Corona virus continues to cause chaos as separated parents don’t know which advice to listen to regarding returning their children to school. Many are turning to the courts to determine this issue.
Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.
No-fault divorce blame game
For more than 30 years Resolution members including those at Brighton & Hove Law have campaigned for the introduction of no-fault divorce that would enable couples to separate without having to blame one another for the breakdown of the marriage.
The efforts of Resolution members are paying off as the biggest shake-up of divorce laws in fifty years looks set to take place as the Divorce, Dissolution and Separation Bill progresses through Parliament. We will keep you posted.
Certain family proceedings should not be conducted remotely, the president of the family division has said after intervening in a case involving a young girl living in ‘limbo’.
Just because a hearing can be conducted remotely does not mean it should, Sir Andrew McFarlane said in Re P (A Child: Remote Hearing), published this week.
Proceedings began a year ago. The local authority said the girl suffered significant harm as a result of induced or fabricated illness. The mother contests the issues. A 15-day hearing was scheduled for this week to fix a final care plan for the child, who has been living with the mother’s friend under an interim care order.
‘My husband is always home and interferes with my housework, which makes me really stressed’
Like many couples, it all began when Yui’s husband started working remotely from their small Tokyo apartment as coronavirus cases rose across the Japanese capital.
The 30-year-old housewife felt “stressed” and “awkward” at his round-the-clock presence – a rarity in a culture that normally requires people to spend more time at work than at home. “I didn’t want to see him all the time,” she said.
Yui is among 100-plus husbands and wives who contacted a Tokyo-based short-term rental firm after it launched a new service aiming to help couples avoid a “coronavirus divorce”.
The Guardian reports on these difficult issues raised by Covid19 as UK lawyers get inundated by divorced parents arguing over lockdown custody. Former couples disagree about where their children should stay, with some trying to get their ex sent to jail.
Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.
Some parents have been using the coronavirus outbreak as an excuse to stop their ex from seeing their children, withholding access on spurious grounds including “my ex won’t be able to teach my child their times table”.
As the global COVID-19 public health emergency continues to spread and create challenges for individuals, businesses and services worldwide, we wanted to share with you that the Suzy Lamplugh Trust’s National Stalking Victims Helpline and its advocacy services are both still operating during our usual hours.
You can reach our Helpline at 08088020300.
We are open from 9:30am to 4pm weekdays (9:30am to 1pm Wednesday).
We are in unprecedented difficult and challenging times.
Please see the attached guidance from the President of the Family Division in respect of Child Arrangements Orders.
The priority is ensuring safety.
Court hearings are still going ahead as usual at present and our clients will be updated by telephone if this situation changes.
As published on the GOV website, please see some guidance on how to proceed for when attending courts for hearings.
This page provides advice and guidance for all court and tribunal users during the coronavirus (COVID-19) outbreak and will be updated when new advice is available.
HM Courts & Tribunals Service coronavirus preparation planning
During the current phase of the coronavirus outbreak, the business of our courts and tribunals continues. Any changes to individual hearings will be communicated directly to those affected in the usual way, usually by email and/or phone.
The Gazette has published confirmation today that HM Courts & Tribunals have confirmed people should come to court as usual unless they or a member of their party has or potentially has the coronavirus.
Publishing updated rolling guidance, HMCTS said that during the coronavirus outbreak ‘the business of our courts and tribunals continues’. However, should a member of a party have the virus, they should contact the court or tribunal where the hearing was due to take place.
It may also be possible if there are concerns about corona that cases can be conducted by video link.
Increasingly the Courts are seeing cases where parental alienation against mothers is alleged. The stakes (as always with children cases) where such allegations of alienation are made are extremely high.
Brighton & Hove Law are specialists in parental alienation cases and children law services – This is a complex and troubling area for the Courts to deal with and frequently involves expert assessment and input.
Jane Fortin – Emeritus professor of law, University of Sussex – writes an interesting article for the Guardian.
When you commit to raising a child, you’re taking on a life-defining decision. From this moment on, everything changes – not least your financial situation. Bringing up kids is hard, expensive work, particularly when you’re holding down a job. Fortunately, there are several kinds of support you can claim to help lighten your load a little. Depending on your situation, you might even qualify for more than one them at one.
Doctored audio evidence used to damn father in custody battle
Doctored audio files and footage – known as ‘deep fakes’ – are being submitted to UK courts as evidence, a family lawyer has warned.
‘Deepfake’ audio was used in a custody battle to try and portray a father as threatening, a family lawyer has revealed, as he warned that doctored evidence is being submitted to courts.
Byron James, a family lawyer and partner at the international law firm, Expatriate Law, said that voice forging software was used to create a fake recording of his client threatening another party to a dispute over their children.
Lords warn new divorce rules could be ‘counterproductive’
“It does not make sense that one should be able to walk out of a serious ‘till death us do part’ commitment (divorce) unless there has been a serious event, such as adultery, to justify doing so.”
He added: “My concern is that if we change the law simply to give one party the power to end the marriage just because he or she wants to, it will have the effect of making divorce very much more accessible.”
Animals of love: The increase of battles about pets in divorce settlements is rising and the reasons are complex. When partnered with Britain’s particular penchant for pets, it is easy to see how pet custody becomes a breeding ground for catfights.
On a Sunday evening after football practice has finished, John* drives two miles into town to his ex-wife’s house to collect 12-year-old Gloria, along with her toys and her favourite blanket. Gloria is not John’s child, she is his Welsh terrier and has lived between two houses in Bath, Somerset, since John’s divorce in 2014. The beloved pet spends the first half of every week with John and his new partner and the second with his ex-wife. It might seem like a lot of effort for a dog, but it’s an arrangement that works for the family – and one which came about amicably during their split.
Ahead of the general election on Thursday next week Resolution has launched their own manifesto asking the next parliament to support policies for no-fault divorce, legal protection for cohabiting couples at the end of their relationship; protecting victims of domestic abuse; and funding for early legal advice for separating couples.
Resolution is the national membership body representing 6,500 family justice professionals. Our members work with separating families every day, to support them to resolve disputes as constructively as possible, with a strong focus on putting the best interests of children first.