Category Archives: Children

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.”

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.

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.”

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

Solicitor of the year joins specialist firm

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It has been an exciting 18 months of developments for Devon firm, Hartnell Chanot & Partners. The family law specialists have expanded their services from Exeter into nearby Plymouth and they have greatly increased their capacity to deliver their creative brand of family law service across each of their specialist practice teams. In return they have been rewarded for these efforts with a host of award nominations and industry recognition.

Just a week after being listed as a top tier firm in Legal 500, the leading directory for legal practitioners, Hartnell Chanot &Partners are proud to announce the latest addition to their ranks. Family Law Solicitor of the Year in 2011- Vanessa Priddis who will bring a wealth of experience and a nationally respected reputation to the firm.

Norman Hartnell, Director, commented: “We are absolutely thrilled to have Vanessa joining the firm, she is widely respected within the family law community and she will help reinforce our status as a leading player in the South West’s family law market.” He went on to say: “Vanessa will be adding valuable scope to our team of highly skilled and experienced care lawyers and support staff. It would be fair to say that we will have one of, if not the best, childcare team in the country.”

Vanessa qualified as a solicitor in 1987 having studied at Guildford College of Law. She quickly built up a reputation for acting for children and parents in all types of cases before the court. During her distinguished career Vanessa has specialised in international adoption, surrogacy and care proceedings. She has contributed widely to the development of family law practice, serving on the local Resolution committee, the National Law Society sub committee on Children Law, working as a member of the Exeter Family Court Users Group, lecturing for Jordans Family Law and sitting as a deputy district judge.

Hartnell Chanot & Partners are known for their creative, problem solving approach to family law; an approach that seeks to provide amicable resolutions to a wide range of family disputes and relationship breakdowns. This reputation and well-rounded approach was one of the key factors that attracted Priddis to the team.

Vanessa stated: “I am really delighted to be joining Hartnell Chanot & Partners as I see their approach and commitment to all areas of family law to include those that are legally aided as mirroring my own. The team has a wealth of talent which I am excited to work alongside.”

Solicitor Kirsty joins caring team

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The South West’s leading family law specialists have appointed a new solicitor to their outstanding team in Plymouth.

Kirsty Thyer, a member of The Law Society’s Adult and Children Panel, joins Hartnell Chanot & Partners having built up an enormous amount of experience dealing with child care proceedings. After qualifying as a solicitor Kirsty went to work in-house for several local authorities, first in Milton Keynes and later for Cornwall Council.

Having spent 12 years working for these councils’ care and litigation teams, Kirsty took her valuable experience to the private sector where she continued to work on child care and public law matters. Kirsty was attracted to Hartnell Chanot & Partners because of the specialist nature of the firm and the excellent reputation of their large children team.

Kirsty stated: “I find it incredibly rewarding to use my skills and experience to help vulnerable people, in particular children.” She went on to say: “I am there to make sure that the children in these cases are put first and that they have a voice.”

Julie Shrimpton, Director at Hartnell Chanot & Partners, said: “We are delighted to welcome Kirtsy to Hartnell Chanot & Partners. Her specialist knowledge of local authority procedures will make a valuable contribution to our existing team and her approach to client care is in keeping with the high-quality service that people have come to expect of our firm.”

 

Survive the summer with Relate

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Exeter and District relationship counselling and advice service Relate is offering a series of tips and advice to help families navigate the long summer holidays.

The Summer Holiday Survival Guide will be using Facebook as a forum to share advice tips and ideas to make this summer more fun and enjoyable for the whole family.

Veronica Beckett, Relate said: “The awful weather has been putting a strain on all of us recently and if you are dreading the schools breaking up for the long holiday and the likelihood of continuing rain, then it’s time to start planning now. ”

She also commented: “We are also hoping that people will come onto our page and share their ideas with other members of the community.”

To find out more or add some tips of you own click HERE

Specialist law firm adds to the family

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Hartnell Chanot & Partners' latest appointments outside Exeter Crown & County Court

Devon based Family Law Specialist, Hartnell Chanot & Partners, has recently made several additions to the team at their Exeter office.

The South West’s leading family law firm has appointed three new team members to help meet the needs of their growing business – Helen Trott, Solicitor; Fiona Wadey, Solicitor and Stuart Wright, Marketing and Business Development Manager.

Established in 1991 with just 4 full-time members of staff, the firm celebrated its 20th anniversary in 2011 by incorporating to become Hartnell Chanot & Partners Limited, before opening a new office in Plymouth and carrying out further expansion in Exeter. These latest appointments indicate that 2012 is shaping up to be just as exciting.

Rachel Buckley, Director commented: “Helen and Fiona have both joined us from highly respected firms where they have built up a wealth of experience across all areas of family law. We are delighted to welcome them to the firm and we are certain that they will help us meet the needs of our clients, many of whom are going through the toughest time of their lives.”

Helen and Fiona’s appointment will add additional support to teams already specialising in children issues, care proceedings, child abduction and divorce.

Fiona Wadey said: “I am really pleased to have joined such a fantastic team. The combined experience at Hartnell Chanot & Partners is inspiring to be around.” She also commented: “I am pleased to be able to continue my work with children. It’s all too easy for children to be overlooked during the course of legal proceedings. I believe that it is vital to ensure that they have a voice and that their needs are at the forefront of everyone’s minds.”

Stuart Wright joins the firm as Marketing and Business Development Manager, an entirely new position for the firm that has been created to embrace recent changes in the legal services profession and to ensure that Hartnell Chanot & Partners maintains its position as the South West’s leading family law firm.

Stuart said: “I have been really impressed by the collaborative, problem solving approach to family law that Hartnell Chanot embraces, it really helps us stand out from the crowd.” He also commented: “This is a really exciting time for the legal services profession. Recent changes including the introduction of alternative business structures have opened the industry up to a number of interesting opportunities that will both benefit our clients and force innovation. I am looking forward to introducing some creative marketing practices that will make it easier for us to engage with the public and ensure that the services we provide are accessible to people when they need them most.”

Rachel Buckley commented: “Stuart’s experience and creative approach to marketing will help strengthen our business to ensure that the next 20 years are as strong as the first.”

A relationship unlike any other – Grandparent and Grandchild

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Four out of ten grandparents will lose contact with their grandchildren upon the breakdown of the parents’ relationship. So as a grandparent is there anything that you can do to ensure that you maintain contact with your grandchildren?

As everybody knows, when a relationship breaks down it is often difficult for those involved not to take sides, particularly when it is your son or daughter’s relationship. This often then creates difficulties with regard to maintaining contact with your grandchildren, particularly when tensions are running so high. In these circumstances it just may not be possible to have constructive conversations amongst yourselves about contact with your grandchildren.

If this is the case then is there anything you can do? 
Well just like when parents have a dispute regarding contact with their children they may attend mediation to try and reach an agreement, without having to take any matters to Court. This is a possibility for you as grandparents as well, whereby an independent mediator will try and help you reach an agreement with the parents to enable you to maintain contact with your children. However if these discussions break down what do you do next?

Unlike parents who can make an application to Court to have contact with their children, grandparents must first obtain permission from the courts prior to making any application for contact. To some this seems wrong given the fact that step parents have an automatic right to apply for contact without having to apply for permission. However despite several recent highly publicised campaigns to have this extra step for grandparents removed, it does currently remain.

So is this permission difficult to obtain?

Don’t be disheartened, this extra step of seeking permission should not discourage grandparents from pursuing contact with their grandchildren. It is not a significant hurdle to obtain permission from the Court, providing your application is of a genuine nature. As a grandparent you will need only to show that you have a meaningful and important connection with a child. If you have been a regular figure in your grandchild’s life and have had regular involvement with them then this will usually be relatively easy to demonstrate. Once this permission is obtained you are then able to make an application to the Court to have contact with your grandchildren, in the same way as a parent can.

The Court fully recognises the important role that grandparents play in children’s lives. Despite the extra hurdle grandparents currently face, it is hoped that you will not be discouraged from taking steps, if necessary, to ensure that you are able to maintain that nurturing and special relationship with your grandchildren. A relationship which is unlike any other.

If you would like to learn more about your rights as grandparents and the options open to you, why not attend our Grandparents’ Association Regional Conference.

Hartnell Chanot Welcomes Consultation on Parental Contact Following Separation

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Hartnell Chanot & Partners has welcomed the government’s consultation, announced yesterday, on plans to ensure that children continue to see both parents after a separation or divorce.

The proposed changes to the Children Act 1989 will seek to ensure that both parents’ roles are recognised and that there is no discrimination between parents. The proposals do not recommend an equal sharing of time after parents’ separation but place emphasis on the quality of the time that each parent has with the children, and that unless there are real safety or welfare concerns, the usual expectation will be that the children can spend quality time and retain a good relationship with both parents.

The consultation will also look at how to toughen sanctions to enforce breaches of court orders regarding care arrangements.

Commenting on the consultation Norman Hartnell, Director said: “We are pleased to see that the government is looking at ways to improve the system in the best interests of children. Many of our clients face child contact issues and it is extremely distressing for both the parent and the child when one parent is unreasonably denied access to their own children. Provision has to be made of course to protect children from harm where that has occurred, and that will not change. We hope however that the emphasis on purely punitive sanctions will give way to greater encouragement to solve problems, to enable parents who are in the midst of their own emotional turmoil to place their children’s needs uppermost in their minds.”

He added: “In dealing with such difficult situations the children’s interests need to be put at the centre of any arrangements. This is our fundamental approach and it would appear that the government is taking the same direction with this consultation.”

The consultation closes on Wednesday 5 September and can be accessed here.