Monday 7 November 2011

Public/Press Awareness - Nigel Sleight - Barrister at Regency Chambers

Public/press awareness....

Over the past few days there has been an awful lot of commentary on the Famiy Justice Review and what it may mean in practice. Some of the more emotive headlines such as 'Grandparents denied access rights' are clearly misreported. Firstly they have not been denied any such 'right' in the review rather it has stated that it does not make any recommendations to alter the existing law which would already allow a grandparent to bring an application for contact or residence with the leave of the court.

The comments made on a number of articles that have appeared in the paper [e.g. by Joanne Edwards appearing to today's Observer:

http://www.guardian.co.uk/commentisfree/2011/nov/06/legal-aid-families-joanne-edwards?newsfeed=true]

show how varied the responses are to the two key issues of the moment i.e. reforming family law and the cutting of legal aid. The inherent tension between the Governments aims is clear but it is also the case that these implications are being missed by the wider public. By way of example (and it is purely ONE example) many fathers are writing that they are disappointed the Review did not make a recommendation for 50:50 care of children when couples separate yet at the same time are pleased legal aid for such disputes is being severely curtailed (on the basis it is women who are more likely to qualify for Legal Aid).

However two huge things seem to be constantly overlooked:

1. The same father who is accused of domestic violence will himself not be eligible for Legal Aid to defend himself against allegations (irrespective of their means)

2. Any father being forced to bring a contact/residence application will have a much longer ride through the courts clogged up with litigants in person!

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