All Things Family Law

There are various versions of the myth about gold and rainbows. Perhaps the most ancient version goes that fairies with great wealth buried their treasures and gold at the end of the rainbow, guarded by Leprechauns. Any experienced family lawyer, therefore, has to be on alert to the fact that the colour of one’s disclosure might in fact be caused by reflection, refraction and dispersion of light.

With Brexit dominating the political arena, one could be forgiven for failing to notice that in December 2018 the Divorce (Financial Provision) Bill had its third reading in the House of Lords and is continuing to make its way through Parliament.    Such is the concern within the family law community that the Law Society Gazette reported earlier this month that Lady Hale, the President of the Supreme Court, had taken the highly unusual step of criticising the bill ( https://www.lawgazette.co.uk/news/hale-risks-political-storm-by-questioning-legislation-before-parliament/5070911.article ). So what is it all about? The bill, if it passes through parliament and becomes law, proposes to radicalise the way financial settlements are made on divorce. It seeks, in some respects, to pull the rug from beneath the discretionary feet upon which the family courts presently make decisions, potentially removing the uncertainty as to a spouse’s entitlement on a di...

Parental alienation is very serious. It undermines the very fabric of a child’s emotional well being. But it is complex. The court must assess all of the evidence. Why does the child not want to see the other parent? Is it justifiable? Have they witnessed abuse? Is this creating a distorted sense of loyalty to one parent? Or is the child a pawn in a game? These are just a few of the questions that need to be considered. As a family lawyer I can say that I have been on both sides of the fence. Whilst of course the evidence and how you present it is key, a crucial element to any such case is the observations of Cafcass (they are the eyes and ears of the court and will advise the court). Set out below is a tool kit applied by Cafcass as behaviours indicative of alienation. Typical behaviours exhibited by a child where they have experienced alienating behaviours