Following my blog back in May about unrepresented families in Court an article this week in the Law Society Gazette again highlights the issue.
Separating parents are giving up on the courts and may take the law into their own hands in trying to see their children, family lawyers have warned.
CAFCASS (Children and Family Court Advisory and Support Service) statistics show there was a 36% fall in private law cases on the same month last year.
Simon Bethel, Chair of Resolution’s children committee, said the figures suggest parents are not finding their way through the ‘maze’ of options regarding their children when they separate.
‘Rather than receiving expert help to try and secure working shared care arrangements for their children, they are giving up,’ he said.
Naomi Angell (chair of the Law Society’s family law committee) said that the lack of access to legal advice and to the courts may mean that while in many cases parents simply give up, in others they may abduct their children.
‘We were always worried that the cuts would mean that out of desperation people would take things into their own hands. I am absolutely certain that children are being denied access to their parents – which seriously undermines the concept of shared parenting being introduced by the Children and Families Bill,’ she added.
However, there is a way forward - Pay As You Go law. If you find that Legal Aid isn't available to help you through the court system or provide advice, you can simply access legal advice and pay as you go along.
This is something that we at Hopkins Law are very keen to promote, so if you think you could be helped in this way, either visit the Pay As You Go page on our website, or give us a call on 029 2039 5888.
Monday, 18 August 2014
Monday, 4 August 2014
Charities warn that domestic refuge provision is at crisis point
Domestic violence refuges are being closed across the country in a crisis that is putting support for the most vulnerable women and children back 40 years, leading charities have warned.
Specialist safe houses for women and children – which were forged out of the feminist movement in the 1970s – are being forced to shut by some local authorities because they do not take in male victims.
In other areas, refuges are facing closure in favour of preventive work and support in the community or being replaced with accommodation provided by housing associations.
The threat comes from a competitive tendering process being adopted by local authorities, which charities say is weighted towards larger housing associations and businesses and ignores the lessons of four decades about the need to provide specialist, therapeutic support in refuges for women forced to flee for their lives.
Key concerns raised by women's groups include:
Councils, however, believe that the way forward lies in better support networks rather than refuges:
Councillor Brenda Dowding, of Cheshire West and Chester Council, says: "We are trying to move away from reactive services to get more proactive, to see if we can prevent the abuse or at least stop it at the point it is detected. When people have gone into refuges they have been there for quite a long time, and that is not desirable because they can become institutionalised."
A spokeswoman for Gloucestershire County Council says: "Where its appropriate its best to support people to stay in their own homes. Where that's not possible we provide a range of accommodation options including temporary accommodation with friends and family and emergency B&B accommodation with support. In the past refuges have not been able to provide support for all victims, particularly male victims."
if you are worried about domestic violence, or need advice on where to find a safe place, please do contact us - Sally Fitzherbert is experienced in dealing with domestic violence issues.
To read the original article, which appeared in The Guardian, please click here.
Specialist safe houses for women and children – which were forged out of the feminist movement in the 1970s – are being forced to shut by some local authorities because they do not take in male victims.
In other areas, refuges are facing closure in favour of preventive work and support in the community or being replaced with accommodation provided by housing associations.
The threat comes from a competitive tendering process being adopted by local authorities, which charities say is weighted towards larger housing associations and businesses and ignores the lessons of four decades about the need to provide specialist, therapeutic support in refuges for women forced to flee for their lives.
Key concerns raised by women's groups include:
- The breakdown of the national network of refuges through local authorities imposing limits on the numbers of non-local women able to stay in them.
- Time limits on length of stay.
- Funding cuts because refuges do not take men.
- Refuges being shut without alternative accommodation being provided.
Councils, however, believe that the way forward lies in better support networks rather than refuges:
Councillor Brenda Dowding, of Cheshire West and Chester Council, says: "We are trying to move away from reactive services to get more proactive, to see if we can prevent the abuse or at least stop it at the point it is detected. When people have gone into refuges they have been there for quite a long time, and that is not desirable because they can become institutionalised."
A spokeswoman for Gloucestershire County Council says: "Where its appropriate its best to support people to stay in their own homes. Where that's not possible we provide a range of accommodation options including temporary accommodation with friends and family and emergency B&B accommodation with support. In the past refuges have not been able to provide support for all victims, particularly male victims."
if you are worried about domestic violence, or need advice on where to find a safe place, please do contact us - Sally Fitzherbert is experienced in dealing with domestic violence issues.
To read the original article, which appeared in The Guardian, please click here.
Monday, 28 July 2014
PM says domestic violence could become a specific offence
David Cameron has said that his Government needs to get to grip on domestic abuse in Britain and make the justice system more “sympathetic” to victims.
Backbench MPs have called for a tough US-style law that would make domestic abuse a specific offence carrying up to 14 years in prison.
The campaign follows on from a successful effort to bring in new stalking laws in England and Wales.
They want a legal framework for domestic abuse allowing police and prosecutors to examine an offender's course of conduct over a period of time, not just an individual incident.
At the moment offenders who attack their partners are prosecuted for individual crimes such as rape or assault.
However if police could take account of the previous abusive behaviour of an offender supporters say more victims would report crimes before violence escalates.
The Prime Minister said: "We are looking very carefully at this, of course domestic violence is a crime if you beat someone, if you abuse someone, if you abuse them psychologically, if you stalk someone, if you threaten, those are all individual crimes.
“There's a question about whether we need to have a specific offence as well - and we're very happy to look at that.
He added: “I think the most important thing with domestic violence is to make sure that the police have the training and the understanding, so that when they get a call, they don't think 'well, it's a domestic, it's inside the house, there's nothing I can do'.
“It's a really important area of crime that we've got to get to grips with in our country.”
A new specific domestic violence offence would be an attempt to protect people who experience violence at the hands of their partners before it escalates to a lethal attack.
If you are worried about domestic violence at any time, please contact us - Sally Fitzherbert has experience with Womens Aid and domestic violence.
If you would like to read the original Telegraph article, please click here
Backbench MPs have called for a tough US-style law that would make domestic abuse a specific offence carrying up to 14 years in prison.
The campaign follows on from a successful effort to bring in new stalking laws in England and Wales.
They want a legal framework for domestic abuse allowing police and prosecutors to examine an offender's course of conduct over a period of time, not just an individual incident.
At the moment offenders who attack their partners are prosecuted for individual crimes such as rape or assault.
However if police could take account of the previous abusive behaviour of an offender supporters say more victims would report crimes before violence escalates.
The Prime Minister said: "We are looking very carefully at this, of course domestic violence is a crime if you beat someone, if you abuse someone, if you abuse them psychologically, if you stalk someone, if you threaten, those are all individual crimes.
“There's a question about whether we need to have a specific offence as well - and we're very happy to look at that.
He added: “I think the most important thing with domestic violence is to make sure that the police have the training and the understanding, so that when they get a call, they don't think 'well, it's a domestic, it's inside the house, there's nothing I can do'.
“It's a really important area of crime that we've got to get to grips with in our country.”
A new specific domestic violence offence would be an attempt to protect people who experience violence at the hands of their partners before it escalates to a lethal attack.
If you are worried about domestic violence at any time, please contact us - Sally Fitzherbert has experience with Womens Aid and domestic violence.
If you would like to read the original Telegraph article, please click here
Monday, 21 July 2014
19,000 more unrepresented parents in courts
More than 19,000 more parents appeared in civil courts with no lawyer in cases about children in the year after legal aid cuts, it has emerged. Legal aid helps with legal costs, such as hiring a solicitor, for people who cannot afford to pay.
Since April 2013, a range of civil cases including custody battles have not qualified for legal aid. In 2013/14 66,388 people had no lawyer in child civil cases in England and Wales - compared to 47,214 in 2021/13.
The Ministry of Justice said there had always been many self-represented people, and mediation funding had been increased.
When the Ministry of Justice made the legal aid cuts it said courts should be a 'last resort', but the figures show the number of child civil cases in courts rose by more than a thousand to 114,000 in 2013/14 compared to the previous year.
A Ministry of Justice spokeswoman said: "We've increased mediation funding as it's often more successful, less expensive and less stressful than going to court. In some cases - such as where domestic violence is involved - court clearly is the only answer and we've made sure legal aid remains available here."
If you would like to read the full article on this issue, please click here
Since April 2013, a range of civil cases including custody battles have not qualified for legal aid. In 2013/14 66,388 people had no lawyer in child civil cases in England and Wales - compared to 47,214 in 2021/13.
The Ministry of Justice said there had always been many self-represented people, and mediation funding had been increased.
When the Ministry of Justice made the legal aid cuts it said courts should be a 'last resort', but the figures show the number of child civil cases in courts rose by more than a thousand to 114,000 in 2013/14 compared to the previous year.
A Ministry of Justice spokeswoman said: "We've increased mediation funding as it's often more successful, less expensive and less stressful than going to court. In some cases - such as where domestic violence is involved - court clearly is the only answer and we've made sure legal aid remains available here."
If you would like to read the full article on this issue, please click here
Monday, 14 July 2014
The rise of the amateur lawyer can be harmful
The Law Society Gazette is this week reporting that MPs have voiced concern over the 'cult of the amateur lawyer' as the heard that thousands of vulnerable people are falling through the net of legal aid funding following cutbacks.
They highlighted as particular concerns the failings of the funding system, complex eligibility rules and forms, an over-restrictive domestic violence gateway threshold and the impact of family legal aid on children who are denied contact with a parent.
MPs warned of the dangers of untrained, uninsured and unregulated professional 'McKenzie friends', who have emerged to fill the gap as people are left without access to proper legal advice and representation.
MPs expressed concern at the growing phenomenon. Conservative MP Steve Brine called it the 'cult of the amateur', which Labour MP Jeremy Corbyn said is a 'dangerous scenario'.
Don't forget that if you have to go to Court, rather than an untrained (uninsured) person accompanying you, it's possible to have a solicitor act as an advocate. We are one of the firms offering this service, so if it's something that is of use to you, please do get in touch.
They highlighted as particular concerns the failings of the funding system, complex eligibility rules and forms, an over-restrictive domestic violence gateway threshold and the impact of family legal aid on children who are denied contact with a parent.
MPs warned of the dangers of untrained, uninsured and unregulated professional 'McKenzie friends', who have emerged to fill the gap as people are left without access to proper legal advice and representation.
MPs expressed concern at the growing phenomenon. Conservative MP Steve Brine called it the 'cult of the amateur', which Labour MP Jeremy Corbyn said is a 'dangerous scenario'.
Don't forget that if you have to go to Court, rather than an untrained (uninsured) person accompanying you, it's possible to have a solicitor act as an advocate. We are one of the firms offering this service, so if it's something that is of use to you, please do get in touch.
Tuesday, 8 July 2014
Pre-nups one stage closer?
Peers have given their backing to a law making it easier for divorcing couples to resolve financial issues and make pre-nuptial agreements binding.
The Divorce (Financial Provisions) Bill, introduced by Lady Deech in February, received its second reading in the Lords recently. It amends the Matrimonial Causes Act 1973 with a provision to make pre- and post-nuptial agreements binding.
The bill would also share the net value of matrimonial property equally between the parties and limit to three years the length of maintenance payments.
Lady Deech said the area 'desperately needs public and parliamentary input' as the law has been developed by judges creating 'uncertainty in application'. It will, she said, reintroduce 'transparency, democracy and understandability' to the law when marriages end.
Under her bill, Deech said there ought to be 'far less need for lawyers,' at least until the point of court appearance, and far fewer court hearings.
'It has the potential to save millions in litigation costs, whether met privately or by the state. It will give a sensible basis for starting mediation and negotiation. It will restore some dignity, certainty, economy and clarity to family law,' she said.
Justice Minister Lord Faulks said the provision to divide property equally may be 'potentially unfair and could cause hardship,' particularly for poorer families with children and the three-year limit for maintenance may also cause hardship and be 'inappropriate for many couples'.
The bill will now be considered by the committee of the whole house.
If you would like to see the original of this article, please click here
The Divorce (Financial Provisions) Bill, introduced by Lady Deech in February, received its second reading in the Lords recently. It amends the Matrimonial Causes Act 1973 with a provision to make pre- and post-nuptial agreements binding.
The bill would also share the net value of matrimonial property equally between the parties and limit to three years the length of maintenance payments.
Lady Deech said the area 'desperately needs public and parliamentary input' as the law has been developed by judges creating 'uncertainty in application'. It will, she said, reintroduce 'transparency, democracy and understandability' to the law when marriages end.
Under her bill, Deech said there ought to be 'far less need for lawyers,' at least until the point of court appearance, and far fewer court hearings.
'It has the potential to save millions in litigation costs, whether met privately or by the state. It will give a sensible basis for starting mediation and negotiation. It will restore some dignity, certainty, economy and clarity to family law,' she said.
Justice Minister Lord Faulks said the provision to divide property equally may be 'potentially unfair and could cause hardship,' particularly for poorer families with children and the three-year limit for maintenance may also cause hardship and be 'inappropriate for many couples'.
The bill will now be considered by the committee of the whole house.
If you would like to see the original of this article, please click here
Monday, 30 June 2014
Free DNA tests used to help speed up Court proceedings
Free DNA tests are being provided to speed up resolution of disputes over the paternity of children, the justice minister Simon Hughes has revealed.
Because of the cuts to Legal Aid last year, family courts are being inundated with people who have no legal representation. Arguments over who the father is can sometimes take up to 3 days, so a simple DNA test could speed up the process. Pilot programmes in both Taunton and Bristol are providing DNA tests free of charge in an attempt to find out if this is a workable solution.
The pilots are also providing free hair tests - used to assess whether individuals have been abusing alcohol or drugs. The purpose is, similarly, to provide clear answers to common allegations and avoid hours of costly legal arguments and delays.
If you don't have a lawyer to represent you, you're known as a 'litigant in person' and it's not uncommon to feel nervous, anxious and stressed without legal support at your side. Lengthy legal arguments over who the father is and whether somebody is, or is not, taking drugs simply make the problem worse.
If you have to go to Court and don't have formal legal representation, remember that we offer an advocacy service - we'll come to Court with you and help you through what can otherwise be a stressful process.
Have a look at our advocacy page and contact us if you think we can help.
Because of the cuts to Legal Aid last year, family courts are being inundated with people who have no legal representation. Arguments over who the father is can sometimes take up to 3 days, so a simple DNA test could speed up the process. Pilot programmes in both Taunton and Bristol are providing DNA tests free of charge in an attempt to find out if this is a workable solution.
The pilots are also providing free hair tests - used to assess whether individuals have been abusing alcohol or drugs. The purpose is, similarly, to provide clear answers to common allegations and avoid hours of costly legal arguments and delays.
If you don't have a lawyer to represent you, you're known as a 'litigant in person' and it's not uncommon to feel nervous, anxious and stressed without legal support at your side. Lengthy legal arguments over who the father is and whether somebody is, or is not, taking drugs simply make the problem worse.
If you have to go to Court and don't have formal legal representation, remember that we offer an advocacy service - we'll come to Court with you and help you through what can otherwise be a stressful process.
Have a look at our advocacy page and contact us if you think we can help.
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