In recent weeks there has been a lot of press suggesting the Family Court is failing families. Claims have emerged that abusive former partners are using the courts to gain unsupervised time with their children.Read More
At a recent conference attended by family law professionals, Sir Andrew McFarlane (President of the Family Division) said that “around 38% of couples need to go to court to resolve disagreements over how they should care for their child post separation” and that this was a “far cry from the previous comfortable urban myth based on a figure of 10%”. He said this “indicates a major societal problem, with nearly 40% of parents unable to sort out the arrangements for their own child without the need to apply for a court order”. There is no doubt that part of the reason for this is because parents do not have the same access to legal advice as they did previously given the cuts in legal aid. However, in my experience, one of the key reasons that separated parents end up in court is because they cannot communicate. Some parents can’t communicate effectively, and some parents simply can’t or don’t communicate at all.Read More
A recently reported international child law case addresses this question.
The views of a child are always a central consideration when deciding a child’s future living arrangements. Typically, the older the child, the greater weight a court will give to that child’s wishes and feelings.Read More