Press Releases

Resolution and the Law Society reject mandatory mediation.  

Both Resolution and the The Law Society have shunned the idea of mandatory mediation as a solution to the early resolution of private family law arrangements particularly in divorce cases. This must come as a shock to those of our members who have waited for up to a year for their first court hearing only to have the hearing cancelled at the last minute due to nonavailability of judges or magistrates. In the meantime, the non-residential parents lose the experience of the ‘wonder years’, the living arrangements are set in concrete and the future potential for shared care evaporates. The long gap between court application and first hearing is a perfect opportunity to get parents attending courses, talking with CAFCASS and mediating. Since the proliferation of Zoom shuttle mediation becomes so much more accessible.  FNF think Resolution and the Law Society should think again. 

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High Court Judge, Mr Justice Mostyn produces new CMS rules for High earners

 Judge Mostyn has recently produced two important judgements in relation to qualifications for child maintenance in cases where parents earn more than £156,000 gross per annum. 

The calculations are simple enough, too simple some say, when laid out in the charts in the Todays Family Lawyer. What does show up starkly is that if you have your child for 175 overnights per year, you still only get a CMS payment reduction of 3/7ths. Put another way. You still pay half your CMS payments when you have your child for a fraction short of 6 months a year. This is a financial incentive to limit parenting opportunities and shared parenting. This just must change. 

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Our attitude to feminism is, of course, deeply ambivalent. Not surprising, given the diversity of ‘the movement’ and their attitude to shared parenting. A useful distinction, for us, is this (click on the title to read in full)  

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Fewer Fact-finding hearings says McFarlane

Andrew McFarlane, president of the family division has called for fewer fact-finding hearings.

He called for an end to the ‘urban myth’ that fact-finding hearings were default in all hearings where abuse allegations were made. He calls for Judges to “…consider the nature of the allegations and the extent to which those allegations are likely to be relevant to making a child arrangement order.”. This is more a move to reduce the unacceptable delays in family courts but will be welcomed by parents who have found their relationship with their children blocked by fanciful allegations of abuse used to delay court proceedings and misuse course procedures. 

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https://drbenhine.co.uk/lost-dads-findings-from-the-fathers-and-family-breakdown-separation-and-divorce-fbsd-project/

The most important social research of recent years. Not of course across the world, but for us. 

Ben is talking to our AGM/Conference, 4th November, University of Manchester. Make sure you get there. 

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