Breach of child arrangements order – What are my options?

Posted on 4th May 2023 by McAlister Family Law

Breach of child arrangements order – What are my options?

Navigating decisions about arrangements for the children, house rules and holidays can be a very difficult task for separated parents. In cases where an impasse is irreconcilable, it may be necessary to secure a Child Arrangements Order to clarify matters and enable the parties to move on with their lives. Here, Agata Napora looks at the consequences if Court Orders aren’t followed.

Initial Steps

A constant breach can be very upsetting and cause a lot of uncertainty for the other parent and the child concerned which is far from desirable and should be handled with care. In first instance we would recommend that you always try to address all the issues direct as this may help break the ice between you and help resolve matters without the need of engaging a solicitor or taking your case back Court. However, should this approach be unsuccessful, the next step would be to contact a solicitor with a view to writing to the other party and reminding them of their obligation to comply with the Order and the legal ramifications if they continue to breach it.

A Child Arrangements Order has a “Warning Notice” attached to it which informs the parties about the consequences of failure to abide by the terms of the Order. From a legal standpoint, a breach of a Court Order is a serious affair as it constitutes a contempt of Court, and this may lead to sanctions being made against the non-compliant parent.

If correspondence from a solicitor does not achieve the desired effect and the other parent continues to act contrary to the terms of the Order, then you may need to consider applying to the Court for enforcement.

What Constitutes a Breach of an Order

When a Child Arrangements Order is already in place almost anything can amount to a breach including a lateness to the handover or a cancellation of contact due to an illness, or a prior work commitment. Whilst a one-off incident of this nature is unlikely to be enough for the Court to order a sanction against the other party, a series of minor breaches may have a profound impact on the welfare of the child and the Court will therefore take a closer look at the overall situation. It is therefore advisable to keep a record of all the instances and the frequency of the said breaches so that the Court can benefit from a full picture and is able to investigate the issues accordingly.

What the Court looks for in enforcement applications

The Court will determine the nature of the breach and look at the reasons behind the other parent’s non-compliance. The Judge will be interested in knowing as to whether there is a plausible explanation behind the other parent’s conduct or perhaps no valid justification at all. The Court will assess the effect of the breach on the child’s welfare and whether it would be in the child’s best interests for the order to be enforced. Every case is different, and in some circumstances, the Court may wish to obtain expert advice or a CAFCASS report or make a referral to social services to investigate matters in more detail before making a final determination.

How to make Enforcement application

An application to enforce a court order is made on a specific enforcement application form C79. There is also a Court fee payable of £232 unless you qualify for a fee remission. We would recommend that you seek legal advice on how to complete the form to ensure that your application is successful.

Enforcement and Sanctions

In deciding whether to enforce the Order, the Court must satisfy itself beyond reasonable doubt that such action is necessary and proportionate to the seriousness and frequency of the parent committing the breach and that the Enforcement Order is required to secure compliance with the Order. If the breach turns out to be minor or the parent in breach of the Order actively shows remorse and perhaps undertakes to the Court not to repeat the said misconduct, the Court is likely to consider that Enforcement Order is not necessary. Furthermore, if a parent in breach of the Order can show on balance of probabilities that they had a reasonable excuse for failing to comply with the order, then it an Enforcement Order will not be granted.

Whilst some parties may be referred to a separated parents information program (SPIP) or mediation to resolve their disputes, others could be ordered to pay a fine, undertake unpaid work or be committed to prison. It may also be possible for one parent to seek a compensation for financial loss suffered by reason of the breach.

Who pays costs of enforcement proceedings

The standard rule on costs in children proceedings is that there should be no order for costs. This approach however does not apply to applications for enforcement orders meaning that the applicant party have the right to seek costs against the respondent party and the Court has a discretion to order the unsuccessful party to pay the reasonable legal costs of the other side.

If you are considering applying to the Court for enforcement of the existing Child Arrangements Order, we would highly recommend that you seek specialist assistance.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Means free Legal Aid being extended

Posted on 18th April 202318th April 2023 by McAlister Family Law

Means free Legal Aid being extended

Government announces extension to the rules for family legal aid. The scope of means free Legal Aid is being extended for Parents and those with Parental Responsibility. This applies to opposing applications for Placement and Adoption Orders in public family law proceedings. Here, Clint Nicholls looks at what this means for you.

Well, it will be a relief for many Parents as it will make it easier to obtain Legal Aid as the case will only be assessed on a merits basis, whereas previously applications were subject to the means test. Challenging an adoption or Placement Order is a daunting task especially for vulnerable Parents who may have little support if they cannot obtain legal help. If Parents can demonstrate that they have made changes and these changes are sufficient, then their case will be assessed on merits only and they will not have the added worry of their financial circumstances barring them from accessing legal help. This is a positive step from the Legal Aid Agency and should be welcomed and hopefully further steps can be made to allow more people to access legal services without having to worry about their financial means.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Posted on 6th April 2023 by McAlister Family Law

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Pregnancies can be a joyous occasion, with both prospective parents doing everything to ensure that their developing baby is born into a loving family, have a good upbringing and grow into a well-adjusted adult. However, the Domestic Abuse Report 2022 and annual audits paint a very different and concerning picture. Here, Ruth Hetherington looks at the stark reality of domestic abuse against pregnant women.

The stark reality of domestic abuse against pregnant women

It is reported that 20-30% of pregnant women report incidents of physical violence, 14% reporting severe or life-threatening violence. Around 36% of women experience verbal abuse during pregnancy and the statistics also reveal that 20% of pregnant women report sexual violence.

These reports are shocking and give stark clarity to the extent of domestic abuse in pregnancy, which shows no regard by abusers as to their partner but more importantly the baby. There is a distinct lack of understanding of domestic abuse generally, but particularly the impact and effect on an unborn child cannot be dismissed or ignored.

The key findings of the Audit Report Year 2020-2021 show that most women accessing domestic abuse support services have children, and 7.3% of women seeking support services are pregnant women in refugees.

The physical risks to pregnant women are significant, with injuries reported to be sustained to the head, neck, broken bones, and punches to the stomach. Much of this information would be repugnant to many, but it can form a pattern of coercive control behaviours, which can escalate when pregnant. It creates a dependency and a sense of hopelessness, which means women are left in a vulnerable state, with nowhere to turn, particularly if they lack the strength to be able to leave.

The impact on the child

Babies that grow up within an environment where domestic abuse is a factor will be negatively impacted. It must be a scary environment for any child to witness and grow up in such circumstances, but babies are just as affected as any other child, given their vulnerability in lack of mobility or verbal comprehension.

Children do and can develop maladaptive coping strategies which can put themselves at risk as they feel a responsibility for their parent who is suffering from such abuse. This feeling of responsibility is often heightened when their mother is pregnant. Children can be supported by domestic abuse services, however, these services are limited, depending on the area where you live.

The unfortunate reality of abuse and what victims can do to protect themselves and their children

Unfortunately, women who are unable to break free from their abuser can often be blamed by professionals with allegations of failing to protect their unborn child, which can lead to the possibility of having their child removed at birth.

This does not seem fair or just. It takes incredible strength to leave an abusive relationship, especially when there is a developed dependency and pregnancy. Feelings of being trapped, being alone and nowhere to turn to are common.

There needs to be a real focus on situations of this nature to help vulnerable women but more so children, who can suffer in in such circumstances by getting hurt physically and suffering psychologically and emotionally. If you or anyone close to you are suffering any form of domestic abuse the Government have produced a helpful guide which provides useful telephone numbers.

McAlister Family Law helps, advises and supports those suffering any form of abuse, whether that be physical abuse or coercive control, and our specialist Children team can guide you through ways in which to protect yourself and your children.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Three’s a crowd – The financial implications of being in a throuple

Posted on 30th March 2023 by McAlister Family Law

Three’s a crowd – The financial implications of being in a throuple

There has been a recent celebrity trend for being in a throuple, with familiar names such as David Haye, Brooklyn Beckham, and Selena Gomez all partaking in the trend. Here, Lisa Brown looks at what it means to be in a throuple and what it means from a financial perspective.

So, what is a throuple?

A throuple is, put simply, a romantic relationship between three people. It can take various forms. Each party may be equally involved or there may be a primary relationship between two of them.

What does it mean legally?

Polyamourous relationships are not recognised legally in the England and Wales. You can only marry or enter into a civil partnership with one person at a time. If you were to marry more than one person outside of the England and Wales, then this would be considered void and can be annulled.

This means that in the eyes of the law, a throuple either lives as cohabiting partners, or two members of the throuple are married or in a civil partnership in a more formal legal relationship compared to the third party of the throuple.

What is the difference from a financial perspective?

Cohabiting couples in England and Wales do not currently have any special protection or rights against each other. Despite popular belief there is no such thing as a “common law marriage” and this remains the case no matter how long the relationship lasts.

What this means is that somebody could be in a 20-year relationship with an extremely wealthy person (or persons) and still exit with nothing.

The starting point for a cohabiting relationship is that you each simply retain what is legally in your name when the relationship ends.

Whilst exiting with what you brought in might seem fair for Una Healey when leaving a relatively short relationship with David Haye and Sian Osbourne, it does very much depend on the circumstances.

With marriage and civil partnerships not an option for all three people at the same time, the only other option for them to consider would be a cohabitation agreement to set out the intention should the relationship/s break down. Cohabitation agreements can be very useful tools although they are not 100% legally binding.

What if two people in the couple get married or enter into a civil partnership?

Should two parties of the throuple decide to legally marry or enter a civil partnership, it would significantly alter the legal relationship between those two individuals, and they would each have potential financial claims against the other for property to be transferred, lump sums to be paid, pensions to be shared and spousal maintenance.

Within a throuple this would mean that the person not in the marriage is in a significantly different position to the other two. This could be a big disadvantage but, in certain circumstances, it may also be an advantage. For example, if the member not in the marriage were significantly wealthier than the other two, they may not want to be exposed to the potential claims that being married brings.

What about children?

Where there are children in a relationship there is also a possibility of one parent making a financial claim on their behalf against the other parent under Schedule 1 of the Children Act 1989.

These types of claims are limited to needs of the child and can include provision of a home (usually until child is 18 or 21), lump sums to meet specific needs and maintenance.

Whether a claim under Schedule 1 is worth making will be dependent on the circumstances including the financial resources of the parents and the care arrangements for the child or children.

If you or somebody you know wants to understand their legal position better whether they are in a couple, throuple, cohabiting, thinking about cohabiting, engaged or married they should contact one of our specialist family lawyers today.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Daisy’s Law – New measures to recognise children born as a result of rape

Posted on 23rd March 202323rd March 2023 by McAlister Family Law

Daisy’s Law – New measures to recognise children born as a result of rape

Children born as a result of rape will officially be recognised as victims of crime and receive better support under changes announced by the Government. Here, Rubecca Rahman, McAlister Family Law Paralegal, looks at what the introduction of ‘Daisy’s Law’ will mean for children, victims and survivors of sexual abuse.

On 19^th January 2023 the Government announced that children born as a result of rape will officially be recognised as victims. This follows the Government’s intention to further support victims of such heinous crimes and allow them the opportunity to make the individual accountable for d the crime.

Government statistics suggest that highest ever number of rapes within a 12-month period was recorded by police in the year ending September 2022 and in that same time period, charges were brought in just 2,616 rape cases.[1]

The UK government has announced these changes to the law which will recognise children as victims under the proposal ‘Daisy’s Law.’ England and Wales will be amongst the first countries in the world to bring about such change to their legislation, recognising the horrific circumstances that these children suffer due to no fault of their own.

At present, the lack of explicit reference to people born as a result of rape in the Victims’ Code, which is essentially a code of practice which sets out the minimum standard that all organisations must provide to victims of crime.[2] makes it very difficult for them to claim support and entitlements such as being provided with information about their case. The new laws will allow such children to receive specialist care and support from the criminal justice system which they may have otherwise not have had access to. The change will also allow victims to access counselling and therapy much easier as the government is committed to delivering better outcomes for victims and survivors of sexual abuse.

This landmark piece of legislation follows recommendations from the Justice Select Committee as it seeks to put the needs and voices of victims at the heart of the justice system and increase the accountability of agencies.

The Centre for Women’s Justice (CWJ) found that children born as a result of rape were at risk of suffering serious and long-term harm due to the distressing circumstances of their birth, from infancy well into later life.[3]

Daisy’s Law

Daisy was conceived as a result of rape in the 1970’s and her biological father, Mr Carvel Bennet was never brought to justice, despite her mother reporting the report at the time. He was eventually brought to justice in 2021 using Daisy’s DNA.[4]

As a child, Daisy was raised by an adoptive family, shielded from the truth about the circumstances of her birth. Once she turned 18, she requested her adoption file, hoping to learn more about her birth family and was horrified to learn that her birth mother had become pregnant with her at just 13 years of age. Eventually, Daisy was able to establish a contact with her birth mother and campaigned for her biological father to be brought to justice, offering her DNA as evidence that could be used to prove the prosecution case.

Once this matter was brought before the court, the police were able to secure a conviction against her biological father. Under the criminal law proceedings, Daisy had no rights within law to be kept informed of the progress of the investigation or the prosecution as she was not recognised as a victim of the crime. She therefore worked effortlessly to raise awareness in the press of the difficulties she faced by not being recognised as a secondary victim of rape.

Final thoughts

It is hoped that by working together with other countries to develop a recognised framework, children born of sexual violence will not be disadvantaged by the circumstances of their birth. The call to action has already been endorsed by several countries and organisations and it is hoped this change will have a huge impact on the way matters are dealt with in and out of proceedings and to the victims and those affected by it.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

References:

[1] https://rapecrisis.org.uk/get-informed/statistics-sexual-violence/

[2] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf

[3] https://www.centreforwomensjustice.org.uk/news/2022/8/15/daisys-law-new-research-commissioned-by-centre-for-womens-justice-demonstrates-why-children-born-from-rape-should-be-recognised-as-victims-in-law

[4] https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/62fa26731a8f4921aef8545c/1660561012202/Daisy%27s+story.pdf

The New Age of Social Media v Children’s Rights to Privacy Online

Posted on 16th March 202323rd March 2023 by McAlister Family Law

The new age of social media v children’s rights to privacy online

The growing popularity of online social media platforms such as TikTok and Instagram has paved the way for a newfound presence of ‘kidfluencers’ – children thrust into the online spotlight by their parents or legal guardian, often becoming the face of a personal brand in return for sponsorship deals and paid promotions, with some pages reported to earn thousands of pounds per post.

Here, Eleanor Drury looks at how the influencer marketing industry may put children at risk, and what other jurisdictions are doing to protect them.

Last year, the House of Commons Digital, Culture, Media and Sport committee raised concerns that children are being used by entrepreneurial parents and guardians to capitalise on the growing market, and that a lack of action to regulate this area will lead to children in the industry being exploited. Whilst the UK has previously implemented child labour legislation, this was drafted some time ago and arguably needs to be to address gaps arising from 21^st century ways of life and provide regulation around two key grey areas; firstly, a child’s right to privacy on social media; namely, how content of them is shared and with whom, and secondly, whether profits are protected for the child’s future benefit.

The courts and legislators are faced with a tricky situation whereby the best interests of the child must be finely considered. There is an argument that children in this industry have a better quality of life, presented with further opportunities and greater financial freedom. Does filming and posting your child unboxing gifts, playing pranks or simply singing and dancing along with the latest trends really trigger the need for intervention? Or does the commercialisation for an online audience negate the defence of it simply being ‘play time’?

Given the overwhelming popularity of technology and social media, and the fact that of course not every child posted online is subject to a huge following of strangers on the internet, the courts will likely be keen to avoid a situation in which the floodgates are opened to excess claims and would therefore need to scrutinize a number of variables such as the age of the child, any safeguards put in place to protect the child and how much time and effort is required is of the child. It must also be recognised that the vast majority of parents and guardians post their children online out of love and parental pride.

In 2020, the French parliament adopted a new law on the commercial use of images of children under 16 years old on online platforms. The law aims to protect child influencers and provide a legal framework to prevent their exploitation online. This legislation requires parents and guardians to seek prior government authorisation to produce videos or imagery of children for online platforms where revenue exceeds certain thresholds, along with protecting any income generated by ensuring that only a percentage of this is received by parents and guardians, with the remainder being placed in trust for the child to access during adulthood.

With influencer marketing rapidly on the rise, perhaps UK legislators will decide soon to follow in the footsteps of other jurisdictions and provide a more modernised and inclusive take on pre-existing child labour law.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Grimes, X Æ A-Xii and not identifying as ‘mum’ – do right and wrong parenting styles exist?

Posted on 16th February 202316th February 2023 by McAlister Family Law

Grimes, X Æ A-Xii and not identifying as ‘mum’ – Do right and wrong parenting styles exist?

The futuristic pop star, Grimes, and her equally eccentric, billionaire boyfriend, Elon Musk, are one of the most famous pairings in the world for many reasons. One of which, is their unique parenting style. Here, Nikki Bradley looks at how Grimes and Musk coparent their children and discusses why it’s okay to break the parenting ‘norms’.

She has been described as the visionary inventor of “space opera” and he as a genius supervillain. We don’t quite understand them or the nature of their relationship and despite reports they are no longer together, Grimes herself has described their relationship status in the past as “very fluid”. Our curiosity for the pair only grew when their first child together, X Æ A-Xii, was born in May 2020. The pair have since welcomed their second child, Exa Dark Sideræl Musk, born in January 2022.

A quick google of “Grimes and Elon Musk” shows the top results that follow are “baby name”, “baby”, “kids”. The otherworldly names of their children and the manner of their parenting is striking. Their children are being raised differently and the world wants to know more.

“Maybe he can sense my distaste for the word ‘mother’… I can’t identify with it”

Grimes has spoken openly about motherhood and parenting, including her decision to live apart from Elon Musk despite being romantically attached and raising two children together. Although their non-conventional parenting style does not come as surprising, one of the most shocking revelations came when Grimes revealed to Vogue that her son calls her by her real name, Claire.

She went on to explain that whilst she respects the title “mum”, it is not a term she identifies with, and she believes her son can sense her distaste for it.

“I love playing devil’s advocate, questioning my beliefs, making hard pivots”

By her own above admission, Grimes thrives off being an unconventional boundary pusher. However, when it comes to parenting and children, quirky attitudes and behaviours scare people. We may regard the age we live in as progressive, but society’s view of parenting remains incredibly conservative.

Grimes is right to challenge this.

The world thinks she and Elon Musk are weird because their style and approach to co-parenting does not fit society’s definition of “normal”.

There is no “normal” when it comes to parenting, nor is there a “perfect” way to raise your child. Children need love, protection and nurturing and a happy child will be raised in a household that keeps them safe and emotionally secure.

First time parents in particular often feel an overwhelming pressure to do things “right”. You are doing it “right” as long as you are meeting your child’s needs and acting in their best interests. The road you take to achieve that is up to you entirely.

Breaking the mould

Being a parent is not about trying to make the rest of the world happy or doing what other people tell you is correct. Being a parent is about doing right by your child and nobody else but you knows how best to do this. If you try and fit another person’s parenting mould it will feel uncomfortable, and your child will sense it. You do not want to end up a square peg in a round hole.

Do not be afraid to choose your own parenting path. Even if you are in a committed relationship with your co-parent, it may be that the “apartners” approach (committed romantically but living apart) as favoured by Grimes, is right for you and your children. It may not be a conventional but if you and your children are happy, nothing else matters.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

How to cope with long-distance parenting

Posted on 2nd February 2023 by McAlister Family Law

How to cope with long-distance parenting

In an increasingly mobile world following the Covid-19 pandemic, where more of us than ever are moving out of cities as we work from home or in a hybrid fashion, how does this impact parents who live a significant distance away from the other parent? Here, Michael Compston looks at how long-distance parenting can work though direct and indirect contact, and how the school holidays can be your friend.

During the Covid-19 pandemic, nearly half[1] of all adults were working from home at least some of the time, and 8 out of 10 adults indicate that they want to work from home in a hybrid manner moving forward.

This has led to an exodus of city dwellers as families look for more space and greener living, now that they are not as constrained by the 9-5 office job that they once were.

This will likely lead to an increase in children being relocated and, ultimately, more instances where there is a significant distance between both parents. Children can only attend one school, so how can parents agree arrangements that work for the child/ren?

The reality is that, whilst both parents will have involvement in the child’s life, the child will have one ‘home’ such that the child lives with one parent and spends time with another.

Perhaps even more so than under other circumstances, communication between the parents is vital. The parent with whom the child lives must ensure that the child’s relationship with the other parent is protected and given the chance to develop even with the distances between the parents. There are several ways that this can be done:

Direct contact

Whatever the distance, we will all travel for our children. If you find yourself in a situation where you’re the parent that lives a significant distance away from your child, any time you get with your child will be precious. It will not be suitable, for example, to return the child to school on Monday given the distances involved. Instead, think about maximising your time with the child; if you can work flexibly on a Friday to arrive at school for collection, that means nearly a full weekend can be enjoyed by all.

Whilst the child lives in only one home, it is important that they understand their other parent has a home of their own. Contact should be encouraged to take place at the address of the parent with whom the child does not live, where possible.

This might not be possible during term-time if the parties live a very long way from each other, such that the journey time is greater than 6 hours.

Indirect contact

Modern technology allows us to keep up to date like our parents could not have dreamed of 30 years ago. Instant communication is possible through FaceTime and WhatsApp video calls, which is crucial to maintaining relationships over long distances.

These calls should be private; if you are the parent with whom the child lives, it is important to respect the relationship between the child and the other parent and to not intrude unnecessarily unless you have concerns about the content of the calls.

Regular video calls can be a useful tool in maintaining relationships over long distances.

School Holidays

The school holidays afford a prime opportunity for the parent with whom the child does not live to have some real, quality time with that parent. The holidays can be shared equally or perhaps even in favour of the non-resident parent to account for the disparity in contact during term-time.

Religious festivals can also be shared. Schools close for two weeks at Christmas and Easter generally, and also have provisions in place for other religious festivals such as Eid and Yom Kippur.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

[1] https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/articles/ishybridworkingheretostay/2022-05-23

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

Posted on 31st January 2023 by McAlister Family Law

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

It is a shocking and deeply sad fact that thousands of children ranging from new-borns to teenagers are targeted and subjected to horrific sexual abuse every day in this country. Here, Solicitor Nikki Bradley looks at the dangers children are being exposed to online and how the Online Safety Bill may make a difference.

Online forums and social media platforms are saturated with child sexual predators. Many of these people “catfish” their victims by hiding behind pseudonyms and falsifying information about their lives including their ages, backgrounds, appearance and gender. This is all done in the hope of maximising their chances of abusing vulnerable children which, as a result of the pandemic and increased popularity of remote platforms and social media technology, has caused online child sex abuse to skyrocket.

The Internet Watch Foundation (IWF) are a charity whose sole aim is to eliminate online sex abuse of children by finding and removing all traces of this material. On 27^th January 2023, IWF published stark and harrowing findings. Their research shows that since 2019 the number of sex abuse images of children aged 7-10 distributed online has increased by 1,058%.

Do we really know what dangers children are being exposed to online?

Our reliance on the digital world seems to have become normal post pandemic. Many primary school children now have iPads, smart phones, social media accounts but no matter how well we think we are policing it, the IWF statistics speak for themselves.

Online child abuse is not just still happening, it is thriving. Online predators are merciless and are taking full advantage of the fact that children are now regularly using digital platforms to assist their development socially and educationally. In 2022 the IWF found 63,050 reports of children aged 7-10 being tricked and coerced into performing sexual acts on camera, 14% of which were classed as Category A material – the very worst category of abuse.

Will the Online Safety Bill make a difference?

The purpose of the Online Safety Bill is to protect children (and adults) from online abuse by making social media companies legally responsible for their safety and increasing accountability for their online content and procedures. It proposes to do this by means such as enforcing age limits, rapidly removing and preventing illegal content for appearing, providing children with clear ways to report online problems and ensuring online risks on the biggest social media platforms are more transparent.

Progress of the Bill through Parliament has recently stalled following a rebellion of more than 50 MPs seeking an amendment introducing a two-year criminal sentence for tech bosses that fail to protect children viewing inappropriate online content. The Culture Secretary has described the criminal liability factor as giving the Bill “additional teeth”. It has since had the final approval of MPs and will now progress through the House of Lords before becoming law.

Final thoughts

It is hoped that this Bill will make a real difference to child online safety. The world appears to be live to the risks children face online and the UK is taking action to protect young people. However, the dangers of the internet extend far beyond TikTok and Instagram which comprise merely the surface of the digital world as we know it.

Whilst the Bill certainly appears a strong move in the right direction to keeping children safe from harm, it will not affect the vast expanse of the dark web which will continue to shield and anonymise thousands of online predators whilst also distributing their harmful content. Much more thought needs to be given as to how we can tackle the abuse of children in the “hidden” internet and how we can better police under the surface child sex abuse activity.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Maya Jama receives legal letter demanding £800,000 ring back

Posted on 26th January 2023 by McAlister Family Law

Maya Jama receives legal letter demanding £800,000 ring back

Maya Jama receives legal letter demanding the return of £800,000 engagement ring to ex-fiancé Ben Simmons. Here, Lisa Brown looks at what happens to the ring if an engagement is called off.

The new Love Island host and basketball player ended their relationship last summer after Ben’s proposal to Maya over the Christmas period. This week, Maya reportedly received a letter demanding the return of Ben’s engagement ring, but if one half of an engaged couple calls off the wedding, what happens to the engagement ring?

Not every engagement leads to a wedding, and even for those who do get married, there may be a divorce down the line. As divorce lawyers, it’s not unusual for the soon-to-be-ex-couple to argue about who keeps the engagement ring, particularly if the ring was expensive.

One half of the couple will put forward the argument that they bought it, so they own it. The other half of the couple, naturally, will advance the argument that the ring was given to them as a gift, so they can claim rightful ownership.

What does the law say about engagement rings?

The Law Reform (Miscellaneous Provisions) Act 1970 states:

“The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.”

This means that unless there was an agreement to return the engagement ring if the wedding was cancelled, then the recipient is under no obligation to return the ring.

What if the engagement ring is a family heirloom?

If the engagement ring is a family heirloom, perhaps passed down through the family for many generations – and the recipient was made aware of this at the time – then it may be easier to succeed in an argument that the ring should be returned if the wedding is called off. However, no matter how sentimental the ring may be, if there has been no agreement made that the ring must be returned to the proposer, the Act still stands.

How do you ensure that you keep the ring if things don’t work out?

Many couples now enter into a prenuptial or postnuptial agreement. If the parties feel really strongly about it, provision for the fate of the engagement ring can be included in the agreement as a specific term should the couple divorce. Otherwise, the same general rule applies: the engagement ring is an absolute gift (and therefore not returnable) unless there was a condition made about the ring being returned when it was given.

So, if you are planning to ask your loved one to marry you this Valentine’s Day, maybe consider the future of the ring. We know that thoughts of break-ups and divorces should be the last thing on your mind, but if the ring has a lot of sentimental value, it might be worth protecting it in some way.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.