On Tuesday 4 December Karen Woodall of the Centre For Separated Families will talk of her work with high conflict families experiencing parental alienation. There is afternoon event is intended for professionals working with families, and the evening event for FNF members and others affected by parental alienation although these events are open to all. Further information available here. Equal time shared care is just another thing for parents to argue about and not really about the welfare of children. The biggest obstacle to parents sharing caring 50:50 after separation is the absence of shared care 50:50 before separation* and that is because of the working practices in the UK. Most men with dependent children work in full time inflexible jobs where as around 60% of women with dependent children in the UK don't work or work in part time lower paid flexible jobs to fit around childcare.** Countries with more equal opportunities have higher employment rates among women, more shared care before parents separate and higher estimated rates of shared care 50:50 after separation.
"Residence," "contact" and "shared residence" are terms that leave parents with a sense of winning or losing and make it difficult to negotiate or mediate arrangements.*** Parental Responsibility and Rights means legally both parents already have equal responsibility and rights to carry out those responsibilities. I think education explaining this to separated parents, encouraging them to put the needs of their children first and giving them strategies for dealing with conflict is the way to go.
* Continuity of care is important "it is generally accepted that the preservation of the status quo operates for the benefit of the child ... " Family Law In Scotland - Joe Thomson
** Focus On Gender 2008
*** "We recommend government should develop a child arrangements order, which would set out arrangements for the upbringing of a child when court determination of disputes related to the care of children is required. The new order would move away from loaded terms such as residence and contact which have themselves become a source of contention between parents, to bring greater focus on practical issues of the day to day care of the child…" Family Justice Review
Actually apart from the usual holidays I haven't been that far, just busy. Since I last blogged three years ago some very important things have happened. My last posts were about the launch in Scotland of the Civil Courts Review and the Reaction to the Review. In England & Wales the Family Justice Review Final Report was published in November 2011 and reform in both countries is now underway.
Not much I can write about Lord Gill's Civil Law Review Report yesterday that has not be written elsewhere but I was relieved to see that the recommendations to introduce McKenzie Friends include a provision that, unlike England & Wales, the McKenzie Friends are not to be entitled to remuneration.
THE most far-reaching reform of Scotland's civil justice system in nearly two centuries has been proposed as part of a landmark review of the country's court system.Full Article Source The Scotsman
Justice Secretary Kenny MacAskill said: "A strong and independent legal profession is part of the institutional framework of a modern democracy.
"The legal profession contributes an estimated £1bn in turnover to the Scottish economy annually. This new legislation will help it grow and compete in the UK and internationally."
The new business structures have been branded "Tesco law" in England but Mr MacAskill denies this will be the case in Scotland.
Mike Dailly, principal solicitor at the Govan Law Centre, said: "This Bill seeks to commodify access to justice in Scotland, and in so doing strikes at the heart of justice, the rule of law and the principles of a fair and democratic society."
Ian Smart, President of the Law Society, said: “The Society has been active in driving the debate on alternative business structures (ABSs) and I am very pleased that the Legal Services (Scotland) Bill has been introduced into Parliament.News Release Source Law Society of Scotland
“The Society believes that Scotland’s legal profession should be able to adapt to best meet the needs of modern society and a global economy. Scots lawyers are well respected around the world and we want to ensure that our members have access to the opportunities that ABSs could present to adopt new practices, to deliver the services their clients expect and develop their businesses in Scotland, as well as elsewhere in the UK and overseas.
"However it will be vitally important that the Bill ensures the independence of the legal profession, promotes access to justice and maintains robust consumer protections and high standards among those delivering legal services. Effective regulation will be key to any plans for change.”
Scotland’s foremost consumer organisation has welcomed the publication of the Legal Services (Scotland) Bill today, Thursday 1 October, as a step forward in widening choice for users of legal services.
Sarah O’Neill, Head of Policy and Solicitor at Consumer Focus Scotland, said: “We have long campaigned for a more open market in legal services in Scotland and the creation of new ways of delivering them. The Legal Services Bill paves the way to open up competition in the market and widen choice for users of legal services.”
FORTY YEARS after McKenzie Friends were first introduced in England & Wales, the long awaited Civil Courts Review, undertaken by the Lord Justice Clerk, Lord Gill, has finally ended the decades long discrimination against Scottish court users, by recommending the introduction of McKenzie Friends to Scotland as well as a whole range of much needed improvements for Scots access to justice, including the introduction of simplified court procedures, more advice on legal rights, increased use of mediation, and finally and end to the infamous exclusion of Class Action litigation in Scotland’s antiquated civil courts system.Full Post Source A Diary of Injustice
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