Help With Mediation for Divorce and Separation
The government has announced plans to repeal the rule that courts should start from the assumption that a child benefits from having both parents involved in their life. This “presumption of parental involvement”, introduced in 2014, currently guides the courts when making child arrangements decisions. Why is it being removed? The decision follows concerns about… Read more »
In the case of “Special Expenses” the CMS (Child Maintenance Service) can take account of specified payments to reduce the CMS calculation. This has to be done by applying for a variation of the calculation. It can take a long time for that to be resolved. Child maintenance regulations can be very complicated and even… Read more »
In my April 2024 blog, I reported on new court rules encouraging those involved in family proceedings to use non-court dispute resolution (NCDR), like mediation, instead of using the court to resolve their disputes. In a case in May 2024, concerning finances in divorce, NA v LA , Nicholas Allen KC stopped the case to allow… Read more »
On 13 September 2024, the House of Commons Library published statistics for England and Wales which showed; In 2023 1.7 million claims were received in the civil courts. In 2021 ( the latest available total) the family courts started 266,000 cases. Waiting times for almost all family cases were longer in 2023 than in the… Read more »
On Monday, April 29th, 2024, significant amendments to the Family Procedure Rules have come into effect. Amongst others, these changes aim to ensure a fair and efficient resolution of family disputes by promoting alternative dispute resolution methods (NCDR), such as mediation, and reducing reliance on traditional court proceedings. Here are the key changes and their… Read more »
The court system is underfunded with the result that if you go to court you are likely to have a long wait until your child and/or financial arrangements are decided. Whilst the chancellor’s recent spring budget disappointed lawyers by only providing limited extra finances for the family justice system, the chancellor said: ” Too many… Read more »
The Ministry of Justice voucher scheme was due to end 31 March 2023 but has been extended to April 2025 at the same time the government issued a consultation paper (closing on 15 June 2023) on making mediation compulsory for separating couples in certain family cases but excluding those which include allegations or a history… Read more »
Following the introduction of No Fault Divorce on 6 April 2022 ( under the Divorce Dissolution and Separation Act 2020) divorces can only be defended in very limited circumstances. There is a minimum 26 week period from the issue of the Divorce papers until the marriage is officially terminated. This used to be on the decree… Read more »
On 16th January 2022 the Deputy Prime Minister Dominic announced £1.3 million additional funding for the scheme to increase the total fund to circa £3 Million. The Family Mediation Council anticipate this will last until about the end of March 2022. The voucher is non means tested and provides £500 towards the cost of mediation… Read more »
Starting 21 March 2022, it will be illegal for anyone, including visitors, in Wales, to use any physical punishment including smacking, hitting, slapping and shaking of children. This will give children the same protection from assault as adults. Parents will no longer be able to rely on the defence of reasonable chastisement in these circumstances…. Read more »