Unreasonable mothers risk losing custody of children

Mothers are being warned that they risk losing custody of their children if they deny reasonable access to estranged fathers.

Lawyers say two recent cases in the Court of Appeal show that judges are becoming more willing to take action against women who obstruct contact arrangements designed to be fair to both parents.

Catherine Wenborn, head of family law at Andersons solicitors in Nottingham, says the law considers the interests of the child to be paramount and works from the assumption that regular contact with both parents is desirable.

“Most families work out satisfactory arrangements but some mothers can be very obstructive and make it difficult for the father to see the children. In the past, the courts have been reluctant to take the extreme step of removing children from the mother in these circumstances but now that seems to be changing.”

Earlier this month (July), the Court of Appeal heard how a mother repeatedly behaved in a disruptive manner by interrupting her son’s contact sessions with his father. The judges ruled that it was in the child’s long term interest that he should live with his father.

In June, a father was granted a residence order for his daughter after the mother failed to comply with contact orders on at least 11 occasions. The Court of Appeal said the mother’s hostility and refusal to co-operate meant there was no option but to let the girl live with her father.

Miss Wenborn said: “Women who abide by contact arrangements have nothing to fear but those who put obstacles in the way could find the courts are now more willing to clamp down, even to the point of taking their children from them.”

Catherine Wenborn is Head of the Family Department at Andersons Solicitors and can be contacted on 0115 988 6717 or by emailing cwenborn@andersonssolicitors.co.uk

Note to editors: Andersons Solicitors is a five-partner, Nottingham-based law firm offering a variety of legal service to businesses and individuals. Services include:

· Business start-ups
· Commercial Contracts
· Commercial Property
· Debt Recovery
· Dispute Resolution
· Employment Law – Businesses
· Employment Law - Individuals
· Family
· Investment Property
· Personal Injury
· Retirement Planning
· Residential Property
· Succession Planning
· Wills and probate

Andersons Solicitors produce 3 monthly newsletters (Employment, Business Law & Private Client) if you would like to subscribe to any of these please email cwilliams@andersonssolicitors.co.uk

Cohabiting couples still vulnerable despite new rights

The Law Commission says cohabiting couples need more legal protection but has stopped short of recommending the kind of rights provided by marriage. Catherine Wenborn of Andersons solicitors in Nottingham explains what the changes mean and why they could still leave thousands of cohabitees feeling vulnerable.

Family lawyers often come across cases of clear injustice because cohabiting couples have very little legal protection as the law now stands.

It could be that someone lives with a partner for 20 years yet ends up homeless and penniless when the relationship breaks up. Or they may find they lose out because their partner dies without making a will and the estate they helped to pay for and expected to inherit is instead divided up between family members they hardly know.

With more than 2 million cohabiting couples in England and Wales the number of people likely to suffer injustice in some way is enormous. The Law Commission’s recommendations are limited but they do go some way towards redressing the balance.

The main benefit is that couples who split up would be entitled to financial settlements which reflect their contribution to the relationship. The partner making a claim would have to prove that they had made a “qualifying contribution” and they would have to show that this put them at a long term disadvantage or gave their former partner a financial benefit.

For example, if a woman sacrificed her career to stay at home to look after the children leaving her partner free to progress in his job then she would be at a disadvantage and should be compensated for that. Similarly, if a man helped pay for a mortgage in his partner’s name then that would give her a clear advantage and that should be reflected in the financial agreement.

Courts would be able to order one of the partners to pay lump sums or sell their home to provide the other with a fair settlement. This is an improvement but as the Commission points out, it is very different to the situation of married couples who divorce because it only relates to contributions made during the relationship.

With marriage there is an automatic presumption that both partners are equal irrespective of their differing contributions. Unless there are special circumstances, assets and wealth are divided equally when a couple divorce. With co-habiting couples there is no such presumption no matter how long they live together.

Co-habiting partners won’t be entitled to maintenance payments, regardless of their needs. The only time such support might be provided is to pay for childcare. This means some women in particular could still be left in a vulnerable position.

To qualify for these limited new rights a couple would have to have children together or live together for a minimum period. It’s recommended that this should be between two and five years.

The proposals are now being considered by the Ministry of Justice which will decide whether or not they should be implemented.

Catherine Wenborn is head of the Family Department and can be contacted on 0115 988 6717.

Note to editors: Andersons Solicitors is an established, Nottingham-based law firm offering a variety of legal service to businesses and individuals. Services include:

· Business start-ups
· Commercial Contracts
· Commercial Property
· Debt Recovery
· Dispute Resolution
· Employment Law – Businesses
· Employment Law - Individuals
· Family
· Investment Property
· Personal Injury
· Retirement Planning
· Residential Property
· Succession Planning
· Wills and probate

Andersons Solicitors produce 3 monthly newsletters (Employment, Business Law & Private Client) if you would like to subscribe to any of these please email cwilliams@andersonssolicitors.co.uk