Magazine - Family Law

A recent report from the Centre for Social Justice focused on family law. On 16th July 2009 I started a thread on Wikivorce asking members what they would change if they could.

John Marcotte hopes to gather signatures supporting his proposed law to 'ban divorce' in California. Marcotte has 4,000 Facebook fans, and close to a thousand dollars in donations. He's even sold out of T-shirts which read, " You said, till death do us part, you're not dead yet."

When parents separate often the most contentious area is that of the children; with whom they shall live, and whether, and, if so, how often they should see the other parent. If part of the parental separation concerned drug or alcohol abuse, this area becomes even more fraught. 

Unless both parents consent to a child’s relocation from one country to another, such a move can be considered international child abduction. But when a relationship ends, it is tempting to return home, to a safe environment. What if you live in another country and children are involved?

In July 2007 new law in respect of domestic abuse was rolled out in the form of the Domestic Violence Crime and Victims Act 2004.  This changed the way the courts dealt with incidents of abuse.  Previously, if a victim of domestic abuse had a non molestation order, a breach of that was dealt with as a contempt of court.  In brief, what happened was the abuser was arrested, kept in custody, brought before the court usually within hours, and dealt with, usually by way of a custodial sentence, which could be suspended for the first breach.

The family justice system is suffering a great deal... Of the many symptoms it harbours, none is perhaps more visible than its lack of responsiveness to the myriad consultation papers and constant lobbying by politicians and pressure groups alike.

There is nothing like a sound bite to get the attention of a nation, but when the laceration is filled with rabid logic, a shot of realism is sometimes required to heal the wound. Lady Deech’s dogged stance on divorce law has impacted the legal world and sent an unpleasant message ricocheting through the system: change legislation on divorce to reflect the modern view or face the consequences of an ailing system.

The Adoption and Children (Scotland) Act 2007 came into force on 28th September 2009, making major changes to the law surrounding adoption, writes solicitor Gus Macaulay. The press has focused much of its attention on the fact that it will now be possible for a same-sex couple to adopt a child together.

I bet you have and I bet I can guess at least 5 of them... What will happen to my children? What is Fair? What are my Legal Rights? How long will it take? What do I need to do next?

With divorce leading to suicidal tendencies in children, should the legal profession remain the ‘gatekeepers’ to such an emotional issue? So should it be left to Government and the legal profession to be solely responsible for trying – so far unsuccessfully – to improve a situation that leads to children being so unhappy that they feel like killing themselves?

There remains a great deal of scepticism about the Collaborative Law process. An American law firm recently wrote this about it: "Couples who are facing a divorce are not likely to hire lawyers who are more akin to mental health therapists and advocate that everyone get naked, jump in a pile, eat potluck and sign agreements mutually beneficial to everyone”.

I have received the draft of a letter from an anonymous source, which I lay out below, from an individual who is very much against divorce, to the point that he feels we should ban it altogether.......