Posts Tagged ‘parenting’

Our predictions for 2012

Here are our predictions for the field of family law in 2012:
1. We expect to see continued interest in mediation and other forms of ADR, particularly given the increasing costs to individuals of litigation and higher court fees, combined with the increasingly overburdened court system.
2. We expect to see further development of, and governmental support for, methods of ADR particularly in light of the support given to methods of ADR in the Final Report of the Family Justice Review.
3. We may also see an increase in litigants in person, individuals who are unable or unwilling to engage lawyers, preferring to make use of the online divorce tools available to them but who ultimately end up at court. This is likely to lead to delays in the court system with resulting spiralling emotional cost to all concerned.
4. The inability of separating couples to sell their marital home in the current housing slump may encourage couples to stick together for longer. In some cases this may lead to increased pressure and frustration within the relationship making an amicable and negotiated settlement all the more difficult to achieve.
5. We will see the use of arbitration as an alternative method of dispute resolution.
6. We anticipate increased interest in the support available for families which can be accessed outside the court process, including parenting courses like the Parenting After Parting workshops run by our firm. Even today (3 January 2012) we have seen news of a foundation established by Sir Paul Coleridge to defend marriage and reduce the “scourge” within society of family breakdowns through lobbying for family friendly policies, holding seminars and commissioning research into strengthening marriage.
7. Prenuptial agreements will become increasingly popular, with the Law Commission due to report on marital property agreements during 2012.
8. We are likely to see a review of the process of MIAMs following its hurried introduction in April 2011.
9. Potentially more disputes might arise in the area of shared care and applications for international relocation following the case of Re K (Children) [2011]. In particular, we may see separating partners rushing to achieve a strong bargaining position through their involvement with the children or alternatively seeking to relocate before their ability to do so is diminished.
10. Proposed changes to the system of child support following the review carried out by the Child Maintenance and Enforcement Commission will become clearer. There is a danger that the proposals could lead to an increase in child poverty.
11. We are likely to see further development in the practice of micro forum shopping at the time of divorce resulting from recent cases in which courts around the country have given different levels of provision to applicants for divorce in broadly similar circumstances.
12. As individuals find it harder to raise funds for litigation from banks and other sources of finance this may result in fully funded clients becoming prized commodities for some family lawyers, and we may see an erosion by some lawyers of the principle that the client’s interests are paramount.
13. We will begin to see the full impact of the Family Procedure Rules 2010 and hope to see the emergence of a clearer code for all family proceedings.

For enquiries about mediation, collaborative law, litigation or other issues related to family law, please contact us at info@flip.co.uk or call us on 020 7420 5000.

Parenting information programmes should be a government priority says Deirdre Sanders of the Sun

Deirdre Sanders, the country’s most famous Agony Aunt gave the annual Relate lecture today when she reflected on her thirty years of work and her perspectives on British families from answering over six million readers’ letters during this time.  She meets Minister for Families, Tim Lawson next week and asked to identify the one thing in which she thinks Government should be investing, she said her greatest concern was about the process that couples go through when splitting up.  Speaking specifically she referred to the parenting information programmes – saying that they were a good idea and that they worked. 

In 2010, Family Law In Partnership started to provide a parenting after parting programme developed by family lawyers group Resolution under the guidance of American pioneer, Christina McGhee.

“We aim in 4 hours over 2 evenings to help parents grasp the essentials that will enable them to see their children through this transition in a good way,” said Ruth Smallacombe, a trained counsellor and mediator and one of the deliverers of the sessions.  “We aim to provide a relaxed environment for parents to come together and build understanding and skills.  Our experience has been that will lead directly to their managing better the other aspects of separation including the resolution of the finances and the divorce and by focusing on the children, so often these issues can be addressed more constructively and at lower cost.”

Information about the workshops can be accessed by following the links at www.resolution.org.uk/parentingafterparting

Christina McGhee’s guide for parents “Parenting Apart” is published by Vermillion at £12.99

PARENTING AFTER PARTING

One of the many challenges facing couples when they separate is how to co-parent their children.  All too frequently the issues that have brought about the end of the marriage manifest themselves again in squabbles over the children. How often do we hear parents accusing each other of using the children as pawns?

Given that the break up of a relationship is one of the most stressful experiences people can have it is perhaps not surprising that people do not function to their highest capacity during the experience. And yet we expect those same people to function at their highest capacity when it comes to parenting. Perhaps it is unrealistic to expect them to do so without help.

Just as expectant mothers attend National Childbirth Trust (or similar) courses helping them prepare for giving birth, so there are courses being run for separating parents helping them prepare for their lives as separated parents, putting their children at the focal point of their discussions. The courses are practical and give participants the chance to discuss issues and concerns with, and learn from, other people in the same predicament.

The courses are run under the umbrella of Resolution, the national association of family law professionals. Details of the courses can be found at http://www.resolution.org.uk/editorial.asp?page_id=185  along with other useful resources for separating parents and their children.

These “Parenting after Parting” courses are held regularly at the offices of Family Law in Partnership LLP in Covent Garden and presented by our in house family consultants Dominic Raeside and Ruth Smallacombe. The next course is being run over two nights on 30th  June and 7th July 2011. For an application form please contact info@flip.co.uk or ring 020 7420 5000.