Author: Clough & Willis Solicitors

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Domestic Violence Family Law Uncategorized

New Definitions aimed at Taking on Domestic Violence

Domestic violence is one of the most difficult and sensitive topics that family law solicitors have to deal with, and the cases tend to be personal and can be incredibly tough for victims and their families

Though It’s unlikely that we can eradicate the threat of domestic violence altogether as there is no accounting for the behaviour of criminal individuals, but the justice system does have a responsibility to ensure those who act violently are punished appropriately.

Thus, the government has decided this month to reword the definition of domestic violence with the aim of addressing some key discrepancies.

Incorporating Minors

Following a study from the British Crime Survey which found that those in the age range of 16-19 are the most likely to experience domestic violence, the new definition includes all of those over the age of sixteen.

By changing the law the government hopes not only to bring justice to those who previously would not have been able to prosecute, but it hopes to raise awareness of the problems of domestic violence in young people.

Psychological Coercion

The second major change to the law is the inclusion of coercion and, as it is to be stated in statute, ‘coercive control’. This appears to be an umbrella term which will encompass all manner of behaviours that restrict the freedom of one of the partners in a relationship.

This will include both clear cut cases where individuals threaten or deliver physical violence, either with regularity or as a one off, but it will also include less obvious cases.

For example, cases where individuals are cut off from sources of support, perhaps their families or friends or where they are prevented from acting independently. This could see a number of cases that previously would have been treated as civil problems criminalised.

Though this might appear like legal semantics, the changes will have a real impact upon the practice of family law solicitors and they will change the way in which domestic violence is perceived and treated when they are brought in March 2013. Hopefully, the new definition will mean more cases where aggressors are justly punished for their actions and victims will be allowed access to the support they need.

Overall, though, these changes should in general raise awareness to the trauma that is caused by domestic violence and, above all else, we will hopefully see a decline in the number of cases that are seen in the courts.

Here at Clough and Willis we have a dedicated team of domestic violence law solicitors who are headed by a Resolution accredited specialist. We advise and represent male and female partners as well as other family relations subject to verbal and physical assaults or harassment .

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Family Law

Parents Access Rights ‘Enshrined’ in Law

One of the reasons that divorce law is so complex is that very often the rules are a matter of fine interpretation. Deciding what is the best case for a child as young as two or three can come down to a few difficult paragraphs of wording or just a better argued case.

Sometimes, however, the law is perfectly clear cut and in an attempt to simplify divorce legislation, the government has recently put through an amendment which will ‘enshrine’ the rights of both parents to have access to a child. In essence, what was once a complex and subtle issue is to be made explicit and the law will serve the rights of both parents in most circumstances. So do these changes make sense? Has the government made the right move?

Protecting Fathers
Though at all times divorce solicitors will attempt to set out the proper, just way of dealing with an issue, this amendment will undoubtedly benefit fathers seeking access rights. In just under 10% of divorce cases children reside ‘mainly’ with their father and this legislation seeks to correct this bias.

Of course, this should not overrule what is in the child’s immediate interest if, say, a father or mother is violent or unfit for the role, but it does give genuinely willing fathers a leg-up.

Admin over Justice
Plenty of family law solicitors have expressed their discontent with the changes  and they claim that the new legislation is simply not required – in calculating the interests of the child, courts already take into account the benefits of having influence from both parents.

When parents are given rights to access, disputes start arising over whether the right to access should be equal or properly apportioned. Undoubtedly, this will put a good deal of extra strain on courts for what will be more or less the same end result.

The Paramountcy Principle

After all is said and done, what realistically and legally matters is the interest of the child – this is the paramountcy principle. Though there are many cases in which both mothers and fathers fall unfortunately the wrong side of the legislation, family law experts do understand and appreciate the benefit of enabling joint access wherever possible. Though these changes might redress the balance between those living with dad and those living with mum, the statistics really aren’t the point – what matters is the child’s well-being and at the moment, judges do all they can to ensure fair access to children.

Though we’ll have to wait and see what the real effects of these changes will be, it’s likely that they will be pretty unpopular throughout the justice system and, as happened in Australia, we might well see a reversal of the law in the future.

Clough & Willis – Manchester based divorce solicitors . Contact 0800 083 0815 for specialist advice & information about divorce law, divorce settlements & child custody.

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Child Custody Children Divorce Law Family Law

Parents Access Rights ‘Enshrined’ in Law

One of the reasons that divorce law is so complex is that very often the rules are a matter of fine interpretation. Deciding what is the best case for a child as young as two or three can come down to a few difficult paragraphs of wording or just a better argued case.

Sometimes, however, the law is perfectly clear cut and in an attempt to simplify divorce legislation, the government has recently put through an amendment which will ‘enshrine’ the rights of both parents to have access to a child. In essence, what was once a complex and subtle issue is to be made explicit and the law will serve the rights of both parents in most circumstances. So do these changes make sense? Has the government made the right move?

Protecting Fathers
Though at all times family law experts attempts to set out the proper, just way of dealing with an issue, this amendment will undoubtedly benefit fathers seeking access rights. In just under 10% of divorce cases children reside ‘mainly’ with their father and this legislation seeks to correct this bias.

Of course, this should not overrule what is in the child’s immediate interest if, say, a father or mother is violent or unfit for the role, but it does give genuinely willing fathers a leg-up.

Admin over Justice
Plenty of family law solicitors have expressed their discontent with the changes and they claim that the new legislation is simply not required – in calculating the interests of the child, courts already take into account the benefits of having influence from both parents.

When parents are given rights to access, disputes start arising over whether the right to access should be equal or properly apportioned. Undoubtedly, this will put a good deal of extra strain on courts for what will be more or less the same end result.

The Paramountcy Principle

After all is said and done, what realistically and legally matters is the interest of the child – this is the paramountcy principle. Though there are many cases in which both mothers and fathers fall unfortunately the wrong side of the legislation, family law experts do understand and appreciate the benefit of enabling joint access wherever possible. Though these changes might redress the balance between those living with dad and those living with mum, the statistics really aren’t the point – what matters is the child’s well-being and at the moment, judges do all they can to ensure fair access to children.

Though we’ll have to wait and see what the real effects of these changes will be, it’s likely that they will be pretty unpopular throughout the justice system and, as happened in Australia, we might well see a reversal of the law in the future.

Clough and Willis Solicitors have a dedicated team of family law specialists who are headed by a Resolution accredited specialist who can advise on divorce settlements and agreements. We can also advise on the appropriateness of referring the dispute to a mediator and deal with negotiation of child arrangements on your behalf. If required, we represent both parents and grandparents within Court proceedings.

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Family Law

The Place of Children in Family Law

When dealing with divorce or the breakdown of a family, everything becomes a balancing act for a solicitor. Unlike in more straightforward property cases or employment disputes, there are often three parties involved in divorce and family law solicitors see a huge number of cases which involve one or more children.

The difficulty for family law experts is finding where the right balance. The law in the UK says very little about the rights of children and because of this most cases involving children are settled out of court with the help of a family law solicitor. Compare this to family law in somewhere like Australia, though, where a new reform bill means that the safety and rights of children will be paramount in disputes between couples and the outcomes of complicated cases will be decided by a court of law.

Of course, it’s a very complicated matter, but does the law do enough for children in the UK? What does the law say and how are children protected? Should we move towards a system where children are given explicit legal rights or does our system do the job?

Well, the first concern for the family law expert in any relationship breakdown is violence. The UK law states that the courts will only make an order against a particular parent having access to their child if not making that order would be more detrimental. Where one parent has demonstrated the willingness to commit violent acts against children the courts in the UK can still be firm and clear and it will become very hard for a violent parent to gain any access to their child at all.

It’s an equally common view amongst family law solicitors that children are happier if both parents have an influence in parenting. This is, of course, the ideal, but often negligent parents impose a negative influence on children and this is where out of court agreement really do work. A system where the child’s right or desire to its own joint care results in a parent who is disinterested being forced by a court to take charge could be potentially very dangerous.

Of course the Australian system is fraught with problems and the administrative costs of allowing courts to have such power in deciding what is right or wrong for a child can come at a massive time cost. It’s well known that divorces can take up to two years to resolve and dragging out what is potentially a very difficult time for all is not desirable for anyone.

The way that children are protected in the UK relies on both parents putting their own personal views of each other behind them and agreeing to come to a sensible arrangement. The law provides for the occasions when the parents are unable to do this and courts will step in if they need to. Really this way provides an adequate solution in difficult circumstances and when children’s well-being is at stake, a more powerful but administratively costly court just doesn’t seem to be the right solution.

Clough & Willis Solicitors are based in Bury, Manchester and the specialist Family Law team at Clough & Willis have extensive experience in divorce law, maintenance payments, financial settlements and child custody and can advise on all aspects of your situation. All Clough & Willis divorce solicitors are members of The Law Society Family Panel and Resolution.