[WARNING: Not for readers of a nervous disposition]
Once upon a time there were Legal Aid Contracts.
Once upon a time there were Legal Aid Contracts.
Sam Hasler practises (?practices) law in Anderson, Indiana, and his blog obviously reflects Indiana state law, but his horizons clearly don't stop at the state boundaries. A number of his posts mention English blogs, and I am grateful to him for several mentions of Family Lore. He is also open, as we should all be, to ideas across the world, including from here and Australia. What particularly impresses me, though, is the number of posts and the range of subjects that Sam energetically and enthusiastically covers. A definite recommendation.
The top blog in the top 30 is the Divorce & Family Law Attorney Blog by Houston lawyer J. Shannon Cavers. This long-running blog contains a good mix of law and advice on a large number of topics, and is primarily aimed at members of the public. Nicely written and informative.
It may not be everybody's idea of a fun day out, but Austria is to host the world's first "divorce fair" in Vienna on the 27th to 28th October. Exhibitors will apparently include lawyers, mediators, estate agents, "life-crisis experts", private detective firms (that should be interesting) and DNA laboratories offering paternity tests(!). The organisers appear to have thought of everything, even reserving Saturday for men and Sunday for women, so couples can "avoid awkward encounters and retain a degree of anonymity".
In this recent post I suggested that tax changes were one reason why fewer couples have chosen to marry in the last ten years. The Labour Government has long made it clear that tax policies should not favour married couples as this would discriminate against cohabitating couples, single parents and their children. Until now. In what looks suspiciously like another example of Labour hijacking Tory policies, Andy Burnham, the Chief Secretary to the Treasury, has hinted in an interview with the Daily Telegraph that the Government is considering tax incentives for married couples. Burnham said that there is a “moral case” for promoting marriage through the tax system, which seems a strange thing for a Labour Minister to say.where a shared residence order is opposed, the Court is bound, by virtue of s.1(3)(f) [of the Children Act] to have regard to the capability of the parents to accommodate the child. The local housing authority ought, therefore, in that circumstance, be given the opportunity to comment upon local conditions and the effect of a shared residence order on others in priority need and on its own allocation scheme. Accordingly, where those matters have been taken into account, as they ought to have been, it is difficult to see that there is any room for a local housing authority to do other than follow the decision of the family court on a contested hearing [paragraph 48]
I see every reason why a local housing authority, in performance of its obligation under s.193(1)[of the Housing Act], should consider afresh the reasonableness of an applicant's expectation that a dependent child will reside with the applicant. Furthermore, in considering the reasonableness of that expectation, a local housing authority is not just entitled, but obliged to consider the extent to which the children's needs require the child to live with, as opposed to stay with, the applicant [paragraph 49]
What should we teach our children as the truth? Facts, based upon science, or some fantasy, based upon delusion? This is increasingly the dilemma in more and more of our schools, as the nonsense of creationism and 'intelligent design' are promoted as truth, spurred on by a combination of pressure from religious groups and relativists who require us to respect the beliefs of others, even if they are utter rubbish.
The most striking statistic revealed by the Focus on Families report published by the Office for National Statistics yesterday is the huge increase (nearly 65%) in 'cohabiting couple families' over the last ten years. This is considered important, as statistics also reveal that 'married couple families' are healthier and their children are higher achievers.
Marilyn Stowe of the Grahame Stowe Bateson (Private Client) Family Law Unit in Harrogate has written an article for the Telegraph about 'forum shopping', including some basic advice for the (potential) 'victims'. For those who have not heard of it before, forum shopping is issuing divorce proceedings in the country where you believe the divorce laws are most favourable to you. As Marilyn points out: "it is not unknown for emigration to be the first step of a carefully-planned strategy", whereby unscrupulous (usually) husbands arrange for the family to emigrate purely so that they can take advantage of that country's laws and obtain a more favourable divorce settlement.
I've just received an e-mail from the Senior Clerk at Clarendon Chambers informing me that their Family Law Team now run a blog. The blog comprises various articles and updates written by the team and is therefore logically called the Clarendon Chambers Family Law Team Update.
In an interview with The Times today Sir Mark Potter, President of the Family Division, states that the matrimonial property regime is "ripe for review by the Law Commission". This is pleasing - I (and many other family lawyers) have been calling for a review for some time. I note in particular that Sir Mark refers to European jurisdictions, where they have set rules on ownership of matrimonial property - hopefully, Sir Mark envisages that we have a similar set of rules, which should clarify matters significantly and make it far easier to advise.