Brandon Muir Sentence

Robert Cunningham convicted of killing Brandon Muir earlier this month ( see this post) has been jailed in Glasgow today for 10 years.

Urging the judge to be careful when considering a critical social inquiry report on Cunningham as the social work department "were not a disinterested party in this case" Ian Duguid QC, told the judge that his client did not mean to harm Brandon.

In his statement Judge John Morris told Cunningham "Your assault upon him was sufficient to rupture his internal organs and must have caused him considerable pain."

"Such an act of wanton violence against an innocent child, aggravated as it was by your failure to obtain medical assistance for him knowing what you had done must be marked with a substantialprison sentence."

Full story Source The Herald 31 March 2009

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Fathers ‘must be given more paternity leave’

A radical change to parental leave arrangements was needed to make sure that fathers and lower-income parents took advantage of their rights, a new report urged today.

The Equality and Human Rights Commission said fathers should be given more leave and there should be more sharing of time off between parents.

Full story Source The Herald 30 March 2009

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March Blog Highlights

Jonathan Mitchell QC : Google Street View and the law
Following suggestions that Google Street View which was launched in Scotland earlier this month is illegal Jonathan examines the legal issues. His conclusion is bad news for cheating spouses (or any miscreant) caught on camera as there is no authority to support the notion that photographing ordinary street scenes is unlawful.


Family Lore: Brave new world
In a speech to the family lawyers organistation in England & Wales Resolution Mr Justice Andrew McFarlane said new plans to open family courts to the media do not go far enough. The press release is here.

Family Lore: Resolution calls for no-fault divorce
Resolution called for a radical overhaul of divorce laws at it's national conference by asking the government to help take the blame out of divorce and separation by introducing no-blame divorce. It was also said the government "should commit to undertaking a thorough review of family law so that couples can be clearer from the outset about how their finances will be divided." The press release is available here.


Marilyn Stowe: Financial Dispute Resolution – look out for these stumbling blocks
In 2006 new cost rules were introduced in England & Wales for ancillary relief (the court procedure for resolving financial matters) requiring each party to pay their own costs. Marilyn Stowe has noticed a trend with the new rules being used as a weapon to force one party into accepting an offer, because they are worried about mounting legal cost.

Marilyn Stowe: Mesher Orders and Martin Orders: What You Need To Know
In England & Wales Mesher & Martin orders are sometimes used to defer the sale of the former matrimonial home to enable one party (usually the wife) to temporarily remain living there whilst the other party maintains an interest in the property in the form of a chargeback. This can be fraught with problems when the time comes to sell the house, leaving the person who remained in the former matrimonial home unable to afford to buy another property.


Pink Tape: Three posts about the impact of the government’s latest round of proposed cuts in legal aid in England & Wales on vulnerable families and children here, here and here.


Judith's Divorce Blog
Interesting posts about the recession, not intervening in others marital relations and winning in Judith's unique style


Los Angeles Divorce and Family Law: International Divorce
An article from the The Economist. Thanks to John Bolch of Family Lore Focus for the tip off.

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Science Isn't Wrong

... It's what you do with it that counts.

According to recent media headlines, ethanol derived from biomass is a ‘Frankenstein Fuel’, human DNA inserted into a cow’s egg delivers ‘Frankenstein’s Monster’, and even the sub-prime mortgage disaster is a consequence of ‘Frankenstein Finance’. E&T asks: what exactly does this much-abused journalistic cliché mean?

Full Story Source Engineering & Technology 18 March 2009

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In Support of Marriage

Call me romantic but despite it being 10 years since I separated from my ex husband and having no intentions of remarrying in the near future I am a great believer in marriage. There is nothing wrong with cohabitation, it just isn't the same thing. The Top Ten Myths of Marriage by Warren R. Shiell of Los Angeles Divorce and Family Law outlines some of the reasons why.

"Both men and women live longer, happier, healthier and wealthier lives when they are married. Husbands typically gain greater health benefits while wives gain greater financial advantages"

"Many studies have found that those who live together before marriage have less satisfying marriages and a considerably higher chance of eventually breaking up."

"..... there may be less motivation for cohabiting partners to develop their conflict resolution and support skills."

"married people have both more and better sex than do their unmarried counterparts. Not only do they have sex more often but they enjoy it more, both physically and emotionally."

"Cohabitation typically does not bring the benefits—in physical health, wealth, and emotional wellbeing—that marriage does. In terms of these benefits cohabitants in the United States more closely resemble singles than married couples. This is due, in part, to the fact that cohabitants tend not to be as committed as married couples, and they are more oriented toward their own personal autonomy and less to the wellbeing of their partner."

Thanks to John Bolch of Family Lore Focus for providing the link to this post.

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