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What would YOU Change, and Why?

  • survive
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18 Mar 12 #318851 by survive
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Just came acroos this in Wiki and thought it is very interesting...

Personally I would suggest a change in which FH are conducted. In that along with the judge is either an assistant judge or something, to ensure that the judgement made is a fair one and that the case has been given full care and attention for both parties. A bit like if you have an examination (female) by a doctor, there woul normally be a nurse present and if not you can request this, so as to ensure the examination is carried out correctly (so to speak)

The judge ide, I know would raise costs enormously on the already bogged down courts system. But maybe, this would prevent further Directions hearings, appeals, clarification letters etc etc and also it ensures that there is an indepenedent body at the FH to ''act as a witness''. I have been told that some judges even fall asleep, so maybe they could nudge them when they begin to snore ;-)

Another issue that I would change is the big problem of self employed/ltd company persons who seem to be a law unto themselves. The government as a whole need a massive crackdown on this whole area based on tax evasion, purgery in courtrooms etc etc

Survive

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18 Mar 12 #318858 by Hacked Off
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Am I right in thinking that mediation is to become law rather than just a protocol (as it appears to be right now)? My ex wife refused mediation despite my solicitor''s best efforts. We had a short childless marriage (she left), but ended up spending over £20,000 in legal fees simply because she insisted on dragging me to court. By the time she had paid her legal team she netted only 50% of what I agreed to pay her at the First Appointment. What a terrible waste of time, money and emotion.

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19 Mar 12 #318872 by Nota
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Just a quick one.

For those who decide to represent themselves....papers written in plain english. For me who didn''t have a law degree, it would have made things a bit easier. Well a good starting point anyway.

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19 Mar 12 #318877 by dukey
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Survive

It will never happen,there are way too few judges as it is and even if there were enough there is no money to pay for extra judges, plus the chances are they would not agree.


As for the courts accepting what the self employed claim to earn, well it''s a complete lottery, it''s fair to say most judges look at life style compared to stated income, but not all it would seem.

The CSA are even worse, it seems all you need to do is say oh yeah I earn nothing and they asses at £5 a week.

Some of these guys are living it up expensive cars nice holidays the high life, all the CSA seem to say is "computer says no".

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19 Mar 12 #318883 by stepper
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The presumtion of 50/50 shared parenting enshrined in law as the default. If 50/50 is unworkable, parents should then sort out between them the best arrangement to suit their family circumstances.

No parent should have to go through the family courts, often at great financial and emotional cost, in order to obtain meaningful contact with their children. It is never in the child''s ''best interests'' when two parents cannot or will not agree to contact arrangements.

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19 Mar 12 #318887 by dukey
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Hacked Off

All that is required is a mediation assessment, the way it works is that if a person would like court to help with finances they need a cert from a mediator before court will act (FM1) for a number of reasons these certs can be obtained without the assessment ever actually taking place, the most common reason is that one partie simply refuses to attend, less common is when domestic violence is an issue.

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19 Mar 12 #318906 by Hacked Off
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Dukey

The ex and I were both fully informed regarding what mediation involved. She just refused. Point Blank. I think she thought she would get much more money if she went to court. She was wrong. She earns a very high salary, has no children and probably has better prospects than me. She was also only 29. The whole process became very bitter and acrimonious - from her side. All this for our 18 month marriage that she wanted to leave for her lover (who dumped her). What a joke. I''m glad its all over.
mediation SHOULD become law to stop cases like mine ever reaching court. I suspect another reason the ex wanted to get me to court was because she found out that, instead of sitting crying into my beer, I had met someone else....

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