary Ken Clarke has urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.

Mediation can be a quicker, cheaper and more amicable alternative to court, where couples work through their issues in the presence of a qualified mediator to make arrangements both sides can agree with, rather than putting lawyers and a judge in charge of deciding a couple's future arrangements.

Rules introduced last year mean that separating couples now must complete a mandatory assessment to determine if mediation is a better option for them. The Government has already increased spending on mediation by two thirds, or £10 million, to £25 million each year, to allow separating couples to mediate.

Encouraging separating couples to consider mediation is one of a package of reforms introduced by the Government to encourage people and businesses to take responsibility for their own disputes, rather than turning to the courts. This includes:

• A first major overhaul of the civil justice system in 15 years, which will tackle fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system. Under the proposals more people will be encouraged to use mediation instead of going to a court hearing.
• Government leading by example by signing a new Dispute Resolution Commitment which means all departments and agencies must consider using alternatives like mediation, arbitration and conciliation first before taking disputes to court. This will build on savings of more than £360m made in the last decade.
• Reforming the legal aid system, which is one of the most expensive in the world, so that courts are seen as a place of last resort, not a first choice, and more cases are resolved earlier with different approaches aimed at simpler dispute resolution.

 

Figures released by Sussex police have shown that incidents of domestic violence peaked on Boxing Day and New Years Day.

Over the Christmas period the force received 603 incident calls, an increase on the 578 received over the same period last year. Special patrols were set up under 'Operation Cranberry' to respond to these calls.

Detective Sergeant Daniel Dugan from the force's Protecting Vulnerable People team said; "This was the third year that we operated these force-wide patrols, anticipating that certain days would be particularly busy with calls for help, and again we were sadly proved correct.

"The increase over the holiday period is often down to higher alcohol consumption, combined with families spending more time than usual with each other. Relationships which are potentially abusive may come to a head at this time. Exactly why 26th December and 1st January should feature is not entirely clear but it should be borne in mind that those statistics do cover the period from midnight onwards each day.”

The Ministry of Justice has published statistics on activity in the county, family, magistrates’ and Crown courts of England and Wales. The figures give a summary overview of the volume of cases dealt with by these courts over time, with statistics also broken down for the main types of case involved.

Family cases deal with issues such as parental disputes, child protection cases, divorce and separation, and cases of domestic violence. Volumes of many types of family cases have shown a fairly steady trend in recent years.

Key statistics include:

• There were 30,400 decrees absolute granted for the dissolution of marriage in the third quarter of 2011; a decrease of 1% compared to the third quarter of 2010.
• There were 5,500 domestic violence orders made in the third quarter of 2011; a drop of 14% on the 6,500 in the same period in the previous year. Domestic violence applications decreased 15% to 5,500 in the third quarter of 2011, compared with the corresponding quarter in 2010.
• On matters affecting children, there were 7,700 children involved in public law applications made in the third quarter of 2011, a 28% increase on the same period for 2010.
• There were 30,200 children involved in private law applications made in the third quarter of 2011; a 5% decrease on the third quarter of 2010. The trend in the number of children involved in private law applications has been downward since late 2009.

 

The relationship support charity, Relate, has seen a 116% increase since December in the number of people calling its helpline for relationship support.

Analysis of the calls received has shown that the biggest issues causing relationship breakdown were:

• Arguments  36%
• Affairs  20%
• Sex    9%
• Stress   9%
• Money   7%

The charity has also seen a 60% increase in visitors to their website.

Relate conducted a survey before Christmas and found the most common causes of fireworks over the Christmas period were identified as personality clashes (14%) and not agreeing on what to do over the break (10%). The survey also revealed that people are most likely to argue with their partner (29%) or their children (13%).

Resolution, the association of family lawyers, has issued a warning over the consequences of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill. 

A survey of members undertaken by Resolution found that, according to the vast majority (87%), LASPO would mean that less than 25% of people they currently help would still qualify for legal aid.

The social implications would be considerable: the survey also found that 57% believe a parent risks losing contact with their child in at least half of their cases. Based on the surveyed lawyers alone, this represents well over 4,000 children.

LASPO would also withdraw legal aid from many parents trying to get back children who have been abducted within the UK, even though 91% of those surveyed believe there is a risk of abduction in at least some of their cases.

“It is clear that the Government’s proposed legal aid cuts could bring devastating consequences. Many of those currently eligible for legal aid would seriously struggle to obtain the legal advice and support that could ensure that they continue to see their children after a difficult separation”, said David Allison, Chair of Resolution.

“The changes also risk increasing the nation’s benefits bill. Many of our members say that the majority of their clients would not know what financial settlement they are entitled to, which could see them left dependent on the welfare state and benefits.

“Resolution is committed to the constructive resolution of issues arising from separation, through options such as mediation, and the organisation welcomes the Government’s desire to see fewer family cases going through the court system. However, there needs to be support for those for whom mediation is inappropriate, which, according to the survey, could be in as many as 40% of cases.

“We are concerned that, by focusing so heavily on mediation, the Government will punish those for whom it simply won’t work through no fault of their own – for example, if they have an abusive or uncooperative partner.”

 

The Government has recently launched a consultation, setting out how it proposes to deal with some of the £3.8 billion in unpaid child maintenance.

The government is determined to ensure the new, reformed system chases money more vigorously and prevents arrears escalating out of control again.

Work and Pensions Minister Maria Miller said:

“We must move on from the CSA’s past when debt was allowed to escalate at unacceptable rates. We will collect every penny in unpaid maintenance that we can and continue to chase old debt. It is children who lose out when parents refuse to pay.”

Credit industry data is being used to chase the one in five parents who fail to pay each quarter. If they apply for a new credit card, mobile phone or buy expensive luxury items, caseworkers will be able to locate and pursue them.

As well as tackling current cases, thousands of parents with arrears dating as far back as 1993 are having their cases re-examined. So far, more than 100,000 cases with around £600m outstanding have been identified for possible action. Officials have been locating parents’ new addresses and employer details at the rate of up to around 1,000 per week.

Meanwhile limited powers to write-off uncollectible debt in a small minority of cases, and close some others by agreement, will allow caseworkers to target debt that can and should be recovered for children.

More than 1,000 properties owned by parents with child maintenance debts have now been referred for possible seizure and sale. Orders for Sale have been obtained in 150 cases. Almost £2.5 million has been secured for deduction from parents’ bank accounts since new powers were introduced in 2009. The first half of 2011-12 saw a sharp increase in the number of accounts targeted for possible regular deduction order action.

The Association of Directors of Children’s Services (ADCS) has published a position statement setting out potential changes to the adoption system in response to criticism that it takes too long for a child in care to be permanently adopted.

The Law Commission has made recommendations to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.

Recent research has found that 27% of married or cohabiting couples in Britain argue more about money than anything else.

A recent bulletin from the Office for National Statistics presents annual statistics on divorces that took place in 2010 following court orders, in England and Wales. The figures show that there were 119,589 divorces in England and Wales in 2010, an increase of 4.9%.

A recent study by researchers at Bowling Green State University’s National Center for Family and Marriage Research has found that a majority (61%) of young adults have formed a family by age 25.

The Law Society has welcomed the delay in implementation of new rules governing civil and family legal aid, announced by the Ministry of Justice. The announcement was made in a written statement to Parliament and moves the implementation date from the originally proposed October 2012 to April 2013.