Making sense of Marriage Breakdown

In the theme of family support and changing the horizon for divorce, mediation can help make things as easy as possible for separating couples.  It is quicker and less costly than court proceedings.  Where families find themselves in court seeking an answer to resolve their family dispute, it is often the case that there is […]

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Family Mediation has a Vital Role to Play

The former President of the Family Division, Sir James Munby gave a talk at the Annual General Meeting/Conference of NACCC on 24 November 2018.  Making reference to a judgment he had delivered in 2004 (Re D (Intractable Contact Dispute: Publicity [2004] EWHC 727 (Fam) [2004] 1 FLR 1226) which he described as an analysis and […]

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Mediation over Brexit

National Family Mediation has submitted that hands on action is necessary to encourage Family Courts to effectively use the powers they hold in terms of boosting mediation numbers. The charity’s CEO Jane Robey said “We know government thinking is completely dominated by Brexit.  But no new legislation is needed: just the proper enforcement of existing […]

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Divorce Law on the move?

For the first time in 50 years, major changes are proposed for Divorce Law in the UK.  Draft Legislation was published on 18 July 2018 when it received its first reading in the House of Lords.  The Bill requires the government to consider proposals for no-fault divorce.  As the law stands, in order to seek […]

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Call for update on Divorce Law

Owens v Owens [2017] EWCA Civ 182. The Judiciary has recently been addressing a case in which Resolution were granted exclusive permission to intervene on behalf of the wife, who seeks a divorce based upon her husband’s unreasonable behaviour.  The husband challenged the petition on the basis that his behaviour was not unreasonable enough to […]

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Separating couples increasingly turn to the Court to resolve family disputes

More separating couples are turning to the Court with their disputes about arrangements for their children.  Cafcass has reported that applications they have received during April-May 2018 have continued to rise over a 5 year period, 3,513 applications were issued during the last month. Follow this link for this months records – https://www.cafcass.gov.uk/about-cafcass/research-and-data/private-law-data/ The Family […]

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Children’s Rights

In 1989, the United Nations Convention on the Rights of the Rights of the Child was drawn up and is the most comprehensive document detailing the rights of children.  It has 54 articles and 42 rights and it placed a duty upon governments and adults to ensure children and young people had access to their […]

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