February 2017 / 40 posts found

Can You Seal Your Divorce Record?

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Nearly everyone going through a divorce prefers that the record for his or her case be sealed so it remains private. On the other hand, the public has an interest in protecting the justice system from private arrangements that might compromise the judicial system. And a transparent judicial system available at all times for public inspection ensures that litigants are able to predict how judges will rule in many cases, which helps them negotiate with each other with greater confidence. This, in turn, fosters greater judicial economy. So how should judges rule when one of the parties requests that the […]

Children have no right to speak to family judges

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Whilst the Freedom of Information response from the Family Justice Policy Division blames the last government for failing to implement this policy, this assertion is not quite right. Dr Phillip Lee, who was appointed Parliamentary Under Secretary of State for Victims, Youth and Family Justice in 2016, confirmed that the current government was working on this policy only 4 months ago, in October 2016. Dr Lee had this to say at the Family Justice Young People’s Board 2016 Voice of the Child Conference: ‘Guidance on children’s participation in proceedings is key to the voice of the child agenda. It is […]

Prime Minister plans major work programme leading towards a Domestic Violence and Abuse Act

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Home > News Theresa May will directly oversee the project Prime Minister Theresa May has announced plans for a major programme of work leading towards bringing forward a Domestic Violence and Abuse Act. The Government has said that the way domestic violence is dealt with at the moment does not go far enough – with a plethora of different offences and procedures scattered across the statute book. This lack of clarity, it says, has led to an unacceptable diversity across the country in terms of the degree of effort put in to try and tackle it. Although the prosecution of, […]

On The Brink Of Divorce? Maybe This Book Can Help!

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“First Comes Us” is a new relationship self-help book by couples therapist, Anita Chlipala. I have the book and my opinion is that it great not only for couples on the brink of divorce, but for couples who need help reconnecting and opening up the lines of communication, and even happy couples who want to stay connected! Check out my Love Essentially column below, which includes my interview with Chlipala and a sneak peak at the book! Will An Exercise A Day Keep The Divorce Away? by Jackie Pilossoph for Chicago Tribune Pioneer Press “We used to be best friends.” “We […]

Parliamentary Group on Children of Alcoholics launches manifesto

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Home > News Group calls for national strategy to counter ‘Britain’s biggest secret scandal’ The All Party Parliamentary Group on Children of Alcoholics has launched a manifesto calling for the government to create a national strategy to “break the cycle of this terrible disease” and properly to fund local support for children of alcoholics. The APPG says that one in five children in the UK lives with a parent who drinks too much. Compared to other children, children of alcoholics are:  twice as likely to experience difficulties at school;  three times more likely to consider suicide; and  five times more […]

When The Wife Leaves: The Ongoing Debate Between Men And Women

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One of my most popular blog posts of all time is “Honey, I Want A Divorce: When A Woman Decides to Leave.” With over 200 men and women leaving their comments after reading it, the subject of a wife leaving her husband is clearly a topic of contention between the two genders.   I have read every comment on the post and what I find is that although each person’s thoughts are unique, they all have a similar theme: The men are basically saying “She Left Because She Is Selfish.” and the women are saying: “He Has No Clue How […]

Adopting Scottish Children in England

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Home > Articles Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children. Lorraine Cavanagh, barrister, St Johns Buildings The President of the Family Division, The Right Honourable Sir James Munby, handed down a judgment on the 17 January 2017, Re A and Others (Children: Scottish Adoptions) [2017] EWHC 35 (Fam) concerning six Scottish children placed by Scottish adoption agencies with prospective adopters in England. Each child was subject to a permanence order with authority to adopt, made by a Sheriff […]

Should We Make Divorce More Difficult?

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When you’ve been focusing on divorce as long as I have, you hear a lot – I mean a LOT – about how divorce has become too easy. “People don’t take marriage seriously any more; the first time they have an argument, somebody runs out and gets a divorce.” The latest salvo comes from the son of a Baptist preacher turned Texas legislator who has introduced legislation to do away with no-fault divorce. He’s part of a decades-long pattern of religiously-minded men who want to impose their faith practices on public policy. What we’re actually seeing undermines the easy assumption […]

How Not to Revoke a Prenuptial Agreement

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This case is painful to read. Margaret Ann Harrison and Jerry Harrison were married for more than 25 years. He was almost certainly unfaithful to her. She presented evidence that, following one episode of his infidelity, she and he had agreed to cancel the prenuptial agreement they had signed the morning before their wedding as a prerequisite for her continuing in the marriage. Yet at divorce, he was able to enforce the prenuptial agreement. The case is Harrison v Harrison, DR 2150883 (Ala. Civ. App. January 20, 2017). The husband’s and wife’s testimony was contradictory, so it was left for […]

Changing Child Custody After Divorce

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Courts allow one of the parties to a divorce to ask after a divorce for a change in the living arrangements for a child of the divorce, but most states require a significant change in circumstances to avoid disrupting the child’s life unnecessarily. In Alabama, that requirement is embodied in the case of Ex parte McLendon, 455 So.2d 863 (Ala. 1984). The now-famous “McLendon standard” states that a parent seeking to change sole physical custody previously granted to the other parent must prove that (1) he or she is a fit custodian; (2) material changes affecting the child’s welfare have […]