This has been a hectic year so far, but we are looking forward, as we approach our 50th Year, to being in a much better place.

We may have been a victim of the closures of some bank accounts for - maybe - having unacceptable views. We simply do not know. We have complied with every request from our then Bank, HSBC. They still closed our account without explanation. Worryingly we were described in the press as a ‘Fathers’ Rights’ charity. It’s a sign of hostility when that happens. Friends and neutrals describe us a shared parenting or sex/gender equality charity. We describe ourselves one for children’s rights to both parents. The situation has been dealt with and no funds have been lost, but it has been tiresome and time consuming.

We have had two recent useful meetings to help prevent the problems most of us have at source.

A renewed and positive relationship with CAFCASS, the social work agency which prepares reports and recommendations to the family courts. We have been invited to their review of the ‘Child Impact Assessment Framework. ‘ They are making progress how they deal with domestic abuse in family proceedings, but there is still resistance to seeing contact denial as one aspect of it.

The second meeting was with Nichole Jacobs, the domestic abuse commissioner and her team. This was in a useful alliance with Mankind, Dads Unlimited and the Paul Lavelle Foundation. Our stance was that the family courts sometimes inflicted as well as colluded with abuse being inflicted on partners and children. The Commissioner appeared to accept that this could happen. We look forward to their report. More next month after its launch, to which we have been invited.

Of course we look forward to Sam joining us and helping us go forward.

You are welcome to give your views at paul.ocallaghan.trustee@fnf.org.uk

Free Download from Family Justice Young Peoples Board

Following recent discussions with CAFCASS, FNF have been asked to include a plug for the FJYPB book In Our Shoes. It is the stories of young people as they journey through the Family Court System. Some stories are difficult to hear some are well known to us all, but they are all worth a read. FNF are always keen to promote the experiences of children when faced with the ordeal of Family Courts and separation in the hope we can alleviate some of the trauma. 

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. 

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. 

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. 

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. 

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)  

We were one of the first branches to start our meetings online when Covid struck. Consequently, we have quite a few members we support from all over the country. Specially the areas where there are no branches. Our meetings, twice a month, usually have up to 20 or more attending. Our record is 36! We usually have a solicitor present to provide legal advice and where she is unable to attend one of our branch members who is completing his SQE and works as a McKenzie, can provide all the legal information most members need. 

With so many members to help we run a number of very active WhatsApp groups which have taken the strain off the branch committee. The branch members with the support of Ian Findlay, Greg Downing and John Varguese have developed an 8-week course called Surviving Separation – Putting children first. We run it three or four times a year and have great attendance. The certificate we provide at the end of the course has had positive comments from several judges. 

Legal Aid reform delayed by antiquated IT system

The MOJ has finally published its response to the legal aid means test review and agreed to expand civil and criminal legal aid to include 6 million more people.

Child Support Collection (Domestic Abuse) Bill will gain Royal Assent. LINK

This government backed bill, now approved by parliament, will allow the Child Maintenance Service (CMS) to force parents where domestic abuse has been found to have occurred, onto the Collect and Pay system.