Munby urges radical reform of family courts
The president of the Family Division has publicly questioned whether divorce should remain subject to judicial supervision.
Sir James Munby (pictured) told last week’s Legal Wales Conference in Bangor that ‘radical’ reform is necessary to address the effects of legal aid cuts.
Munby said the new child arrangement programme, which came into effect in April, requires a new approach to private law cases.
He stated that the system must reflect the ‘reality’ that parties will no longer be represented and the courts will have to adjust accordingly.
‘The concept of the courts’ continuing monitoring and review function following the substantive hearing – the legacy of ideas rooted in old wardship practice – will in large measure become a thing of the past,’ he added.
On divorce, Munby suggested even more fundamental change may be required.
He asked whether the time has come…
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“When you accept yourself and all your flaws, you don’t particularly need to focus on self-esteem per se. You focus, instead, on being as good as possible at what you actually do. You may have a positive sense of self, but you don’t blow your sense of self-importance up out of proportion. If you make a mistake, or if someone criticizes you, it’s not the end of the world. You’re the first one to admit that you’re not perfect and you know that there will be days that don’t work out quite the way you’d have liked.” – Susan Krauss Whitbourne, Ph.D., What a Narcissist Needs is More, not Less, Self Love.
I have to confess that the only reason I chose to read the article – What a Narcissist Needs is More, not Less, Self Love – is because I found the title irritating, especially the first half of…
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I am an alienated child, I am sure of myself and the world that I live in, I know what is true and what is not and I have been told many stories about you from the past as well as the present. When you try to tell me that what I believe is wrong I know that this is confirmation of everything they say about you, you are tricking me, you are trying to control me, you are dangerous to me and those who love me.
I am an alienated child, I am self righteous and indignant if anyone dares to suggest that what I know to be true is wrong. I will not listen to you or to anyone who tries to stand up for you, I will cut out of my life in a second the people who do not agree with my point of view.
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In the wake of Sir James Munby, The President’s Practice Guidance (issued on 13th October), which effectively prevents ex parte non molestation injunctions from being issued for an unlimited period, Sir Nicholas Mostyn has released a consultation.
The consultation aims to look at the proposed language to be used for drafting these orders and the suggested format of the draft orders (and permitted deviations from the forms).
The Courts and Tribubals website tells us that comments should be sent to Joanna Wilkinson (Joanna.email@example.com) by 10 November 2014.
My name is Matthew* and I’m 13. I live with foster carers now, and they’re nice. I ended up in care when I was little because my parents abused me, but I still have to see them. I try not to make a fuss about that because the social workers say it’s important for me to have a relationship with my mum and dad, but I feel very uncomfortable during contact and more than anything, I wish someone would make it stop.
But nobody listens.
Nobody except my grandma.
My grandma is a very good person. Sometimes she says things that surprise me, but I know she loves me and I love her, too. She stands up for me. I can’t tell you how much that means to me.
My life is really restrictive. I can’t cycle around my neighbourhood because my family complained about cuts and bruises they’ve seen…
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“In the best interests of the children” is the cornerstone of family law in Canada. As is the principle (with few exceptions) that children benefit from the continued involvement of BOTH their mothers and fathers after divorce.
Yet over the 20 years that I have been a divorce lawyer, I have seen spouses and partners who not only don’t have their children’s best interests at heart, but rather have an overwhelming urge to “get back” at their ex, or ex-to-be spouse — and use their own children to do it.