The Austin Lafferty Solicitors & Estate Agents Blog

A senior Conservative Peer has announced his intention to challenge the Government's plans to charge single parents to use the future Child Support Agency.

Lord Mackay of Clashfern, who as Margaret Thatcher’s Lord Chancellor introduced the Child Support Act 1991, has tabled an amendment that would exempt from the charges those parents who have no alternative but to use the statutory maintenance service, because private arrangements are not possible or appropriate. The amendment is due to go to a vote on Wednesday 25th January.

The amendment would prevent the Government imposing the following charges on parents who turn to the statutory maintenance service because, without its help, their children would not receive fair and regular child maintenance:

• An up-front application charge levied on the applicant (overwhelmingly ‘parents with care’, around 97% of whom are mothers) in order to use the future new Agency. The Government is discussing a charge of 100 or £50 for an applicant on benefits.

• A ‘collection charge’ taken by the Agency from each maintenance payment it collects, in the range of 7-12% of the payment, before the money is passed on for the child/children.

There is a further ‘collection surcharge’ which the Government proposes to levy on the ‘non-resident parent’, additional to actual maintenance due, in the range 15-20% of the maintenance liability, where the Agency has to step in to collect the maintenance to ensure it gets paid. This would not be affected by the amendment.

Gingerbread Chief Executive Fiona Weir said:

“We are very grateful to Lord Mackay for taking up this vital issue in the Lords, and the indications of support he has received so far show the high level of cross-party concern at the government’s proposals.

“We fully support efforts to help separated parents work together to deal with the financial, emotional and practical consequences of separation. But the government needs to realise that in very many cases that isn’t possible, and if charges are introduced then it will be children who lose out.”

A couple from Italy who are to divorce at the ages of 99 and 96 look set to become the world's oldest divorcees, a record previously held by a British couple who were both aged 98 when they divorced, reports the Telegraph.

The marriage of the Italian couple had not been without its problems, but the final blow came when the 99-year-old man found old letters indicating that his wife had had an affair during the 1940s. Despite the amount of time that had passed, he immediately requested a divorce, bringing an end to 77 years of marriage.

Barnardo’s Scotland is issuing a desperate plea for people to put themselves forward as potential foster carers – particularly for older children.

While there is considerable focus on placing babies and younger children, the charity highlights the needs of older children. There needs to be a range of placements so that the system works for all children and young people.

Barnardo’s Scotland acting director, SallyAnn Kelly, said:

“All children and young people deserve and need a loving home in order to thrive. We urgently need more people to consider becoming foster parents to children over the age of ten.

We know from our experience that older children in care can need extra support. They need carers who can help them overcome emotional and behavioral difficulties, and provide much needed stability.”

There is a general shortage of foster families across Scotland, with at least 1,700 new foster families needing to be found within the next 12 months.

The situation is particularly worrying as the number of children in care who need foster families has continued to increase year on year, but the number of carers coming forward has not matched the need. Figures from the Fostering Network show that the number of children in care in the UK living with foster families at any one time has risen every year since 2005, from 49,700 to over 59,000 in 2011.

Recent research from America has found that around two thirds of cohabiting couples were put off marriage because of concerns about dealing with the social, legal, emotional and economic consequences of a possible divorce.

Researchers at Cornell University and the University of Central Oklahoma found that approximately 67% of the study’s respondents shared their worries about divorce. Despite the concerns, middle-class subjects spoke more favorably about tying the knot and viewed cohabitation as a natural stepping stone to marriage compared to their working-class counterparts. Lower-income women were more likely to view marriage as a "trap," fearing that it could be hard to get out of if things go wrong or it would lead to additional domestic responsibilities but few benefits.

The study also found working-class cohabitating couples were more apt to view marriage as “just a piece of paper,” nearly identical to their existing relationship. They were twice as likely to admit fears about being stuck in marriage with no way out once they were relying on their partners’ share of income to get by.

The Scottish Government has outlined new measures to improve the experience for child witnesses while they give evidence.

The Cabinet Secretary for Justice Kenny MacAskill published renewed interview guidance for police officers and social workers and announced the roll out of visual recording equipment.

With the focus firmly on the best interests of the child, these new developments will help to ensure that the justice and children's hearings systems keep pace with modern life and provide better support for victims and witnesses, allowing them to give their best evidence and participate effectively in the process.

Costs related to the procurement of the visual recording equipment will be met from existing budgets and are expected to be £315,000 in the current financial year. This will deliver 36 interview suites and around 55 mobile recording kits across Scotland.

The revised Guidance on Joint Investigative Interviewing (JII) of Child Witnesses in Scotland promotes best practice for police officers and social workers undertaking JIIs with children.

The Scottish Government set up a multi-agency National Strategic Group to revise the guidance, purchase and roll-out of visual recording equipment and consider training requirements.

The revised guidance ensures consistency with the updated National Child Protection guidance published in December 2010 and will assist compliance with the requirements of European legislation.

A recent study into family formation by researchers at Bowling Green State University’s National Center for Family and Marriage Research’s (NCFMR) has found that the majority (61%) of young adults have formed a family by age 25.

According to the research, over two-thirds of women (69%) have formed a family in early adulthood compared to just over half of men (53%). Education also plays an integral part in how a family is formed. Family formation in early adulthood was most prevalent among young adults with a GED diploma, at 81%. Those with at least a bachelor’s degree were least likely to form a family before age 25 (44%).

“Increasingly, young adults are spending more time in school as they pursue college and advanced degrees,” said Dr. Susan Brown, co-director of the NCFMR and a professor of sociology. “This tends to delay family formation—whether childbearing, cohabitation, or marriage—as most people aim to achieve financial security prior to starting a family.”

Researchers found over a quarter of young adults married prior to their 25th birthday. Over a third of them followed a direct or “traditional” pathway into marriage, meaning they did not live with their partner or have a child before getting married. Men were more likely than women to follow this “traditional” pathway.

The researchers also found out that living together is a strong pathway to marriage. Among young adults who got married, over three-fifths cohabited before tying the knot. Women are also more likely than men to live with someone before marriage (63% versus 57%).

The Registrar General for Scotland has published provisional figures for births, deaths, marriages and civil partnerships registered during the third quarter of 2011.

The figures show:

- 15,216 births were registered in the third quarter of the year - 306 (2.1%) more than in the same period of 2010.

- At 11,651, the number of marriages was 74 more than in the third quarter of 2010.

- 194 civil partnerships (74 male and 120 female) were registered in the quarter, 23 more than in the third quarter of 2010.

- 12,615 deaths were registered in Scotland in the third quarter of 2011 - 0.9% more than in the same period of 2010.

- Deaths from cancer rose by 0.3%. Deaths from coronary heart disease and stroke fell by 5.8% and 0.9 % respectively.

Research from the Centre for the Modern Family, a new think tank launched by Scottish Widows to improve the understanding of the challenges facing modern British families, has revealed that just 16% of people define themselves as part of a ‘traditional’ family of two married parents living together with two or more children. Instead, the findings indicate family structures are becoming increasingly diverse. A quarter of all couples are childless, and one in five lives alone.

Some of the most striking research findings centre on people’s attitudes to what constitutes a “proper family”. Fifty seven per cent of people no longer believe that a couple with children have to be married to be a family. Beyond the subject of marriage, 77% of people believe that single parents can be a proper family; and 59% believe that same sex couples can be a family.

However, a significant minority of people disagree with these views indicating a strong polarisation of opinion. A third, 34%, thinks that a couple should be married to be a family. Just under a third, 29%, believe that same sex couples are not a proper family, and almost one in five, 17%, feel that single parents are not a proper family.

Half of respondents feel that society is out of date with its view of the family. Almost a quarter, 22%, do not believe their family is valued by society and almost a fifth, 18%, feel judged because of their family set-up.

More than half don’t think that the Government takes their family into account and 55% do not think their family set-up is portrayed by the media, on television or in advertising. A quarter of people believe that businesses do not cater for their type of family.

Austin is often asked to contribute to legal, business and financial forums. Fergus Muirhead is a longstanding friend and colleague (going right back to university days), and is similarly a TV and radio pundit, and while Austin advises the public on all areas of law, Fergus does an equivalent job on money and finance.

Here is some analysis and advice on the eternal issue of Making A Will (and what happens if you don’t!).

The Church of Scotland has formally responded to the Scottish Government's consultation exercise on proposals to introduce same sex marriage.

In its response, the Church states that it opposes the introduction of same sex marriage as it “fundamentally changes marriage as it is understood in our country and our culture - that it is a relationship between one man and one woman.”  The Church has expressed concerns about the speed in which the Government is going ahead, and believes more extensive debate and consideration are required before any decisions are reached.

The Church of Scotland says it also disagrees with the Government's proposal to allow civil partnerships to be registered on religious premises or in religious ceremonies, although it recognises that other religious groups may not share that opinion.

New legislation is now in force across Scotland to help protect victims of forced marriage. The Forced Marriage (Protection and Jurisdiction) (Scotland) Act 2011 provides a specific civil remedy for those threatened with forced marriage and those already in such a marriage. The Act received Royal Assent on 27th April 2011, and came into force on 28th November 2011.

The legislation gives Scottish courts the power to issue Forced Marriage Protection Orders, which can be tailored according to the specific needs of the victim, for example, to ensure people are taken to a place of safety or to help those in danger of being taken abroad for marriage.

The legislation is the first in the UK to make it a criminal offence to breach an Order, leading to a two year prison sentence, a fine, or both.

Smina Akhtar, Director of Amina, the Muslim Women's Resource Centre in Glasgow, said:

"Forced Marriage is not acceptable within any major religion. This law will mean that victims of forced marriage will no longer be alone and have to suffer in silence.

"By passing this law the Scottish Government has given a voice to a silent minority and a lifeline to many young people who until now have had nowhere to turn for help and support."

Existing powers to annul a forced marriage have also been reformed to make the process easier.

Listen to Austin Lafferty's take on party litigants from his recent radio appearance on MacAulay & Co with Fred MacAulay:

http://www.bbc.co.uk/programmes/b010gmrt#synopsis

In the week that William and Kate tie the knot, one can only wonder if any decisions have been taken by the parties in agreement of what the financial provisions would be in the event of a future Royal divorce.

Along with your biro, Harry Potter boxed set and James Blunt CD, you can get a will or a divorce at the counter -  and pay by swiping your credit card.

The granting of powers of attorney is inevitably increasing in an ageing society. But this could just be the tip of the iceberg should a future proposed test for Alzheimer disease be introduced.

How social media can help separated parents exercise contact.

When I began in the legal profession in 1979, my first job was as an apprentice conveyancer in Glasgow. It was the very start of a revolution.

Whilst the granting of a Power of Attorney can be indispensable for a family in situations where they may have an ageing parent, it is not a power that should be granted without serious consideration.