Uk Law Is Becoming A Copy Cat Of The Other Extreme States

[OldChestNuts]

A bit shocked to read this on separating parents to be fined.
https://www.bbc.co.uk/news/uk-65049700.amp

If I am separated that it, I don't want anything to do with the other person.

[OldChestNuts]

This only happens in communist countries.

[ToraToraTora]

https://www.theanswerbank.co.uk/News/Question1831463.html

[vulcan42]

Another step backwards to 1984.

[OldChestNuts]

I don't know exactly if this still happens in India, China. But surely it happened in the Po Pot regime, 50 years ago.
However, I can see benefits to the community. It reduces benefits payout burden for single single parents and other tax reduction like council tax. The gov definitely had looked into ways of reducing cost.

[bednobs]

how would you sort out access visitation, money, assets unless you talk to them OCN?

[OldChestNuts]

At the moment you do it through your appointed solicitor.

[bednobs]

but mediation is cheaper (and it seems as if the govt are offering to pay!) so i cant see many people turning theri noses up

[pastafreak]

It can't be "thats it" if children are involved. As long as the parents are civil to each other and the separation/ divorce is being agreed by both of the parents, then mediation seems the most practical option.
Mediation has been available for years. Mr pasta and I did it 17-18 years ago. Solicitors can just complicate things needlessly.

[rowanwitch]

They have already said it won't be forced on couples separating due to abuse. The argument is mainly about cases of coercive control which are harder to prove.

[Barmaid]

I can see that this has both good and bad points. Since legal aid was cut, many separating parents cannot afford a solicitor. They end up having to represent themselves in Court and do not always appreciate what the Court can and cannot do. Inevitably, this drags the process out and it is the children who suffer. All involved find this extremely stressful.

Another problem is that separating parents are often hurting and hurt people hurt. The children sometimes being used as weapons or pawns. Again this drags the process out and it is the children who suffer.

Mediation is a process where it is not actually necessary to be in the same room as the other parent since the mediator will go back and forth between the parties in an attempt to reach some resolution of the issues. It is quicker, cheaper and mediated agreements are statistically less likely to fail than Court imposed rulings.

However, coercive control cases are often hard to spot and even harder to manage in such circumstances. Those will need careful consideration. Presumably, a Judge hearing the case will have the ability to waive the fine if coercive control is found.

A good idea in some respects, but care needed in its application.

[Zacs-Master]

Barmaid, it also says 'The policy will apply to separations where children are involved but the government is also looking more broadly at compulsory mediation for those without children, and how that could be funded'.

[Barmaid]

That is still a good idea, Zacs.

In fact mediation where there is purely financial stuff at stake can often be very effective since the parties can agree stuff that the Court does not necessarily have the power to order.

In purely ancillary relief proceedings, one of the first hearings is an FDR where it is expected that the parties will negotiate with the Judge facilitating discussions. That Judge is then not allowed to take part in future hearings. These take up a huge amount of judicial time and could be just as effectively dealt with at mediation. The current pressures on the Civil and Family Courts are immense and the backlog of cases is unbelievable.

The downside with forcing people to do this is that some people will not really engage in the process and treat it as a tick box exercise to avoid a fine. In those cases, it is counter-productive. Mediation only really works if both parties want to bring an end to the fight and move on. Some people just want to fight to the bitter end and to hell with the cost.

[bednobs]

agreed, mediation is still a financial burden when one of the parties is being a dick. One of my friends did their side of paid mediation , the ex refused to do their side, so my friend engaged a solicitor, and when the ex got sent a letter setting out the proposals, they then said "i want to do mediation" . now my friend will have to pay for mediation again, on top of the solicitor they engaged, and the forst lot of mediation. The ex is im sure just trying to string it out in the hope house prices go upand they get more from my friend who is buying them out