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
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.
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.
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.
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....