Category Archives: Domestic Abuse

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.”

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 Review of “Behind Closed Doors” – Children and Domestic Abuse

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Yesterday the BBC children’s channel, CBBC, screened a Newsround special “Behind Closed Doors”, which explored the rarely talked about issue of children witnessing domestic violence.

Alesha Dixon told her story to Newsround along with children who have experienced it first-hand themselves.

Family lawyer and domestic abuse specialist, Alexandra Boardman, watched the programme and comments below:

“What a fantastic way to explain to children and young adults that is ok to want to feel safe at home, to show how to talk about this issue and know who to turn to. The programme raised the issue in a direct but gentle way without sensationalising or stereo-typing family circumstances. The use of graphics should appeal to a younger audience starting the awareness raising sooner.

It is however important to remember that any child who takes the step of asking for help could be putting themselves and their parent at risk of further harm.

I was pleased to see that the programme highlighted that both parents need help – the abused and abuser. It was also refreshing that there was a feel good ending with a child stating that they were able to have good contact with the person who was the portrayed abuser after that person has recognised their behaviour and changed it.

It is important that we raise hope by addressing these issues and that with the right support, the appropriate changes having taken place, that children and their parents can be reunited in a safe way.”

To watch “Behind Closed Doors” click here.

Police Pilot “Clare’s Law” – Right to Ask About Domestic Abuse

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Women will have the right to ask police about a partner’s domestic violence history as a new scheme is trialled in parts of England and Wales.

Announced yesterday by the Home Secretary, police forces in Greater Manchester, Gwent, Nottinghamshire and Wiltshire will run a 12-month trial of the “Domestic Violence Disclosure Scheme”.

The pilot scheme, which will run from summer 2012, will help victims or potential victims of domestic violence by disclosing information about previous violent offending by their partner.

The scheme is dubbed Clare’s Law, after Clare Wood from Salford, Greater Manchester who was murdered in 2009 by a former partner.

The 36-year-old mother had made several complaints to the police about George Appleton, whom she had met on the internet, before he killed her. Unbeknown to Miss Wood Appleton had three previous convictions under the Protection from Harassment Act 1997.

Since her death, Miss Wood’s father, Michael Brown, has campaigned for people to have greater rights to know about the violent past of partners.

The Home Office has not yet disclosed how the scheme will work but the arrangement is likely to be similar to that of parents’ right to ask whether someone who has access to their children has a history of sex offending.

Alexandra Boardman, Chartered Legal Executive at Hartnell Chanot comments: “This is a step in the right direction but we are dealing with the emotion of hope over belief. ‘Clare’s Law’ is likely to only help those who have already experienced an abusive relationship because, until you have been in this situation you tend to be naïve and not believe it could happen to you or even if you identify an issue, your believe you can manage it.”

She adds: “The reality is we need to be more wise than our years, believe that anything can happen both good and bad, and have the foresight to act on what we are told.”

 

Hartnell Chanot Family Law Legal Executives Receive Chartered Status

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The Institute of Legal Executives (ILEX) has recently been granted the accolade of a Royal Charter, which affirms the quality and integrity of the Legal Executive qualification and the important role its members play in the provision of legal services.

Chartered Legal Executive lawyers have a similar role to that of a solicitor but specialise in a particular area of law. At Hartnell Chanot all our Legal Executives specialise in family law.

The award of Chartered Status is recognition of the Institute’s high standards of ethical conduct, efficiency and training. Members of the Chartered Institute of Legal Executives will continue to be regulated by the respected ILEX Professional Standards (IPS).

Rachel Buckley, Director at Hartnell Chanot & Partners, said: “We are pleased to see the Institute receive this accolade. Our Chartered Legal Executives are extremely skilled and professional lawyers who work hard for our family law clients. It is great to see them receive the recognition they deserve for their qualification and expertise.”

What is an Accredited Family Law Specialist?

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At Hartnell Chanot, we are not only specialists in family law but many of our solicitors and legal advisors have been “accredited” by Resolution, the leading organisation for family lawyers.

What is an Accredited Family Law Specialist?

An accredited family law specialist is someone who has more than five years experience in family law, works predominantly in the area and has passed a tough independent assessment to show their skills, expertise and knowledge. As well as that they will be committed to the principles of Resolution to conduct cases in a non-confrontational conciliatory manner.

Claire Reynolds, one of our senior solicitors, who is a resolution accredited specialist is also a member of the Resolution Accreditation National Committee ensuring that we are always up to date with specialist accreditation and therefore able to pass this knowledge and experience on to our clients.

At Hartnell Chanot we have resolution accredited specialists in the areas of domestic violence, children disputes and financial matters. You are always able to seek advice from someone who will be a specialist in the issues you need advice on.