The Legal Aid and Advice Act 1949 established a scheme of legal aid intended to provide practical equality before the law 'for those of moderate means'. At its height it cost around £2bn annually and was therefore incredibly expensive. In 2012 the Legal Aid, Sentencing and Punishment of Offenders Act 2012 took away legal aid for parties in most family proceedings. Since then, Judges have had to contend with Litigants in Person (LiPs) turning up with a bin liner full of papers and not really knowing what to do. There has been a growing sense of 'something should be done'...
Recently, Sir James Munby, president of the Family Division looked at three cases. In one case, about contact of a child, the father spoke no English, couldn't afford a translator and was therefore unable to cross-examine the social workers involved. In both the other cases the mother accused the father of rape - in these cases, without legal representation, the fathers needed to challenge the accusations against them, and the mothers faced being cross-examined by their alleged assailants.
Legal Aid is still available in some cases where a party has suffered (or is at risk of suffering) domestic abuse and so in these three cases the mothers (and only the mothers) obtained representation. This clearly brought about an inequality in the parties in court which goes directly against the Family Procedure Rules 2010 which requires the court to ensure 'in so far as practicable' that parties are 'on an equal footing'.
Sir James Munby came up with an unexpected solution - 'If there is no other properly available public purse, the cost will have to be born by HM Courts & Tribunals Service'.
At this stage this is simply a recommendation - no Judge has made such an order, and there is as yet no precedent. It seems we continue as we are for the time being, LiPs will continue to struggle and the court system may clog up with unrepresented parties and their bin bags.
If you or someone you know finds yourself needing to be in court and without representation, do remember that we are happy to work on a 'pay as you go' basis for LiPs. Have a look at our website or contact us for more information - we'd like to think we can help you.
Monday, 13 October 2014
Monday, 6 October 2014
Couples converting from civil partnerships will get backdated marriage certificates
The government has confirmed that backdated marriage certificates will be issued to couples converting their civil partnerships to marriages.
After criticism earlier in the year about how conversions were to be carried out, the Government Equalities Office has this week confirmed that a full, backdated marriage certificate will be issued to couples – and not a ‘certificate of conversion’ as previously speculated.
The new marriage certificate has been developed in discussion with the LGBT Consortium and Stonewall and it will be almost identical to a marriage certificate issued without a conversion, but there will be a few necessary differences.
To ensure that there is no doubt that the marriage is to be treated as having subsisted since the date the original civil partnership was formed, as required by the Marriage (Same Sex Couples) Act 2013, the marriage certificate will show the ‘when married’ date as the date the original civil partnership was formed. The certificate will also show the date the conversion took place.
This will ensure that there is no confusion over why the ‘when married’ date could be earlier than the first date it became legal for same sex couples to marry in England and Wales.
Couples in England and Wales will be able to convert their civil partnerships to marriages at registry offices from December 10.
To see the full article which appeared in the Pink News, click here
After criticism earlier in the year about how conversions were to be carried out, the Government Equalities Office has this week confirmed that a full, backdated marriage certificate will be issued to couples – and not a ‘certificate of conversion’ as previously speculated.
The new marriage certificate has been developed in discussion with the LGBT Consortium and Stonewall and it will be almost identical to a marriage certificate issued without a conversion, but there will be a few necessary differences.
To ensure that there is no doubt that the marriage is to be treated as having subsisted since the date the original civil partnership was formed, as required by the Marriage (Same Sex Couples) Act 2013, the marriage certificate will show the ‘when married’ date as the date the original civil partnership was formed. The certificate will also show the date the conversion took place.
This will ensure that there is no confusion over why the ‘when married’ date could be earlier than the first date it became legal for same sex couples to marry in England and Wales.
Couples in England and Wales will be able to convert their civil partnerships to marriages at registry offices from December 10.
To see the full article which appeared in the Pink News, click here
Monday, 29 September 2014
Dating before a divorce is finalised might harm your financial position...
A High Court Judge has recently ruled that if a woman starts a relationship with another man whilst still sorting out the finances during a divorce, it may affect the settlement she receives.
In a case involving a Swansea couple, the husband’s legal team during their ‘routine investigations’ found out that the wife was dating, although not living with, another man. Mr Justice Mostyn reasoned that "She says she is not going to live with him, although it is perfectly clear that the relationship is strong. Relationships like this always are a significant fly in the ointment in the assessment of need. One cannot make assumptions, if it is not full-blown cohabitation akin to marriage, that it will grow into that, because if it does not, the wife may be left stranded if the assumption is wrongly made. On the other hand, if one makes a needs assessment on the basis that she is a single woman and she soon cohabits, then the paying party can rightfully feel significantly aggrieved.”
In this case, and believing that the wife might soon live with her new partner, the Judge awarded £250,000. However, he did say that if she didn’t end up living with him then £250,000 might not be enough.
Unless Judges are going to be equipped with crystal balls, there is no way of knowing how any fledgling relationship is going to turn out.
There’s a lesson to be learnt here - if you’re going through a divorce, be careful about new relationships and, if possible, steer clear until any settlement is finalised.
In a case involving a Swansea couple, the husband’s legal team during their ‘routine investigations’ found out that the wife was dating, although not living with, another man. Mr Justice Mostyn reasoned that "She says she is not going to live with him, although it is perfectly clear that the relationship is strong. Relationships like this always are a significant fly in the ointment in the assessment of need. One cannot make assumptions, if it is not full-blown cohabitation akin to marriage, that it will grow into that, because if it does not, the wife may be left stranded if the assumption is wrongly made. On the other hand, if one makes a needs assessment on the basis that she is a single woman and she soon cohabits, then the paying party can rightfully feel significantly aggrieved.”
In this case, and believing that the wife might soon live with her new partner, the Judge awarded £250,000. However, he did say that if she didn’t end up living with him then £250,000 might not be enough.
Unless Judges are going to be equipped with crystal balls, there is no way of knowing how any fledgling relationship is going to turn out.
There’s a lesson to be learnt here - if you’re going through a divorce, be careful about new relationships and, if possible, steer clear until any settlement is finalised.
Monday, 22 September 2014
Catholics to get easier divorce?
It has been reported this week that Pope Francis has ordered a group of theologians and lawyers to come up with ways to help Catholics divorce more easily.
The 11-member commission, announced on Saturday, will seek to "simplify the (annulment) procedure, making it more streamlined, while safeguarding the principle of the indissolubility of marriage," the Vatican said.
At the present time Catholics can obtain annulments if they can show their marriage was not valid in the first place, perhaps because a partner declined to have children. However this process, through the church, can be complex and often costly.
If Catholics instead opt for a simpler civil divorce – which is not recognised by the Church – and then remarry, they can be refused communion because the Church considers them to be still married and living in sin.
The 11-member commission, announced on Saturday, will seek to "simplify the (annulment) procedure, making it more streamlined, while safeguarding the principle of the indissolubility of marriage," the Vatican said.
At the present time Catholics can obtain annulments if they can show their marriage was not valid in the first place, perhaps because a partner declined to have children. However this process, through the church, can be complex and often costly.
If Catholics instead opt for a simpler civil divorce – which is not recognised by the Church – and then remarry, they can be refused communion because the Church considers them to be still married and living in sin.
Monday, 15 September 2014
New protocol launched for tackling stalking and harassment
As stalking-related prosecutions rise, prosecutors and police are being reminded by the Crown Prosecution Service to focus on the devastating impact these crimes have on victims. Prosecutions for all stalking and harassment offences, using both new and older legislation, have increased by more than 20 per cent in 2013-14. In order to maintain this upward trend a new protocol was launched last week to ensure consistency of approach when tackling all forms of stalking.
The new Protocol focuses strongly on the needs of stalking victims and reminds police and prosecutors to:
- ensure that in every case the victim has the opportunity to provide a Victim Personal Statement to court and is able to read this out personally should they wish;
- fully investigate the reasons behind any victim withdrawing a complaint, ensuring it is not the result of pressure from others;
- ensure that victims are consulted on issues such as bail and restraining orders.
Rachel Griffin, Director of the Suzy Lamplugh Trust, the charity that runs the National Stalking Helpline said:
“Stalking is a highly complex crime that has devastating impacts on a victim and because of this we are pleased that the very real issue of online stalking has been addressed in the protocols. The next steps have to be to ensure that all officers are trained to ensure that the guidance in the protocols become a reality for every victim of stalking."
If you are worried about a stalking or harassment issue, please do get in touch with us - Sally Fitzherbert has experience of womens' issues relating to violence.
If you are worried about a stalking or harassment issue, please do get in touch with us - Sally Fitzherbert has experience of womens' issues relating to violence.
To see the original article which appeared in Family Law Week, please click here
Monday, 18 August 2014
Pay As You Go may be the way forward?
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.
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, 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.
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