A taskforce led by Sir David Norgrove has concluded that mediation figures are down by a third, not because of a lack of funding, but because separating couples and even solicitors are unaware that legal aid is still available to fund mediation assessment and mediation sessions.

The withdrawal of legal aid for divorce and custody disputes has been successfully communicated both within the legal profession and amongst the wider public, but this has it seems, unintentionally resulted in the wrongly held belief that it also included the withdrawal of all funding for mediation services.

As such, the taskforce has concluded that the main barrier to couples accessing Mediation Information and Assessment Meetings (MIAMs) is one of poor communication.

Prior to the changes to the The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) mediation sessions, although voluntary, were commonly utilised because it was often a pre-requisite for those seeking to access legal aid. However, problems have been rife since the changes were unleashed and readers of our blog will be aware of our disapproval of legal aid cuts to family law.

Providing better channels to communicate the availability of the mediation services will undoubtedly be of some benefit, but the key point missing in the taskforce’s recommendations is the fact that couples do not tend to refer themselves to mediation in the first instance. They are referred by someone within the system, commonly family solicitors and lawyers, who understand the benefits of utilising the service and can communicate that information and advice to their clients.

Cutting the legal aid funding, predictably resulted in a reduced level of referrals, and the comment from Simon Hughes on the day that the Children and Families Act provisions came in to force, saying: ‘I want lawyers out of the process as much as possible’ is, in my opinion, not the correct way to begin building the referral numbers back up.

To increase the take up of MIAMs, the report is recommending that funding be provided so that all separating couples over a 12 month period (not just those who have a legal aid contract) can gain access to an initial mediation assessment. It also recommends that an interactive website and helpline be set up by the Ministry of Justice (MoJ).

But while I feel that any additional financial contribution from the government is to be welcomed, I think the taskforce’s proposals will only add to the current confusion around the best options for divorce. The withdrawal of legal aid is one reason why mediation figures are down, the other is that many couples going through a divorce do not understand how mediation works – and are also unclear about how to access it.

Going forward, we need to see better signposting of the services that are available, and an increased visibility of trained mediators who are ‘authorised’ to undertake these MIAMS meetings, combined with a cohesive structure that enables those working in family law to remain best placed to advise their clients as to the most appropriate course of action open to them.

The funding is already available for more mediators, but they require referrals in order to keep their services viable. Working with law practitioners will mean that separating couples can meet and be guided through the initial process of seeking a mediated solution, at less cost both in terms of emotion and expense. This won’t be possible if there is a history of Domestic Violence, but even where there has been disharmony, it is often possible to resolve at least some of the issues in mediation.

What other measures could be introduced to improve the take up of mediation? Should legal aid be made available permanently for MIAMs? Please share your views by leaving a comment below, drop us an e-mail or tweet us @helpwithdivorce

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Penelope Leach’s assertion that young children’s brain development can be damaged by dividing their time between parents who have split up is nothing short of controversial.

The leading psychologist and family advice guru is advocating that children staying overnight once a week with their fathers is not healthy, whilst at the same time condemning the dividing of a child’s time equally between both parents, claiming it to be damaging.

Her latest book, Family Breakdown, argues that children under the age of four are most at risk and as a result of split living arrangements are suffering unhealthy attachment issues.

Comments such as these are not helpful for either mum or dad and will just add to the anxiety and guilt they are probably already feeling at having to put their children through the pain of a divorce.

What concerns me most though is Ms Leach is not offering a solution to the issues she is raising. Is she saying that children should only have a relationship with one parent – the one they are living with? If so, it is hardly surprising that New Father’s 4 Justice and Families Need Fathers are outraged by her comments. However, I am sure there will many mums who are equally dismayed with her views.

Her arguments also conflict with the ethos behind the Children and Families Act 2014 which advocates the involvement of both parents in a child’s life after separation providing it is safe for them to do so and in their best interests.

When the new Act came into force last April, Family Justice and Civil Liberties Minister Simon Hughes, declared: “We are making sure the welfare of children is at the heart of the family justice system.”

For most parents, their child’s wellbeing will be their main concern and they will do their best to minimise the upset caused by the breakdown of the family unit.

Some may argue that Ms Leach has a point as the Children and Family Court Advisory Service (CAFCASS) has revealed that children’s mental health is a factor in many of the cases they deal with in family courts, often as a result of parental acrimony.

But surely the answer is ensuring that both parents play an active role in their child’s life whether that be staying over one night a week with dad or alternating weeks to ensure as much as stability as reasonably possible.Inflatable Pool

Do you agree with Penelope Leach? Are there any alternative solutions?

If you have any concerns or questions about the impact of separation or divorce on children please call us on 0113 246 0055, leave us a comment below or drop us an e-mail. You can also follow us on Twitter: @helpwithdivorce.

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A new Act designed with children’s best interests at heart – and which rules that both parents should be ‘involved’ in their children’s lives – could have the adverse effect due to a lack of clarity.

Confusion about addressing the sensitive subject of child arrangements has been further exacerbated at a time when an unprecedented number of people involved in court proceedings over their children are representing themselves because they cannot afford to pay for lawyers.

Whereas courts could previously issue residency and contact orders in divorce proceedings to decide where a child would live and how much time they would spend – and when – with each parent – these orders have been replaced with Child Arrangement Orders which are extremely vague about where a child lives – and with whom.

My initial concerns are twofold:

1.    Confusion among parents representing themselves in court

Data under the Freedom of Information Act reveals that across November and December 2013 over 52 per cent of parties attending court proceedings about child matters did not have legal representation.

As a lawyer specialising in children’s matters, I am scrutinising the nuances of these new laws to enable me to best represent our clients in the family court.

I predict we will continue to see increasing numbers of parents who represent themselves and who may unwittingly misinterpret and misunderstand the complexities of the Child Arrangement Orders – particularly as the Act does not entitle parents to a 50:50 split of time with their offspring. Instead parents should both be ‘involved’ in their child’s life (unless there are concerns about safety) – with no legal definition of division of time or specified direct or indirect contact.

Court proceedings could likewise be more prolonged with parents frustrated and irritated in their attempts to clarify child arrangements. Judges will need infinite patience to help parents understand what the new orders truly mean and to help them reach agreements that are in the best interests of their children

2.    Couples can divorce without agreeing child arrangements 

Previously courts had to be satisfied that arrangements for children were settled before the decree nisi stage and lawyers would complete a statement setting out these provisions when filing a divorce petition.

Under the new Act, couples can receive their decree absolute without deciding provisions where their children will live and how often they will see each parent. I fear this will leave children caught in the middle as mum and dad – who are already divorced and moving on in their lives – try to agree a plan for co-parenting.

It is hoped under the new Act that parents will discuss, negotiate and if necessary, mediate a successful parenting plan without the need for a court to interfere. However, in my experience, such hope may be naïve as many parents require help and support to ensure their children’s needs are paramount.

As the legislation evolves it is my fervent hope that it will achieve what it set out to do – putting children’s needs at the core of our family justice system.

If you have any questions about Child Arrangement Orders and the Children and Families Bill please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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Ms Blacklaws’ appointment came about after the troubled organisation set up a family law practice when it was decreed that businesses, including banks and supermarkets, could be licensed to offer legal services.

I have always had my doubts about this and whilst Ms Blacklaws remains tight-lipped about her reasons for leaving the service she spearheaded, how likely is it that anyone will seriously look to ‘purchase’ a divorce while doing the weekly shop?

The legal shake-up that heralded the Co-op’s family law service – and ironically dubbed the Tesco law – adopted an IT conveyor belt approach with the size and sheer volume of cases keeping prices down.

A cheap divorce can seem tempting – particularly as many families throughout the UK have had to tighten their belts and cut costs.  However, as the old adage goes, “you get what you pay for”.

The pile them high, sell them cheap approach may work for baked beans, but can it really be the answer for couples who find that their marriage has fallen apart? Complex financial issues, disagreements about where children will live and pension arrangements will all require a more tailored and measured solution.

Our own clients come to us because they want a bespoke service and to talk to an expert who will listen and offer solutions that work for their particular situation.  A solicitor who is a member of Resolution, the organisation for family lawyers committed to non-confrontational approaches to divorce, is very much alive to the needs of an individual client – not taking a ‘one size fits all approach’.

And new legislation coming into force on April 22 will add a new layer of complexity to divorce as it brings sweeping changes to the family law system.  As experienced family lawyers we are examining the finer details of the new bill and the implications for couples embarking on separation and divorce.

We have written several blogs about the Children and Families Act. Among the changes to the law is the creation of one single family court, Child Arrangement Orders to replace residency and contact orders and the introduction of compulsory Mediation Information Assessment Meetings (MIAMs).

With the demise of legal aid for most family law matters, we know how important it is for people to keep down the cost of divorce – and an ‘off the shelf’ option may seem tempting.  However, any good family lawyer will work with the client to manage costs and direct him or her to the most appropriate divorce option – whether mediation, collaboration, arbitration or simply good old-fashioned negotiation.

If you have any questions about the Children’s and Families Bill please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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Major legislation that will overhaul the family court system and have far reaching implications for divorcing couples has been given Royal Assent and will become law on April 22 this year.

The Children and Families Bill brings in a major changes designed to focus on the needs and care of children, to streamline divorce and family law cases – and to discourage couples from embarking on confrontational court room battles.

David McHardy, consultant solicitor at Jones Myers, is a family mediator, family court Deputy District Judge and former national chair of Resolution. He answers key questions about the new law and how the changes will affect separating and divorcing couples.

What key changes will the Bill introduce?

• Streamlining the court system and creating one single Family Court to replace the current three-tiered system of magistrates, county and high courts
• Making it compulsory for couples to attend a mediation information and assessment meeting (called a MIAM) before they are allowed to take disputes over children or finances to court. It is intended that both parties attend a session, which will last about 45 minutes
• The introduction of Child Arrangements Orders to ensure that both parents are involved in their child’s upbringing.

What do you see as the three biggest benefits of the new legislation?

• MIAMs seek to encourage couples to avoid traumatic court battles and to consider alternative options including mediation. As well as speeding up the divorce process – which can be as long as 18 months through a court – mediation still qualifies for some Legal Aid funding, unlike most other areas of family law
• The Child Arrangements Orders may help prevent polarising parents’ opinion about where children will live and how often they see a mother or father. The order is designed to meet the best interests of the child, rather than what a parent wants
• A Single Family Court should ensure more streamlined procedures.

What are the challenges or concerns about the new law?

• The NSPCC is concerned that Child Arrangements Orders could confuse parents, who may believe that the shared parenting aspect of the law means a 50/50 split in time with their child or children – it doesn’t. The charity also points out that the new law will not end parents’ stand-offs about who brings up their children
• The new court structure will take some time to ‘bed in’ as magistrates, county and high courts merge into one single and central family court. It is important that there is enough funding combined with good planning and organisation to ensure a smooth transition – and that we have enough judges and courts available
• Access to mediators is patchy throughout the country – for example, I am the only Resolution MIAMs trained mediator in a five mile radius in my area of Essex so I am concerned how quickly couples can meet a mediator. Also some people may be able to avoid a MIAM completely as the legislation includes a ‘get out’ clause from the meeting if they can’t find a mediator in their area within a certain timeframe.

What should the priorities be ahead of April 22?

• To avoid chaos and confusion – and to ensure that people understand the new system – we need a comprehensive information campaign with clear signposting by third parties e.g. Citizens Advice. Easy to digest, practical online campaigns are required to help inform and educate couples
• Family lawyers, judges, court staff and social workers will have to adjust quickly to different ways of working. How they do this will impact on how the general public understands the new system.

In the countdown to the Children’s and Families Bill becoming law our team of experts will be examining specific aspects of the new legislation and looking at the possible effects on children and parents affected by divorce.

If you have any questions about the Children’s and Families Bill please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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