Author Archives: Hartnell Chanot

Family Law: A Global Affair

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International child abductionHere at Hartnell Chanot & Partners we have noticed a trend in the information being provided by many of the bodies involved in international family justice. As you will have seen from our earlier blogs: first it was the Foreign Office, then the UK’s leading Child abduction charity, now the Head of International Family Justice for England and Wales has commented on the alarming growth in the number of international family law cases that they were asked to advise on.

In the 2012 annual report, co-written by Lord Justice Thorpe, it was noted that the office had seen a 40.5% rise in the number of requests for assistance compared to 2011, taking the total to 253. 2011 in turn saw a 96% increase over 2010. These requests related to 71 different jurisdictions.

The International Family Justice Office for England and Wales offers advice to Judges, Solicitors and other parties in relation to international disputes, as well as negotiating with judges in other countries.

The dramatic increase has been attributed to on-going globalisation, increasing movement of persons across international borders and the ever rising number of family units with a truly international make up.

The findings of the report have highlighted the growing trend in international family law cases, in particular, child abduction. In an attempt to avoid lengthy and potentially costly court proceedings, many parties in these disputes are simply leaving the country, hoping to find a haven overseas.

So what can you do to avoid becoming involved in one of these complex disputes?

Jane Chanot, Director of Hartnell Chanot & Partners and member of the International Child Abduction Contact Unit, commented that: “Prevention in these circumstances is so much better than having to find a cure. International disputes are enormously complex and can result in great emotional and financial hardship for those involved.” Jane went on to say that: “At Hartnell Chanot we have a dedicated team of international child abduction specialists and we would urge anybody who feels that their children are at risk of being removed from the jurisdiction without consent, to seek advice as soon as possible.”

Can’t afford your divorce proceedings? You could make your partner pay!

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As the legal community and the general public come to terms with the recent changes to Legal Aid 

and the shift towards mediation for matters involving children and finance matters on divorce and separation, a new provision has been introduced that offers a ray hope.

This new provision offers powers for the court to order one party to make a payment to fund the other party’s lawyers.

The court will have the power to order one party to a marriage to pay to the other (the applicant) an amount for the purposes of enabling that party to pay for legal advice and assistance.

These orders – which have been dubbed ‘legal services payment orders – can be made:

  1. in divorce, nullity or judicial separation proceedings to enable the applicant to pay for legal advice or
  2. for proceedings for financial relief in connection with divorce, nullity or judicial separation.

How does it work?

The new order may be for a single amount to be paid by the respondent to the applicant or in instalments that will need to be secured. The order can be obtained to cover legal services for all or part of the proceedings or to provide advice as to how law applies to the particular circumstances. The payment can also be sought to cover all or part of the costs in relation to the settlement or other resolution of the dispute. This would include processes such as family mediation, arbitration or collaborative law.

The order can also be sought in relation to legal advice regarding the enforcement of decisions within the proceedings or as part of the settlement or resolution of the dispute.

How does the court make its decision?

There a checklist of factors that need to be considered when applying for this type of order including income, earning capacity, property, assets, financial needs and obligations, the subject matter of the proceedings and whether the applicant has taken steps to avoid all or part of the proceedings by proposing or considering mediation etc.

An applicant will also be required to demonstrate that they have explored all other means of funding, without success, before the order is sought.

For more information about this type of order or any other family law matter, give us a call on 01392 421777 and arrange a free ½ hour appointment with one of our family law specialists.

Legal aid shake-up – What are your options?

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A series of dramatic changes to the legal aid provision in England and Wales, came into play on the 1st of April. These changes have left tens of thousands of people in the dark about their eligibility for funding, and baffled about their ability to seek affordable legal advice.

Within the scope of family law these changes see a shift away from the previous model where you got the funding if you couldn’t afford advice, to a system that offers support and assistance to individuals at greatest risk. In general terms, funding is still going to be made available for people with cases where there are instances of domestic violence and abuse, child abduction, care proceedings and where there is a need for the representation of children.

The new structure will see the vast majority of people that need assistance with divorce and finance matters as well as those with parental responsibility and contact issues, heading for mediation rather than a traditional solicitor. Mediation is process that allows the conflicting parties to meet, together with a mediator, and try to forge an amicable resolution to their issue. Mediation has become increasingly popular in recent years as an alternative to court because of the economical and non-litigation based benefits. By taking part in constructive negotiations and discussions there is a greater chance that you will be able to maintain a healthy relationship with your former partner and make life easier for any children involved in the case.

The Ministry of Justice are investing an additional £10 million to fund mediation services to help separating couples who would previously have been eligible for Legal Aid.

Despite its many benefits, mediation is not going to be suitable for everyone, where the damage to the relationship has already been done it may be impossible to come to an agreement in which case a more traditional solicitor approach may be required.

These changes have necessitated a change in the way that many law firms deal with family law matters. Firms have had to explore alternative methods of providing their services to individuals who no longer have access to publicly funded legal services. Family law firms such as Hartnell Chanot & Partners, with our offices in Exeter and Plymouth, have been busy developing packages that will ensure that everybody still has access to quality legal advice when they need it.

Norman Hartnell, Director, Hartnell Chanot & Partners:- “In addition to mediation, collaborative law and family arbitration, a process where a trained arbitrator can issue a ruling recognised by the court, without having to go through the lengthy court process, we have developed a number of affordable ways for our clients to obtain the advice and support they still need when facing these emotionally challenging times.”

He went on to say:- ‘The most important thing to remember is that firms are adapting and that anyone who has a family law issue should still contact a firm or a mediation service to find out about the options available.”

Reported cases of child abduction and prevention are still on the increase

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Alarming figures reveal that cases of child abduction and prevention are on the increase.

The latest figures released by the UK’s leading child abduction charity, reunite International Child Abduction Centre, show a 9% increase in the number of calls that have come through to their advice line.

During 2012, 506 new abduction cases were reported to Reunite, this volume of cases represented a total of 516 children that have been abducted out of the UK, 167 children that have been abducted into the UK, 12 children abducted between UK jurisdictions and 33 children abducted between non-UK jurisdictions.

These figures tie up with statistics released during 2012 that showed an 88% increase in the number of abduction cases over the course of the last decade. Those statistics revealed that 270 cases were reported during 2003-2004 while more than 500 were reported during 2012.

Jane Chanot, head of Hartnell Chanot & Partners’ child abduction team, commented:- ‘As a specialist family law firm, we receive a regular stream of enquiries about child abduction and prevention cases.’ Jane went on to comment that:- “We are expecting to see a further increase in the number of cases we see, as parents try to avoid potential legal fees following the introduction of the legal aid changes that came into effect on the 1st of April 2013.’

Alison Shalaby, reunite’s CEO, commented:

“Poland, USA, Spain and Pakistan were the most common destinations for children abducted from the UK but in 2012 our cases involved more than 100 different countries.  This demonstrates that parental child abduction is not country or faith specific but is a truly global issue.  What is especially concerning is that many abductions go unreported and so the actual number of children abducted is likely to be much higher.”

Reunite has been active in local communities, raising awareness of international parental child abduction and ensuring that parents are informed about the steps they can take to reduce the risk of abduction.

Not the destination you had in mind for your Louis Vuitton luggage

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Earlier this week Scott Young, 51, was sent to prison after being held in “flagrant,” contempt of court for failing to provide information about his financial circumstances.

Mrs Young had applied for maintenance, both for herself and for their two teenage children, who live with her. After many, many hearings, the court decided that Mr Young should be required to pay an astonishing £27,500 per month! At this point many of you may be aghast at this figure but consider this- Mr Young is said to be worth somewhere in the region of £400,000,000! Arguably he is not the sort of man who needs to be counting the pennies.

Rather than pay up, Mr Young continued to deny his astonishing wealth, claiming to be bankrupt. Understandably, rather than simply taking his word for it, the court said “prove it” and ordered Mr Young to provide evidence of his poverty. Mr Young declined to do so.

At a hearing earlier this week Mr Justice Moor decided that Mr Young’s excuses for not complying with orders to disclose his financial circumstances were “absurd” and that one reply he had provided was “next to useless”. The Judge had clearly had enough and in true Monopoly fashion, sent Mr Young directly to jail.

Although many of us can only dream of having access to the incredible wealth that Mr Young is said to have, this case is a cautionary reminder that anyone involved in financial claims, before the family courts, must disclose their financial circumstances when asked to do so. It is a brave (or foolish) husband or wife who says “no”. There is a good chance that they too may find themselves packing their couture overnight bag in anticipation of spending a little time at Her Majesty’s pleasure.

An amicable and affordable divorce?

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For many couples the start of the New Year marked the end of an old relationship.

Divorce and separation lawyers across the country returned to their offices after the festive season to greet an influx of fresh clients enquiring about divorce and separation.  This surge, commencing on the first working day back after the New Year, is a phenomenon commonly referred to as ‘Divorce Day’ or ‘D: Day’.  In reality this peak in enquiries typically lasts for the duration of the first fortnight in January.

A Christmas marred by rows and disagreement, rather than a period of joy and the promise of things to come, will have led to many couples re-evaluating their relationships and in many cases making the decision to separate.

The commencement of this busy period of 2013 brought with it the announcement that Ministers have pledged £10million to speed up and ease the tension that can be caused during divorce and separation.

The cash will be used to subsidise mediation services that are designed to help couples negotiate how to divide their property and care for their children.  Family justice minister Lord McNally pledged the extra £10million for the services, stating that they offer a “quicker and simpler approach which brings better outcomes” for the families involved.

The Ministry of Justice has said that on average a contested divorce, argued in court, can cost approximately £4,000 while a mediated split funded by the state costs £500.  The time implications of mediated solution – 110 days – compared to contested divorces often taking 400+ days are staggering.  By steering more of the public funded couples towards mediation an enormous amount of unnecessary time and money could be saved.

The mediation process is set to become an increasingly common practice during 2013, with changes to the Legal Aid system directing all but the most at risk cases towards mediation. What this means, quite simply, is that from the 1st of April 2013 people requiring family law services will not be eligible for Legal Aid unless they are applying for and injunction, already in mediation or they are in possession of evidence of domestic violence.

Mediation and collaborative law practices, where couples agree to resolve their issues without using the court process, have also seen a significant increase among privately paying clients. Couples are choosing to take part in these alternative forms of dispute resolution in an effort to find a less stressful solution to their dispute that can be handled in a more expedient fashion.

Rachel Buckley, Director of Hartnell Chanot & Partners, commented-“Our firm has been utilising mediation solutions for our clients for 21 years and there is a noticeable difference between the atmosphere in these cases and that of our contested cases.” He went on to highlight that- “Not only are mediated splits typically resolved faster and more affordably but by engaging in productive and amicable negotiations the stress and anxiety often associated with divorce is greatly reduced. This is particularly important when there are children involved.”

Hart appointed Chair of local branch

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Associate Chartered Legal Executive, Donna Hart, has been appointed as Chair of the Devon Branch of the Chartered Institute of Legal Executives (CILEx).

Donna, a lawyer with specialist family law firm Hartnell Chanot & Partners, will be responsible for inspiring, motivating and leading the members of the local branch – an exciting prospect as the institute closes in on its 50th anniversary next year.

The appointment came at the end of a close run election process that saw Mrs Hart selected for the voluntary role over three other candidates.

CILEx branches are responsible for providing local training, support and professional development opportunities for their members. In addition the group organises social events and networking opportunities designed to help members and other legal professionals to build their professional contacts.

Donna commented: “I am delighted to have been elected by my fellow branch members; being involved with CILEx has made such a difference to my career development. I am really excited about taking such a leading role as the Institute moves into its 50th year.” She went on to say: “Hopefully we will be able to put on a range of events that will help celebrate this anniversary.”

Alarming growth in parental child abduction

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Alarming new figures from the Foreign Office(FCO) have revealed that the number of children being abducted and taken abroad by an estranged parent has risen by 88% in just under a decade.

Data from FCO showed that approximately 270 cases of international child abduction were reported in 2003-2004, while 2012 has seen in excess of 500 cases. In the last year the Foreign Office’s Child Abduction Section has fielded an average of four calls per day, more than half of these calls were new cases.

It is estimated that almost a quarter of Britons are unaware that it is a crime to take a child overseas without first obtaining permission from other parties with parental responsibility for that child.

In response to these staggering statistics, the Foreign Office has launched a campaign to highlight the issue and inform people of the reality of the crime.

This is a global problem

The FCO is keen to highlight the widespread, global nature of this problem, recent cases have involved as many as 84 different countries.

Alison Shalaby, Chief Executive of Reunite, commented on the FCO report that:

“It is important to remember that parental child abduction is not faith or country specific. 71% of the UK public thought that parents most commonly abduct their children to the Middle East, India and Pakistan but it can happen to anyone, from any background. Countries children are abducted to can range from Australia, to France, to Thailand.”

The research commissioned by the FCO also highlighted the fact that the UK population believe that the government can intervene to order the return of a child to the UK if he or she has been abducted.

The reality of the situation however is that while help is available, there is no quick and easy solution; child abduction cases can take years to resolve. There is also a possibility that the child may never be returned.

It is also much more difficult to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between a series of countries which aims to ensure the return of children abducted by parents.

The costs of abduction

In addition to the intense emotional distress experienced by parents that involved in international child abduction cases, there are also significant financial costs as they battle for custody through foreign courts. These costs can continue to mount up if and when the child is successfully returned to the UK.

Seeking appropriate advice from the likes of the Reunite International Child Abduction Centre, the Foreign Office Child Abduction Section or an experienced Child Abduction Solicitor can help to limit these costs and ensure that you take the right steps to resolve the issue.

Hartnell Chanot & Partners have a dedicated team of specialist international child abduction solicitors. The team has a wealth of experience dealing with a wide range of countries and jurisdictions. We are also one of a handful of firms to have panel members of both the International Child Abduction Contact Unit and Reunite.

For more information or to find out how we can help you contact Jane Chanot, Head of our Child Abduction or call +44 (0)1392 421777

A-MO-zing effort by fundraising team

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Every month, without fail, we have a dress down Friday in the offices of Hartnell Chanot & Partners. This is just one of the many activities and events that we organise to raise money for our selected charity.

November- or rather Movember- offered a special opportunity for people to go just a hair fur-ther with their dress down/fancy dress theme. In honour of the gentlemen in our Exeter and Plymouth offices who had committed to 30 days of frustratingly intensive facial grooming, the ladies arrived at work sporting an incredibly diverse range of false moustaches.

Money raised on the day will contribute to an annual fundraising target that will be awarded to local charities selected and supported by the members of the Hartnell Chanot family.

Grandparents’ Association Regional Conference

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Last week specialist family law firm, Hartnell Chanot & Partners, hosted the inaugural Grandparents’ Association Regional Conference at Darts Farm.

The event created a forum for grandparents from across the South West, allowing them to come together, discuss their problems and gain useful information about their contact problems. Attendees travelled to the event from across Devon, Cornwall, Dorset and Somerset.

The speakers at the event represented a wide range of organisations that frequently interact with grandparents who struggle to have regular contact or build relationships with their grandchildren. Among those in attendance were Emma Thompson, CAFCASS Officer; Hannah Penfold, Justices’ Legal Advisor; Stephen Sowden, Director of Hartnell Chanot & Partners as well as Monica Cockett & Penny Rogers from Devon Family Solutions.

The atmosphere on the day was fantastic; the wonderful estuary side location offered by Darts Farm played the perfect backdrop to a truly engaging event.

Stephen Sowden, Director of Hartnell Chanot commented: “Today’s event provided us with a fantastic opportunity to bring together a group of grandparents from across the region. This gathering allowed them to gain information that would help inform their situations, discuss the avenues available to them and the possible outcomes.”