Government Plans for Family Law in the Event of a No Deal Brexit

With Brexit negotiations still under way, the government released new plans this month (September 2018) that explain in detail any changes that may happen to Family Law and the judicial system in the unlikely event of the UK leaving the EU without a deal on 29th March 2019.

Currently, as a part of the EU, England, Wales and Northern Ireland follow the Brussels IIA rules when addressing matters of divorce, child custody and international child abduction in the court. According to the new plans released by the government on the 13th September, the Brussels IIA rules would be revoked in the case of a “no deal” Brexit. These changes may also affect the ‘Lis Pendens’ rules – within Family Law, Lis Pendens refers to the courts ability to cease divorce proceedings after an EU court has started the process of the case. Should the UK leave the EU without a deal, Lis Pendens rules would be repealed across England, Wales and Northern Ireland.

In the event of a no-deal Brexit on the 29th March, Equivalent Hague Conventions are set to replace previous EU rules. The government’s plans, released in September, explain how the previous EU laws would change to Hague Conventions which currently focus on matters of parental responsibility, rules regarding abducted children, central authority cooperation and maintenance recognition and enforcement. Even in the event of a no deal Brexit, Hague Conventions such as the Recognition of Divorces and Legal Separations and the 1970 Conventions will remain international law and will therefore continue in the UK.

In the event of a no deal Brexit, the UK doesn’t plan to axe all previous EU laws. Some of the Civil Family Law conventions the UK government intend on keeping include the 1980 Hague Convention on the Civil Aspects of International Child and the 2007 Hague Convention whereby the government would formally re-join the EU in the event of a no deal Brexit. The UK government have explained within their new plans that any rules and conventions surrounding same sex marriages and civil partnerships will also be replaced with new and independent UK laws.

Come the 29th March 2019, if you are in the middle of divorce or separation proceedings or any other family matters within a UK court, you should continue the process as normal and any case will be dealt with under independent UK rules opposed to EU rules. If you are going through an EU court however, it is suggested that you seek legal advice to determine any changes that may occur in your case as a result of Brexit negotiations.

The new plans released by the government have had both a positive and negative response – with some family law experts believing that a no deal Brexit will have a positive impact on the UK judicial system whilst some fear that new and independent rules will lead to an escalation of stresses and pressures within the court.

Kerry Smith is the Head of Family Law at K J Smith Solicitors, specialist family law solicitors in Reading that deal with a wide range of issues, including divorce, domestic violence, civil partnerships, and prenuptial agreements. Kerry has over 15 years experience in family law and is recommended by the Legal 500 guide to law firms in the UK.

 

7 Tips for Taking On Parenthood When You’re Living With a Disability

7 tipsWhen you’re about to be a new parent, it can be tricky to truly prepare for what lies ahead. But there are a few things you can do ahead of time to prepare. Here are seven steps you can take when you’re going to be a new parent and are living with a disability.

Talk About Parenting With Your Partner  

If you plan on parenting with a partner, it’s a good idea to sit down and really hash out what parenthood means to each of you. Talk about how tasks will be divided and what roles you expect each other to play. Discuss different parenting techniques and make final decisions together. Getting on the same page before your baby is born will diffuse any additional tension during an already stressful time.  

Set Budget Goals But Be Prepared for Surprises  

With a new baby on the way, you’ll want to set a budget. Expect monthly expenses to increase, and factor in new items, such as baby clothes, bottles, and diapers. Try to set aside some savings to cover any sudden financial issues. If you’re receiving any benefits, figure out if there will be changes to your benefits if you’re having a child, and don’t forget to review your health and life insurance as well.

Be Flexible With Your Schedule

If you live with a disability, you may be used to a certain routine. Know that children, and especially newborns, will cause some serious changes to your daily schedule. It may take time to work out a normal sleep pattern, and your life will revolve around feedings and care. Clear out your calendar for the first few weeks and don’t make any other plans except for parenting.  

Max Out Accessibility in Your Home  

Make sure your house is safe and ready for you and your baby. You’ll need to focus all your energy on the new little one, so take steps now to increase accessibility. If you haven’t already, think about replacing steps with a ramp, purchasing expandable hinges for doorways, and even installing skid-resistant flooring. Preventing accidents, like slips and falls, will make life as a parent easier and can make your home safer for a growing baby as well.  

Start Small Practices to Relieve Stress  

Any parent will tell you that nothing will stress you out quite like a new baby. So try to get yourself in the habit of practicing stress-relieving self-care now. You’ll likely be short on time when you bring your new baby home, so find brief, effective methods to relieve tension. Work on a little meditation routine or practice some acupressure on yourself. Minimizing stress will help you parent more productively.

Plan Out Meals for Those First Few Weeks   

Having a new baby will leave you with very little time to cook. So it’s smart to set up some quick, easy meals ahead of time. Prepare some casseroles and throw them in your freezer, or bag up some simple crockpot meals. If you have family and friends nearby, you can also ask them to organize a “meal train” to keep your family fed. Keeping speedy meals and convenient snacks around is a lifesaver for busy new parents.  

Find Help When You Need It  

Every parent needs help from time to time as we settle into our role. If you feel overwhelmed, think about calling a friend or family member to help you out with tasks around the house. You may even want to think about hiring someone to help you out, especially during the initial adjustment period. To a new parent, help can be priceless.

Every new parent feels some anxiety at first. With practice and planning, you’ll start to feel better soon. Know that you are fully capable of taking on this task. Congratulations on your new family member and welcome to the wonderful world of parenthood!

Author of this article is Ashley Taylor   ashley@disabledparents.org

The Role of Father Figures in Your Child’s Life

thumbnail_fatherfiguresIn a perfect world, children would grow up in happy, loving families, enjoying the attention of both their birth parents. Unfortunately, our world is far from perfect and parenting roles keep evolving. Where nuclear families were once clear cut, parents now have to fit in different roles from step-parents, single parents, co-parents and so on.

As a result, many children are growing up without their biological father’s presence in their lives. Regardless of how uninvolved a father is in the life of his child, don’t fret. There are other men who will ably step into that role to provide the love, support and guidance your child needs. These father figures can include grandfathers, uncles, a trusted family friend, teacher or pastor or even a sports coach. What matters is that they are able and willing to be present and involved in your child’s upbringing.

The Importance Of Father Figures

While there are many single parents who do an excellent job of bringing up their children solo, having a father figure there brings added value. Research suggests that children with active father figures have fewer psychological and behavioral problems. Such relationships have a profound influence on a child’s development, positively impacting their moral, social and cognitive growth.

Father figures step up to the plate and create opportunities to interact with your child just as their biological fathers would- bonding through play, reading stories, fishing, sports, movie nights etc. Other than being a positive and guiding influence in your child’s life, having a strong bond with an affectionate father figure has also been shown to somehow inoculate children against alcohol and substance abuse, making them less likely to end up as troubled teens.

Additionally, the relationship your child has with their father figure can affect their future relationships. The early interactions from childhood can act as a blueprint for other relationships throughout the child’s life, influencing their interactions with others as well as giving them an idea of what acceptable behavior in a relationship is.

Since boys typically model themselves after their fathers, they require positive male role models with good values to look up to. The father figure will provide an example of how a man acts towards other men, women and children and also how to behave in different social and professional situations. As your son grows into his teens, he will greatly appreciate having a man who listens, guides and provides advice and support to navigate tricky situations that teenage boys find themselves in.

Girls on the other hand, will use the relationship with their father figures to form opinions of how men should treat women. A loving, kind and gentle male role model will do a lot to boost your daughter’s self-esteem. As she moves into the dating world, she is likely to pick partners with the same characteristics as her father figure because that’s what she’s familiar with.

So even if your child’s biological father is no longer in the picture know that there are other father figures who can step into those shoes and provide the positive guidance, unconditional love, genuine affection and sincere support that your child needs.

Author of this article, Tyler Jacobson, enjoys going to the mountains near his home in Draper, Utah to connect with his wife and children through camping, hiking, and quality time together. When he isn’t rebooting in the outdoors, he shares his fatherly experiences with the world through writing and creative work. Tyler shares the ups and downs of family life and the solutions he’s found through lengthy research and involvement in the industry and his own experiences to help parents everywhere. Follow Tyler on: Twitter | LinkedIn