District Judge Peter Glover, who sits in Dartford, has written an excellent review of the impact of breath test devices on contact in family cases – Law Society Gazette 8 September 2014 (www.lawgazette.co.uk). There is nothing wrong with a parent drinking, and that will not stop him or her seeing the child, but if he is unable to care adequately because of alcohol problems contact is likely to be denied. This problem is not just restricted to fathers. Experience shows that many mothers suffer from alcohol and drug abuse. One tool in the armoury is to seek a direction that…
In an excellent article in the Solicitors Journal (www.solicitorsjournal.com) District Judge Robert Jordan highlights the increased risk of court disruption especially in the family court. The article cannot be improved on when it comes to describing the consequences of misbehaviour which can include being taken into custody, a fine or imprisonment so I will focus on avoiding such a disaster. Especially in the family court huge emotion is involved and sometimes as a deliberate tactic one side will attempt to provoke the other into violent shouting, losing temper, etc. which can easily be directed at the judge, in…
Have a look at a very comprehensive article by Austin Chessell in the 12 August Solicitors Journal (solicitorsjournal.com) focusing on the increasing importance of mediation. With certain exceptions one just cannot go to Court, and the Court will not accept the claim unless a mediator signs the children or financial form. It is important, therefore, when going through the mediation process to make sure that the mediator can be contacted rapidly afterwards because his or her signature may be needed very quickly. If mediation breaks down, often a litigant finds the whole thing was a waste of…
Those Scots not entitled to vote, (such as Scottish servicemen serving in Afghanistan) whichever way would to vote, should by this time have been in the High Court in Edinburgh seeking an injunction. There is a strongly arguable case that it is against their Human Rights to be excluded in voting merely by not physically resident being in Scotland at the time of the vote. The Scottish parliament law could easily be struck down A large number of non-Scots such as Germans and Poles can vote, which adds great strength to the argument. Expert advice is readily…
An excellent article by Sarah Balfour in the solicitors Journal (www.solicitorsjournal.com) highlights the increase in the number of pre-nuptial agreements being signed, and in particular by people who have yet to make their first million. Many people entering into these agreement are on their second or third marriage but gradually the perception of a pre-nup being unromantic and affecting the happy day is disappearing. People perceive them now as a way to avoid an expensive legal battle if the marriage breaks down, and of people marrying now it is said that about half will end up in divorce.…
Studies show that married couples are more satisfied with their life after the age of 70 but interestingly overall alcoholism is one of the most common factors causing a breakdown of a marriage with at least one spouse being said to have abused alcohol in 57% of cases. The study does not say whether the other spouse also abuses alcohol, or indeed what alcohol abuse means. A good article by Francis Gibb thetimes.co.uk is worth a read. There are many forms of alcoholism. One involves somebody who says “I could die for a gin and tonic” upon coming home…
There are no winners in divorce or battles over children. “Victory” will not make things any easier with your ex. A judge cannot make people act reasonably or hold your hands forever. A judge can make an Order, but may not want to enforce it for example by locking up a mother for a short sharp shock, which would leave the children alone. The internet is often out of date or written by somebody with a particular agenda. The exception is the Families Need Fathers website which is pretty robust but balanced. fnf.org.uk Children have the rights…
The judge can make various orders such as: a) Sale of the property. b) Transfer of the property. c) Lump sum (immediate or deferred). d) Spousal maintenance (called periodical payments). e) Pension sharing or other pension orders. f) Delayed sale of the matrimonial home giving one party charge, called a Mescher Order, which often solves an awkward housing problem. Often where couples seek a clean break which can have advantages for both sides, when periodical payments are capitalised. This is like valuing an industrial building, by reference to the rent that can be…
This is by no means for everybody. There is one point of view, that sitting across a kitchen table with a bottle of wine or a pot of tea, possibly with a mutual friend, is the best way to thrash these things out rather than go round and round through lawyers, each round of emails and letters costing £100 a time. Unfortunately it takes two to tango. In practice very few people who genuinely want to settle need mediation, and those who genuinely do not want to settle will not settle via mediation. The current trend is…
Litigants in person often expect that the judge will cut them plenty of slack when it comes to not complying with Court rules such as having the right bundle. With the withdrawal of legal aid, however, judge’s attitudes are hardening, because there are so many LIP, but there is some way of getting help which is often overlooked. If the opponent has a solicitor it should be remembered that that solicitor is an Officer of the Court and has a duty to help litigants in person. The Law Society Gazette www.lawgazette.co.uk reminds us of this in a helpful article…
