Family Law Arbitration was featured in the FT and The Daily Telegraph yesterday and, as one of the country’s 40 trained family law arbitrators, I was asked to comment upon the benefits. I am delighted that arbitration – a potentially cost-effective alternative to the court process – is drawing attention.
I loved university: a big melting pot of different nationalities, religions, cultures and traditions. Lots of couples from very contrasting backgrounds got together. Some made it and stayed the course, but many more did not.
A commenter called Guy recently described his desolation after his wife announced her decision to divorce. He asked how he could delay proceedings, because he didn’t want to “lose” his children. You can read my replies to him here. He isn’t alone. Other readers face similar plights.
I recently looked at the case law involved in the wrongful removal and/or retention of children in England, and the oft-used argument that the return of children to their resident country will expose them to physical or psychological harm.
This time I would like to look at another common development.
By nature, human beings are fickle and emotional. Understandably, they are perhaps never more so than when embroiled in the divorce process. More often than not, divorce is an area of law prone to courtroom litigation, especially where there are substantial marital assets involved.
I visited the Staffordshire University Law School’s Annual Family Law Conference this weekend. It is a jewel of a day and is always brilliantly chaired by Dr Sue Jenkinson, whose own achievements in the face of adversity I have previously featured on this blog.
We have several red, white and blue Union flags flying proudly from our offices in celebration of the Queen’s Diamond Jubilee and the Olympic Games. It was the idea of our Chief Executive, Andrew Williams, who in his other role as Councillor at Ripon City Council has adorned the entire town with flags and bunting – possibly in expectation of a special royal visitor!
What happens when parents separate abroad and one of them wants to return to England and bring the children with them? The prospect of desperate parents resorting to child abduction immediately throws up a raft of complex emotional and legal problems. On this blog we have heard from many mothers who are literally “stuck” in foreign countries, unable to leave with their children unless they are prepared to do so without the other parent’s consent or permission of the court. The stakes are too high for most.
Family lawyers must embrace this fairer, more flexible and potentially cheaper option, says Marilyn Stowe.
Family law arbitration has been a hotly debated topic recently, encountering both praise and opposition since it was announced.
Earlier this week I was finishing off a light-hearted post recording happy events at the weekend with my family, when in an instant everything changed. All our joy was put into stark perspective as reports of the tragic murder of three Jewish children and a Rabbi in France filtered through the news channels.
On Sunday morning, after a gruelling spinning session at my local gym, I drove over to see my family at my sister’s house. When I arrived, I was met with a tremendous surprise: my mum was downstairs and she was walking! It’s been a long time since she has been able to walk so well and we were all thrilled. The joy and pride on her face reflected the smiles of everyone around her. It was a lovely gift for Mother's Day.
In-between travelling from Yorkshire to our office in London, I was invited to appear on ITV’s This Morning to discuss what rights separated fathers have in relation to their children. It’s been a tough but thoroughly enjoyable few days.
This is a subject we have not tackled before. It may be surprising to many people, but forced marriage, where one party is coerced into a loveless marriage, is a continuing issue in this country.
It seems to have been a week dominated by the subject of solicitors and costs. And the mud-slinging has had one particular target: my profession. After weighing up the pros and cons about commenting on the issue, I decided it is a topic I couldn’t really ignore any longer and duly wrote a post on it. Then yesterday I saw a report on a high court case in which an order for payment of wasted costs of £100,000 had been made against a firm of solicitors, who then successfully appealed that order.
Marilyn Stowe is the Senior Partner at Stowe Family Law LLP. Stowe Family Law LLP is authorised and regulated by the Solicitors Regulation Authority. SRA ref 469401. Stowe Family Law LLP is registered with Companies House, ref. 331570, and registered for VAT, number 918 5722 04. A list of members is available for inspection at our Harrogate office.
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