1 in 4 women and 1 in 6 men will be subjected to domestic abuse. Many will not seek help, either from a solicitors or a GP.

The government defines domestic abuse as

’Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been partners or family members, regardless of gender or sexuality’

You can logon to Solicitors Family Law Association’s website (now called RESOLUTION) and download, free, their Toolkit for domestic abuse sufferers.

Website: Resolution
http://www.resolution.org.uk

The Daphne Project is a European initiative to help combat Domestic Violence. See following download for details and information. (approx 1 MegByte)

Daphne Booklet 5 - click here

A useful guide and advice has been given by Christina McGhee of DIVORCE and CHILDREN.

Parenting Apart - click here

An alternative to bankruptcy for an individual who is insolvent.

Introduction

New Legislation was introduced from 06 April 2009 to provide a further alternative to bankruptcy for an individual who is insolvent and cannot pay their debts and provides for a Debt Relief Order (DRO).

The introduction of DROs is intended to minimise the cost of dealing with your insolvent financial affairs and allow you to obtain relief from them. Bankruptcy can cost in excess of £500.

Qualifying for a DRO There are a number of requirements that you must meet before you qualify to apply for a DRO:

• You must be unable to pay your debts
• Your total debts must not be more than £15,000.
This does not include unliquidated debts (debts where the amount due is not yet known) or debts that cannot be included in a DRO (such as Student Loans, Fines etc.)
• Your total assets must not be more than £300.
It is important to note here that the £300 relates to the total value of your assets before charges such as a mortgage. In other words if you have a house with a mortgage (even if it is in negative equity) you will not qualify for a DRO.
• Your disposable income after deducting all normal living expenses, must not be more than £50 per month
• You must be living in England or Wales, or at any time during the last 3 years have been resident or carrying on business in England or Wales.
• You must not have been subject to a DRO within the last 6 years.
• You must not be involved in any other formal insolvency procedure at the time of the application for a DRO e.g. already be bankrupt or subject to an IVA.
• If you have presented your own petition for bankruptcy the court must have referred you to the DRO procedure.
• If you have been notified that a creditor has presented a bankruptcy petition against you, then you must get that creditor’s permission to apply for a DRO.


How to obtain a DRO
Providing you meet the criteria, the procedure for obtaining a DRO is relatively simple:

• The application can only be made on-line with the assistance of an approved intermediary (details of these are given below)
• A fee of £90 must be paid (compared to £500 or so for a bankruptcy) to the Official Receiver; and
• The Official Receiver then assesses the on-line application and if appropriate makes the DRO.


How does a DRO affect you?
When a DRO is made the effect of this is:

• It provides you with protection from enforcement action by your creditors, i.e. they cannot pursue you any more for their debt; • The DRO normally lasts for up to 12 months and after that period the debts are written off; • It imposes certain restrictions (very similar to bankruptcy) on you. The main restrictions are not being able to obtain credit of more than £500 without saying you have a DRO, and you cannot be a director of a limited company or be involved in the promotion, formation or management of a limited company. • There are some other restrictions not detailed here.

A DRO is very similar to bankruptcy and virtually all the restrictions placed on you are the same.

It is important to note that a DRO is a very good solution for someone with relatively uncomplicated financial affairs. The Official Receiver will not generally investigate your affairs but is able to do so if he suspects you have not made a full disclosure in your application or if a creditor makes a complaint about you obtaining a DRO.

A DRO should therefore not be considered as an 'easy way out' of dealing with your financial affairs. It is there to assist someone who would normally have gone down the bankruptcy route, but has a relatively low level of debts and assets and cannot afford the costs of their own bankruptcy petition. If you are found to have been 'less than honest' then rather than lasting for 12 months, a DRO can be extended (together with all of its restrictions on you) for up to 15 years depending on how serious it is!

Approved intermediaries
The following authorities are charities which can put you in touch with an approved intermediary:

Citizens Advice Bureau
Myddelton House
115-123 Pentonville Road
London
N1 9LZ


Telephone: 0207 833 2181
Website: www.Citizensadvice.org.uk

National Debtline
Tricorn House
51-53 Hagley Road
Edgbaston
Birmingham
B16 8TP


Telephone: 0121 410 6247
Website: www.nationaldebtline.co.uk/england_wales/

Consumer Credit Counselling Service
Wade House
Merrion Centre
Leeds
LS2 8NG

Telephone: 0800 138 1111 (Mon-Fri 8am-8pm)
Website: www.cccs.co.uk

Source
DSi Services
www.dsiservices.co.uk

The Law Society is warning parents to be careful when making loans to their children. The warning comes in the light of restrictive lending conditions in the mortgage market which have required young people to stump up large deposits when buying their first home.

The parents must decide whether they are making a loan, a gift or taking part ownership in the property. If they are making a loan they must decide on the terms of the loan. These terms must be set out in writing and should state at least the amount of the loan, the rate of interest payable, how and when the capital is repayable.

If it is not clear that a loan has been made then the money may never be returned as it may be treated as being a gift. The Law Society cite the case of parents making a £ 150,000 loan to a married child without documenting the loan. Unfortunately for all parties the child died, but the parents were dealt a double blow when they discovered he died intestate. This meant that all he owned passed to his widow. As there was no evidence of a loan the £ 150,000 could not be recovered.

If a loan is made at interest, the interest will be charged to income tax on the parents.

If the parents take part-ownership of the property, their share of any capital gains on sale of the property will be chargeable to capital gains tax, as it is not their main residence.

If the parents make a gift this will be a potentially exempt transfer for IHT purposes.

Kay Masters

If the introduction of the crime of breach of a non-molestation order by the Domestic Violence Crime and Victims Act 2004 is going to improve the outcomes for domestic abuse suffers there will need to be dialog between prosecutors and family lawyers.

When the civil court sentences for breach of an injunction it has before it all the statements relating not only to the breach but also those that were filed when the application for the injunction was made. The court also has the findings of domestic abuse made by the Judge at any previous on notice hearing. The domestic abuse sufferer is represented by her lawyer who will bring to the attention of the court the abuse that resulted in the application for the injunction and the family circumstances and issues relevant to children and their contact with the perpetrator.

Resolution’s 5000 members are family lawyers who are committed to a constructive resolution of family disputes. When dealing with domestic abuse cases this involves a holistic approach. The family lawyer will consider the impact of the domestic abuse on any children of the parties and how that should be dealt with when issues relating to the residence of the children or their contact with the perpetrator is being considered. The need to protect the domestic abuse sufferer from further abuse when arrangements are made concerning the future accommodation of the sufferer and future financial arrangements with the perpetrator also has to be considered. Previously all this would be part of the remit of the lawyer when dealing with the breach of a non-molestation order because the civil court would not only sentence for the breach but also make a longer injunction with tighter provisions in order to provide increased protection.

Since the Domestic Violence Crime and Victims Act 2004 the family lawyer is out of the loop when there is a breach of a non-molestation order, if the perpetrator is charged with the breach. The domestic abuse sufferer is a witness not a party to the proceedings and the court is only dealing with the crime charged. Previous violence and breaches of orders are aggravating factors on sentencing, however. This information is on the civil court file but is it routinely available to the prosecutor? Domestic abuse sufferers are often reluctant to talk about past violence – they can re-live it when they talk about it. With their consent their family lawyer can provide information to the prosecution from their file and copies of court documents. (Leave of the court is required to disclose documents from children proceedings).

The Respondent is only bound by the order if he is aware of its terms from either being in court when the order was made, having the order read to him or served upon him. The statement of service served on the police with the order should make this clear. If it does not the family lawyer, who will have arranged service of the order on the Respondent, may have more information such as a report from the process server.

The civil courts are now making non-molestation orders that are far more specific than the previous orders not to molest, harass or pester. There will be a prohibition of the type of harassment that the sufferer has been subjected to, such as a prohibition on telephoning or sending text messages. If the order has proved too imprecise to enforce the family lawyer needs to know what improvements can be made and make an application to the civil court to vary the original order to provide better protection for the future.

The family lawyer may be dealing with other issues for the domestic abuse sufferer, such as child contact. Bail conditions imposed or varied by the criminal court could be relevant to contact arrangements. The domestic abuse sufferer will have been informed of these but is often confused as to the actual conditions. Also the progression of the criminal case and the outcome and sentence can affect how safe the domestic abuse sufferer feels and whether she will engage in civil proceedings with the perpetrator. The family lawyer needs information about the criminal case in order to progress related civil proceedings effectively.

The exchange of information between the prosecution and the family lawyer could improve the outcomes in not only criminal proceedings but also related civil proceedings involving the parties and their children.

Jane Wilson
Solicitor-Advocate (Higher Courts Civil Proceedings)
Chair Resolution Domestic Abuse Committee
Hall Smith Whittingham Solicitors, Crewe

HM The Queen has appointed Glynis Crowe to be a District Judge on the advice of the Lord Chancellor, the Right Honourable Jack Straw MP. The Right Honourable The Lord Judge, Lord Chief Justice of England and Wales has assigned her to the Midland Circuit, based at Stafford County Court with effect from 2 March 2009.

Glynis has been a highly respected solicitor practising in South East Cheshire, and across the North West region, over many years in Family work and in the highly specialised field of child care. It is with a mixture of pride at her accomplishment, and sadness that she will be leaving private practise, that the firm congratulates Glynis and wishes her equal success in her new judicial career.

(Reported Crewe and Nantwich Chronicle 16 July 2008)

Senior partner Jane Wilson is joining forces with one of Britain's top law makers to introduce a Bill in the House of Lords this autumn. As a member of Resolution, a national organisation of family lawyers, Jane is supporting the Bill as part of a new campaign to end the injustice and financial hardship faced by thousands of cohabiting couples, carers and siblings who live together.
The Bill to give rights to couples who live together will be introduced by Lord Lester of Herne Hill QC, a veteran human rights lawyer who successfully introduced the Forced Marriages Bill and was instrumental in developing the recent Civil Partnership Act.
"It is a scandal in modern Britain that existing law does almost nothing to prevent people from losing their home or sliding into poverty if their relationship breaks down or their partner dies," says Jane.
"Sensibly drafted legislation is urgently needed to tackle the vulnerability not only of unmarried cohabiting couples and their children but also co-dependent carers and siblings who live together."
The Bill's introduction is part of a new "Living Together" campaign, launched today by Resolution and Lord Lester's Odysseus Trust.
Joyce and Sybil Burden, the elderly sisters who took their 30-year fight to protect their home from inheritance tax right up to the European Court of Human Rights, have added their support to the campaign:
"We have always tried to secure each other's future after the death of one, but have found it impossible under this system. It was a bitter disappointment to lose our case at the European Court. We do hope you can help us, as after all these years, we are getting quite past it for ourselves."
One in six couples in the UK co-habit and do not marry according to the Office of National Statistics and this is predicted to rise to one in four by 2031. More than half of cohabitants (53%) still falsely believe in the existence of Common Law marriage. However, the Government has decided to postpone action on recent Law Commission proposals to reform cohabitation law pending research into the cost and benefits of reforms introduced in Scotland.
Lord Lester says that Britain's more than two million cohabiting couples and co-dependents should not be made to wait any longer for justice:
"The Government's proposed research won't even begin until 2010 and if cost was the issue, one has to ask why the Government specifically excluded research on cost from the Law Commission's original brief. Many other countries, including Canada, Australia and New Zealand already have protection for cohabiting couples. It is high time that Britain had a family legal system fit for the 21st century."
The Government's timid response also flies in the face of growing popular support for reform.
Findings from the British Social Attitudes Survey, published earlier this year, show that almost nine out of ten people think that a cohabiting partner should have a right to financial provision if their relationship is a long-term one, has involved prioritising one partner's career or includes children.
The campaign will also look at ways to extend protection to those who cannot marry but nevertheless live together in a co-dependent way. For example, it would cover siblings such as the Burden sisters, elderly parents and children who live with them and care for them.
The Bill would protect the vulnerable without equating living together to marriage or civil partnership in every way. For example, the Bill would apply only to people living in the same household for a minimum period of time in which the parties have provided a financial or other commitment to each other.
To protect freedom of choice, couples who wish to do so could "opt out" of the scheme provided legal advice is sought by both parties to protect the vulnerable.

The DWP have apparently restored the BR19 State Pension Forecast service, although unfortunately access is only currently available online (post and phone access to follow by Christmas)
Click
Department of Pensions - click here

Here are some links:

The Law Society Family Law panel
Resolution/SFLA

Resolution (formerly the Solicitors Family Law Association - or SFLA) was set up by family Lawyers for family Lawyers.
The Law Society (Solicitor‘s governing body) set up the Family Law panel for the same reason.

Membership by a solicitors tells the public that the solicitor‘s work is primarly family work (doesn‘t dabble) and they have a real degree of experience and a positive and constructive approach to resolving family disputes.

Members of the Law Society Family Law panel (a complimentary body) are similarly experienced.

Accreditation is the process by which members can seek to demonstate more than experience - that he or she has specialised expertise. There is an open examination process, which is difficult and quite daunting.

Here‘s what the Law Society says:

Advanced members of the Family Law Panel can provide advice and assistance to clients in more-complex family law cases.

Family Law Panel members themselves should consider using advanced members of the panel to handle cases that may be beyond or outside their expertise.

Only solicitors and legal executives who successfully complete the Law Society‘s exacting accreditation process are permitted to join the panel. When you see the Family Law Panel Advanced logo, you‘ll know that the practitioner‘s skills, knowledge and experience have been rigorously and independently assessed.

This is a question on the lips of almost every single parent since plans for a new system were announced in July 2006. The answer is, at the present moment in time, nothing! The Child Support Agency will continue to function until late 2008 and therefore between now and then parents should continue to contact the Child Support Agency for advice and assistance about child maintenance.

What will happen in the future?
Plans are currently being made as to what will happen in late 2008 and the Government published a White Paper at the end of 2006 setting out their intentions, summarised as follows:

It is intended that the Child Support Agency will be replaced by a tougher and more streamlined organisation which will be called The Child Maintenance and Enforcement Commission.

The overall objectives are to reduce child poverty and deliver value for money to the taxpayer. It is intended that the way to achieve this is to create a new system, which will be simpler to use but will be able to apply tougher state intervention on those parents who do not meet their financial responsibilities to their children. Essentially, the new Commission will: -

• Encourage parents to agree their own arrangements and provide information and guidance to assist parents in achieving this.
• If parents fail to reach an agreement then the Commission will take responsibility for calculating, collecting and enforcing the payment of child maintenance.
• Finally, the Commission will send a clear signal that non-payment of child maintenance will not be tolerated. A couple of ways to achieve this have already been identified, including the surrender of the non-resident parent’s passport and imposing a curfew.

The significant difference between the old Child Support Agency and the new Commission will be it’s own internal set up i.e. The Child Maintenance and Enforcement Commission will be a Non-Departmental Public Body, which means that it will be run by an Independent Body and will therefore be more self-governing. Government Ministers will no longer have a role in the day-to-day decision-making, but will remain accountable to Parliament, provide annual funding and set high level performance targets.

Conclusion
Do not panic, there will be no immediate change and the current procedures will continue to operate until the new Child Maintenance and Enforcement Commission takes over in late 2008. At that point I expect there to be much media coverage to keep us all aware of the changes!

However, if you do require more information in the meantime, or indeed you wish to consider applying for maintenance now then do not wait until 2008, have a look or apply online at the Child Support Agency’s website: www.csa.gov.uk or contact the Child Support Agency direct on their National Helpline telephone number 08457 133 133 or Minicom (for those who are hard of hearing and have a minicom system) 08457 138 924. Lines are open 8:00am to 8:00pm Monday to Friday and 9:00am to 5:00pm on Saturday.

Tracey Gater

Many firms of solicitors advertise 'SFLA/Resolution Members' or 'SFLA/Resolution accredited'. This reference can be inadvertently misleading.

Firms are NOT members, nor are they accredited.

It is an individual solicitor who may be a member and may be accredited. In other words, one person in a firm may be a member or accredited. Most firms have no more than one solicitor member - even if they have several other 'family' solicitors who are not members, nor even very experienced!

We have 5 accredited specialists within our Family department,who, between them have over 100 years experience.

To be more precise:

• Glynis Crowe is an accredited member of the SFLA/Resolution AND a member of the Law Society Children panel (an expert specialist in child care work).
• Cathy Lowndes is an accredited member of the SFLA/Resolution AND a member of the Law Society Children panel (an expert specialist in child care work).
• Jane Wilson is an accredited member of the SFLA/Resolution AND a solicitor-advocate with Rights of Audience in the Higher Courts (most solicitors do not have these rights).
• Kay Masters is an accredited member of the SFLA/Resolution
• Chris Dodd is a member of the Law Society Family Law panel, who has also been appointed as a Advanced member (equivalent to accreditation)

We do not know of ANY firm in the North West of England with a greater number of accredited specialists.

There are few, if any, problems that one or other of our specialists lawyers have not come across before. We aim to work as a Team. Many specialist heads are better than one!