Am I entitled to have my children spend half of their time with me?

When parents separate they obviously have to make arrangements as to how much time their children spend with each of them. Hopefully, they will be able to agree arrangements, but in order to do so they need to know how the law approaches the matter. Parents often have preconceptions as to how the law works,…

I am getting married – should I get a prenup?

A recent survey by the Marriage Foundation, a charity that promotes marriage, indicated that up to one in five couples enter into a prenuptial agreement (commonly abbreviated to ‘prenup’), before they get married. The statistic has been disputed by family lawyers, who consider that it is very high. Nevertheless, it does suggest that more couples may…

How the courts deal with abuse allegations in children cases

It is sadly common that allegations of domestic abuse are raised by one or both of the parties in proceedings between parents over arrangements for their children. Perhaps the most common scenario is where the children live with their mother, their father is applying to the Family Court for contact, and the mother alleges that…

Tech abuse, home working and email applications – June family law news update

Domestic abuse charity launches tech safety website Refuge, the domestic abuse charity, has launched anew website, RefugeTechSafety.org, with dedicated resources for survivors, after seeing an increase in the number of referrals of complex cases of tech abuse. Refuge says that between April 2020 and May 2021, it saw on average a 97% increase in the number of complex tech abuse cases…

Fathers involvement in the justice system, record divorce award and new protections for abuse victims – June family law news roundup

Research looks at fathers in the family justice system A research partnership between the University of East Anglia and Lancaster University has provided new evidence about fathers’ involvement in care and recurrent care proceedings in England. The researchers analysed anonymised family court records for more than 73,000 fathers appearing in care proceedings between 2010/11 and…

Agreements, courts, mediation and domestic abuse – May family law news roundup

The importance of finalising agreements A Family Court case has demonstrated the importance of couples legally finalising financial agreements reached between them on separation or divorce. In the case, the couple agreed on a division of their assets in 2012, but the agreement was never legally finalised, whether by the drawing up of a written…

High Court confirms discussions in mediation are private

Mediation is used by many separating couples as a means of resolving disputes over arrangements for children or finances. To assist the process of mediation the couples are encouraged to speak freely and, in particular, to put forward proposals aimed at settling the dispute. But this can mean that they may say things in mediation…

Is the judge dealing with my case biased?

Concerns about biased judges are often raised in family law. It may, for example, be a concern that a judge dealing with a financial remedy claim on divorce is biased in favour of husbands or wives, or that a judge dealing with a children case is biased against fathers or mothers. General concerns about judicial…

How writing your own statements can jeopardise your case.

Representing yourself at court? Is it wise to draft your own statement? Since legal aid has been limitedly available since 2013, many people are representing themselves at court. The only benefit for people representing themselves is that they save on legal fees. There are many potential pitfalls for people representing themselves, one of which is…

Sharp rise in number of divorces

The latest annual statistics for divorces in England and Wales, for 2019, have been published by the Office for National Statistics (‘ONS’), and they provide some interesting reading. Largest increase since 1972 The headline finding from the statistics was that there were 107,599 opposite-sex divorces in 2019, an increase of 18.4% from 90,871 in 2018,…

Concerns raised over the use of remote court hearings

Since the introduction of social distancing measures in response to the Covid-19 pandemic the family court has widely adopted the use of remote court hearings, in which some or all of the participants take part via telephone or video link. Whilst remote hearings are not entirely new, and whilst it had for some time been intended…

Judge warns against referring family matters to court unnecessarily

As a result of COVID-19 the court is dealing with a backlog of cases and the court system is feeling the strain. You may have a case already waiting to be heard. It’s taking a lot longer for cases to be heard initially and for cases to be listed for hearings overall. The delays are…

What is parental alienation?

  What is parental alienation? When parents separate sometimes a child may resist or refuse to spend time with the non-resident parent. There is no single definition in law with regard to what parental alienation is. Cafcass recognise parental alienation as “When a child’s resistance or hostility towards one parent is not justified and is…

Domestic abuse protection during Covid-19

• Are you being abused by a partner? • Are you not sure if you’re suffering abuse? Domestic abuse affects men & women. Domestic abuse can be.. (Examples) Physical abuse Verbal abuse Financial abuse Sexual abuse Coercive control Harassment Intimidation Stalking… You may feel:- • Frightened and anxious • Isolated from friends & family •…