The news that actress Halle Berry is to represent herself in court to finalise residence arrangements for her six year old son following her divorce is a reminder of the downside of self representation.       

The demise of Legal Aid in 2013 sparked a dramatic increase in the number of people seeking to represent themselves (known as litigants in person). Many cases involve children whose estranged parents cannot agree on key areas such as finance, or arrangements for where the children should live.

Self representation can be a minefield. It involves preparing and reading substantial paperwork, understanding the correct procedures to follow – and appreciating exactly what issues a judge will consider to be important.  

Many people are anxious about talking to a judge and find it hard getting to grips with the finer points of law and advocacy techniques that qualified family lawyers have developed over many years. 

Cases need presenting in a technical manner, requiring knowledge and an emotional distance that many parents find difficult.

There is likewise a woeful lack of support and assistance in court for those representing themselves.

The culmination of all of this can lead to highly charged court hearings, with tensions and arguments aired in court which is detrimental for everyone involved – especially the children.        

As a niche family law firm we always advise clients that there are alternatives to going to court which are less confrontational, less stressful and completely private. They can bring a swift resolution and save on legal expenses.

Mediation

Mediation is where an impartial third party “the mediator” helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively than the court process or in solicitors’ correspondence. It limits the emotional damage which follows in the wake of an acrimonious battle. In the current climate, online mediation can be available.

Collaborative Law

Collaborative Law also avoids Court proceedings. A “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution. It allows people to come to an agreement calmly and in their own time. Although it can work for any couple, it can be of particular benefit in higher value or complex children situations.

Arbitration

In family Arbitration couples appoint an arbitrator who makes decisions for them and enables them to resolve disputes in a more flexible and less formal setting. There is also the benefit of having the same Arbitrator through the process which will not happen at Court with Judges.

Whichever route is chosen – or if a court hearing is inevitable – it is vital to have the right legal representation from highly experienced family lawyers.

Our dedicated Children Department balances the needs of children and their parents in issues including residence and contact disputes, care proceedings and adoption.

If you have any comments, queries or concerns on self representation, children, divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce.

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By Peter Jones, founder

A new report has prompted fresh concerns about the systems that are supposed to ensure children receive maintenance payments they are entitled to.

Family law charity, Gingerbread has claimed that loopholes in the Child Maintenance Service (CMS) allow non-UK residents to pay only part of their liabilities.

According to the charity which is urging the government to devise a new strategy to prevent payment avoidance, parents claim the CMS regularly ignores their concerns

While Gingerbread has recommended improved coordination between CMS and HM Revenue and Customs among measures the government should take, more robust and urgent action is needed for children to receive this much needed support.

Leaving decisions about who should pay what in the hands of organisations like CMS and its predecessor, the Child Support Agency (CSA) is a recipe for disaster – as the last 24 years have highlighted.

Only three months ago the National Audit Office revealed that the CMS had built up £93m of unpaid child support since it was established, in 2012.

This news was further compounded by the fact that the CSA had failed to collect nearly £3bn following its inception in 1993.

According to the Department for Work and Pensions 1.2 million people are owed money – with little of it ever likely to be paid.

The current system claims to encourage parents to come up with their own family-based arrangement. The stark reality, however, is that this system is unsympathetic and formulaic in its assessments and ineffective in its enforcement.

I believe that it is in the interests of both children and their parents for the courts to rule on maintenance payments as part of the separation agreement. The court’s ruling then needs to be supported by an enforcement system that is economical to run and financially accessible for parents.

After all, when the wellbeing of vulnerable children is at stake, we cannot afford – either financially or emotionally – to keep getting it so badly wrong.

For more information about any aspect of children’s law or family law call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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The seven-strong department is an acknowledged leader in children’s law; handling private law matters, and specialising in public law cases – where a local authority has issued care proceedings with a view to a child being adopted, placed in foster care or returned to their parents.

Accredited by the Law Society to act for children, a widely recognised professional standard demonstrating experience and expertise, Jane represents parents, grandparents, children and local authorities within proceedings. Exceptionally, every solicitor in this busy Jones Myers department is accredited to this standard, and Jane brings eight years of legal experience to Jones Myers after moving from Leeds law firm Henry Hyams.

The appointment has been sparked by the firm’s ever-increasing private and public sector instructions from across the region and further afield.

Jones Myers partner and head of the children department, Kate Banerjee, who is a member of the International Child Abduction and Custody Unit, said: “Our fast-growing client base reinforces the breadth and depth of our expertise and attracting top talent is vital as we continue to expand our services into areas including adoption and surrogacy.

“Jane’s appointment exemplifies this goal – she is highly capable and combines professional knowledge with great empathy and respect.”

With offices in Leeds and London, Jones Myers’ lawyers combine 250 years of legal  experience. The firm is consistently ranked in both the Legal 500 and Chambers top tier grouping with 50% of its solicitors individually listed as ‘leaders in their field’.

If you have any comments, queries or concerns on issues relating to children, leave a comment below, call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce.

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