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6. National Mediation Week – an opportunity wasted?

You may be forgiven for not realising that Jan 22nd – 26th was Family Mediation Week. (LINK). An initiative of the Family Mediation Council who are sponsored by the Family Mediation Association, Our Family Wizard and a number of Family Lawyers. It’s a pity because the full week was dedicated to a range of great events for the public, professionals including social works, teachers and health workers, professionals in the family justice system including lawyers, CAFCASS and the judiciary and finally events for mediators. 

 

While there are no sanctions for refusing a mediated child care arrangement for separating couples, while one parent receives legal aid and the other doesn’t, while there are no sanctions for lying in court, while court delays destroy loving parental relationships to the perceived advantage of the resident parent and CMS arrangements provide financial incentives to keep overnight parenting arrangements to a minimum, it will be only the preferred option of the most reasonable and fair minded.

 

FNF are strongly of the opinion that a mediated settlement in family separation is an essential component of a reformed family court system but the current incentives mitigate against it for so many. 

 

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29 January 2024

5. Reporters in the family courts 2024

Sir Andrew McFarlane, President of the Family Division, announced this project a year ago (LINK). In 2024 we are to see its fulfilment following trials in Leeds, Cardiff and Carlisle for judge-based hearings which were extended in November to cases being heard by magistrates. Evidence for the proposal was published by SCRUTINY on behalf of the Government with guidelines and explanations of how confidentiality will be maintained (LINK). 

 

How this initiative will develop is yet to be seen but the proposals allow for registered court reporters and legal bloggers to attend with the permission of the judge or magistrate presiding. It is unlikely that local courts will be flooded with observers. Much of the interest will be in high profile High Court cases but it is a small step towards transparency which we welcome. The current arrangements will only apply to public law cases. 

 

We are concerned, however, that the only people who apply for the right to report will be those with an anti-shared parenting agenda.  The answer, in our view, is that all family proceedings are public and can be reported on. With the same provisions as apply in criminal proceedings.  And that there are the same strict, enforced and effective provisions that prevent the identification of children.

 

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29 January 2024

2. A 2024 message from your kids

Dear Mum and Dad, 

I understand that you don’t love each other anymore and don’t want to live together, and although it’s sad it’s better than you arguing and frightening over me all the time. This is what I want you to do. 

• I love you both and I want to see you both, but I don’t want you being nasty about each other in front of me. It makes me feel really bad …and remember I can hear you even when I’m not in the same room. 

• Please sort out who pays for what. While I am young and go to school or Uni, I won’t be able to support myself. I rely on you both. 

• Don’t make me spy on my other parent or pass on messages. Don’t interrogate me about the other parent when I come to your home. I’ll tell you about it when I want to. 

• Don’t be possessive about me or things that belong to me. I want to belong to you both. Sometimes I have to take my football kit or bike to my other parent. Please make this easy for me. 

• I understand that grown-ups plan my life, but please ask me and keep me informed about what you decide. 

• Don’t make me feel guilty about seeing my other parent. 

• Don’t ask me to choose between you. 

• Don’t make permanent decisions about me when you are in a bad mood. 

• My birthdays, holidays, school events, family events are all special to me and I may want to spend time with both of you on those days. 

• I have two sets of family. Dad’s and Mum’s extended family and I want to see them all. Just because you may not like them does not mean I don’t too. Talk to me about it. Don’t assume my feelings are yours. 

• Don’t get upset If I want to spend time with my friends. I’m growing up! 

• Remember I may not always want the same as my brother or sister. 

• Don’t ask me to lie to my other parent or professionals. 

 

I want you to feel happy for me as I grow up and learn stuff. I know you are both not perfect and make mistakes and so do I but, despite everything, I love you both to bits. Remember… if the other parent gets a new partner, I’m cool with that. It will make no difference to how much I love you. 

 

Signed 

 

Your kids 

With thanks to Family Justice Young People’s Board ( LINK )

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29 January 2024

4. Collaborative Practice – an explanation from David Emmerson of Anthony Gold Solicitors

An explanation from David Emmerson about collaborative practice is provided here.

 

Collaborative practice (LINK) is another way of voluntarily resolving your dispute without going to court.  In common with mediation, you and the other party are the decision makers and in control of the process, but you will have your lawyer with you throughout to give you advice and guidance. 

 

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29 January 2024
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1. URGENT CMS and the Post Office crisis. Write to your MP about this.

Amid the extensive coverage of the Post Office/Horizon scandal, we wish to shed light on another government agency which raises more potential concern, that being the recent developments regarding the Child Maintenance Service (CMS) powers currently under consultation, specifically the introduction of Accelerated Enforcement, demand attention.

Any implementation of Accelerated Enforcement Powers marks a notable shift, removing the legal certainty of due process by eliminating the necessity of a liability order before enforcement. While the intention may be to streamline processes, it raises valid concerns about potential impacts on the rights and fairness of those involved.

Drawing parallels to the recent Post Office scandal, where ‘self-investigations’ and lack of judicial oversight led to unjust prosecutions, underscores the critical need for transparency, accountability, and fair procedures in any enforcement system.

As an organization dedicated to advocating for the rights and well-being of our members, we are actively monitoring these developments. It is essential to ensure that any changes in CMS powers are implemented with due consideration for the principles of justice and legal fairness.

We encourage you to stay informed, engage in relevant discussions, and voice any concerns you may have. Your insights and experiences are invaluable in shaping a system that genuinely serves the interests of all parties involved.

We urge you to write to your MP, even if you do not currently utilize the Child Maintenance Service, and bring to their attention the potential for another scandal in the making. A draft letter is included for your convenience – as an election is approaching, now is an opportune time for them to listen to your concerns.

 Please find the letter template by clicking in the title of the article and scrolling down the main website (FNF-BPM) page.

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3. New Year Resolutions for Separated Parents

1. I promise never to miss an opportunity to see or speak to my kids, to write, email, send small gifts, text, WhatsApp, phone, and visit. 

 

2. I will look after my own health in the knowledge that I can’t be of any use to my children if I am sick, depressed, poorly nourished, fatigued, addicted or lacking motivation or enthusiasm. 

 

3. I will maintain my positive friendship groups to keep my mind and social skills healthy. I will not associate with people who are negative or exploit me. 

 

4. I will become an expert in the things my children enjoy, be it dinosaurs, Spiderman, stamp collecting, Barbie, TIKTOK, or rap. I will encourage, at every opportunity, my children’s natural talents. 

 

5. I will practice negotiation, compromise and positivity with my work colleagues in order to make it a feature of my time with my children. 

 

6. I will put past bad relationships behind me and not seek vengeance or revenge for past actions. I will always speak well of my children’s other parent in front of my kids because I know they love them as much as I love my kids. 

 

7. If I fail to achieve these goals, I will strive to find the support to help me achieve them to the best of my ability. 

 

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More Articles ...

  1. Surviving Separation Course- Putting the Children First
  2. INCOME MANAGER
  3. CHRISTMAS SURVIVAL. TIPS FOR SEPARATED PARENTS
  4. TEAMS DROP-IN ON CHRISTMAS DAY
  5. AROUND THE WEB
  6. MATCHMOTHERS
  7. CHRISTMAS IS A TIME FOR GIVING!
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