By Peter Jones, founder

A senior judge’s call for parents with valuable homes to be forced to pay more child support highlights a loophole in the system which is criticised as being unfair and does not put children’s interests first.

Since 2012, child maintenance payments have been based on income only, with assets not included in calculations by the Child Maintenance Service (CMS), which decides the rate. This means that people can live off their capital, declare a low income and pay minimal child support.

While Mr Justice Mostyn has said that the law is unjust and should be changed, in my opinion a more comprehensive solution would be to return child maintenance in matrimonial and non- matrimonial cases to the jurisdiction of the family court. The courts should be accessed through one uniform procedure, regardless of the parent’s matrimonial status.

Here judges have a wide discretion and would ensure that the family assets are shared to achieve fairness – with the first consideration being the welfare of any children.

This would also free up the CMS to concentrate on its other vital responsibilities such as pursuing parents who do not pay and enforcing child upkeep.

In addition, the Matrimonial Causes Act should be re-examined with a view to making it fit for purpose for today’s modern and evolving world.

Drafted forty years ago, it has been criticised for provoking conflict and confrontation. In 2013, retiring High Court judge Paul Coleridge aptly said: “The days of the gladiatorial wars of the titans are over. The dinosaurs have had their day.”

As members of Resolution, all Jones Myers family lawyers are prominent supporters of alternative dispute resolution – striving to resolve family disputes constructively, to try to avoid costly, public and stressful litigation.

Our approach encourages clients to co-operate and reach agreement wherever possible about dividing their assets and securing the future of their children, whose interests should be at heart of everything.

For more information about children’s issues or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Why the dinosaurs’ days are numbered in the current child support system appeared first on Jones Myers.

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

The post Countdown to new family laws: the Children and Families Bill appeared first on Jones Myers.

Marital breakdown may be a familiar term but for the people involved, a failed relationship is unique.

Finding the right way to legally part can avoid further upset and secure the future for both parties, both financially and emotionally.

Do-It-Yourself

Couples who believe the DIY option will be cheaper, quicker and problem-free because they avoid a court process are mistaken. The unnecessary trauma of court proceedings can be avoided through seeking the advice of an experience collaborative family lawyer and will protect a couple from making the potentially costly and irreversible mistakes associated with DIY divorce.

Mediation

At Jones Myers LLP we are committed to using dispute resolution to minimise the stress and cost associated with relationship breakdown. Divorce mediation offers a highly effective way for both parties to discuss, agree and resolve issues. An impartial, experienced mediator will help the couple come to an agreement on all aspects of their divorce. This approach avoids both parties taking a confrontational stance in a public court which could impact on any children involved in the divorce proceedings. Mediation also gives the couple control over their divorce as they are making the important decisions.

Collaborative Divorce

Jones Myers LLP is committed and experienced in this approach which provides a smooth and civilised process for couples to achieve an amicable separation. In a collaborative divorce both parties, together with their lawyers, are involved in negotiations through face-to-face meetings. When appropriate, additional professional advisers, such as accountants and counsellors can also be brought in to the discussions.

Arbitration

If during the course of the previous two methods of dispute resolutions discrete issues become contentious, couples can use arbitration to resolve the problem quickly and efficiently, without recourse to the courts. Arbitrators act as ‘informal judges’ and because they are in private practice are more readily available and prepared to sit outside conventional court times. Arbitration is also cheaper because it is not subject to as many delays as the court process. As one of the 40 specially trained family lawyers appointed as arbitrators in the UK, I am proud to be at the frontline of a ground breaking development in family law.

Litigation

When compared to the dispute resolution process, recourse to a lengthy, public, adversarial and expensive court action has little to recommend it.  Couples will find a judge who knows very little about them and their family will make the final decisions – on children, property, money, and ultimately how each party will live their life going forward. There is surely no better argument than this for collaborative family law when it comes to matters of divorce.

If you’re looking to resolve relationship challenges in a civilised manner, speak to one of our team call us at Jones Myers LLP on 0113 246 0055, comment below or drop us an e-mail.  You can now follow us on Twitter @helpwithdivorce?

The post 5 ways to divorce – what are the options? appeared first on Jones Myers.