2^nd May 2019

For decades, policy makers and court support services argued that just one in ten separated families relied on the assistance of courts. It turns out that this figure was very wrong and has been clouding policy judgements. President of the Family Division, Sir Andrew McFarlane, said this is:

“a far cry from the previous comfortable urban myth based on a figure of 10%. It indicates a major societal problem…”.​

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PRESS RELEASE

Monday 15^th October 2018 00:01

Analysis: Huge Increases in the Use of Non-Molestation Orders since Scrapping of Legal Aid (LASPO)

Thousands misuse abuse orders to get Legal Aid
37% increase in 5 years since LASPO

Chances of being hit with a Non-Molestation Order depends on where you live

Children are denied good parents by bad court orders

The system needs new checks and balances
 to avoid abuse of innocent parties and children

The will of Parliament on bail conditions is being bypassed

FNF call on Family Courts and police to complete investigations
within three months and to deal firmly with bogus claims of violence

Families Need Fathers (FNF) is a national, UK shared parenting charity concerned with the welfare of children in the context of family separation. Changes in legislation over the last six years, designed to save money or protect people who have been subject to abuse have also had unintended consequences – ‘collateral damage’ harming or destroying healthy child-parent relationships and fuelling parental conflict.

Families Need Fathers has completed a review of trends in Non-Molestation Orders (NMOs or Non-Mols) usage. NMOs are injunctive Civil orders designed to protect anyone who has been abused from further abuse. Over 26,000 such orders are now issued annually. Following a period of decline in their use, there was a significant, immediate jump in their numbers following changes legislation in 2013 that scrapped Legal Aid in private family proceedings unless domestic violence is claimed (as opposed to shown) to have been involved. A further spike in their use has occurred since 2017 when legislation changes to increase scrutiny on the police when they wish to extend police bail without charges led to this back door approach being exploited to get around the scrutiny.

Since these legislative changes came into force NMOs have increased by 7,249 cases a year, an increase of 37%.

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638,900 parents will fall into Child Maintenance ‘poverty trap’ under Universal Credit

says a new report by the Centre for Social Justice

Tens of thousands of separated parents are asked to make unaffordable payments

DWP’s CMS punishes them for their poverty with surcharges

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12^th July 2018 - for immediate release

DWP announce draconian measures on enforcement of Child Maintenance without a proper understanding of the problems

DWP have acknowledge that “issues exist” in the current Child Maintenance formula that they are “considering further”, but have not completed an investigation first

In failing to investigate properly before introducing these measures many paying parents will be put into deep poverty and some will contemplate suicide

The CMS formula itself is primitive and unworkable in many cases. Many parents, mostly dads, feel bullied and are driven out of work and into despair

The Government’s new Child Maintenance and Arrears Strategy published today proposes write off much of the £4bn of Child Maintenance arrears is right, pragmatic and welcomed. The vast majority of such arrears were accumulated over a quarter of a century and are for relatively tiny amounts. Many of those assessed simply did not have the money to pay it at the time. Most cases of arrears have arisen largely because of:

• Incorrect calculations by the discredited scrapped Child Support Agency (CSA)
• Fundamental flaws in the calculation making payments unaffordable and discouraging work
• A failure to address issues around shared parenting arrangements
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PRESS RELEASE 21^st January 2019 : For Immediate release

The Draft Government Domestic Abuse Bill must protect the vulnerable, including those who are falsely accused

Coercive control through false allegations and denial of child contact is a serious and harrowing form of child/adult abuse

The Government’s draft Domestic Abuse Bill seeks to protect vulnerable witnesses from cross-examination in family courts. It is right that someone who alleges being a victim of domestic abuse should not be cross-examined by the alleged perpetrator. But it is also right that the accused must be supported in defending themselves. The current system that qualifies those who make allegations of abuse to legal aid in family courts, but not the accused, is simply a denial of access to justice. This encourages false allegations that are a common feature of family separation disputes. It allows the system to be gamed and manipulated to abuse the innocent, leaving them unable to respond effectively to an accuser who is benefitting from legal assistance from the state’s coffers. Most litigants in person would rather not cross-examine ex-partners but have no choice as they cannot afford a lawyer. Being cross-examined by a lawyer whilst alone and un-represented is a frightening experience that people should not have to suffer, regardless of what they are accused of.

More specifically, if a person representing themselves is not to be permitted to cross-examine their accuser, then, as stated by former High Court Judge Mark Hedley today on the BBC’s World at One today, they must be provided by the state with an advocate who can do so on their behalf.

Families Need Fathers also propose that anyone found to have deliberately sought to game the system, who makes false allegations to the detriment of ex-partners and their children must be treated every bit as seriously.

It is reported that the Bill also proposes that polygraph tests are to be used. FNF would support the use of such techniques by the court in situations such as pending finding of fact hearings so long as this is done even-handedly. They could be used as a useful initial step to test evidence provided by both sides. Both the alleged victim and alleged perpetrator may be highly vulnerable and both must be treated as such.

Jerry Karlin, Chair and Managing Trustee of Families Need Fathers says:

 “Contact denial, without good reason, especially when supported by unfounded allegations, is coercive abuse as harmful and life-destroying to children and adults and has to be addressed within this package of measures.”

ENDS

Notes for editors:
Families Need Fathers - because both parents matter
FNF is a registered UK charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. FNF is NOT a fathers' rights group - we support the best interests of children - namely mature and collaborative parenting by both parents - an objective which is inadequately promoted in the family court system and associated services.

Our primary concern is the maintenance of the child’s meaningful relationship with both parents. Founded in 1974, FNF helps thousands of parents every year.

For comment, further quotations or information please contact: media@fnf.org.uk or call on 0300 0300 110.

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