Transparency in the Family Courts – the Dawn of a ‘New Norm’

Posted on 1st June 2023 by McAlister Family Law

Transparency in the Family Courts – the Dawn of a ‘New Norm’

Should the media report on the Family Courts? Here, Ruth Hetherington looks at the role of transparency in the family courts and how transparency orders will protect those families already under a lot of stress.

For many years now, on the whole, the Family Courts sit in private, which means no one else is allowed into the Court hearing except those people involved. Some would say that there is a shroud of secrecy in the Family Courts and decisions are being made behind closed doors. There has been a genuine reason for this … there is a need to protect the privacy of the people involved, particularly children balanced with having the public’s perception, trust and confidence about the way in which the family courts operate.

At present S.12 of the Administration of Justice Act 1960 prevents reporting of most family law cases in the absence of the Judges consent. This legislation was intended to ‘protect and support the administration of justice’.

S.97 Children Act 1989 protects the identity of children. It is a criminal offence if breached.

As it can be seen, currently there is little scope for reporting on any family case.

It would be fair to say that most family cases have been held in private, but the public only get to hear about ‘big money’ cases and predominantly the lives of celebrities when they hit the headlines.

The appetite however for the family courts to be more accessible has been a matter of discussion and debate for many years. The President of the Family Law Division, Sir Andrew McFarlane intends to change all of that.

Sir Andrew McFarlane published a report in October 2021 entitled ‘Confidence and Confidentiality: Transparency in the Family Courts’.

The emphasis now is very much that the veil of secrecy and mystery associated with the family courts needs to be lifted, mainly to provide the public with confidence that the family courts are safeguarding children and their families.

Sir Andrew McFarlane says ‘the time has come for accredited media representatives to be able to not only attend hearings but to report publicly on what they see and hear. Any reporting must however be subject to very clear rules to maintain anonymity of children and families and to keep confidential intimate details of their private lives.

Pilots are now running in Cardiff, Leeds and Carlisle, and they will continue throughout 2023 with data being collated. In essence accredited media representatives and legal bloggers are permitted to attend court hearings, have access to documents and report on the outcome, subject to the terms of a Transparency Order.

Transparency orders will set out what can and cannot be reported on. Reporters must and will be bound by that order. The Transparency Order can be varied or removed at any point, by the Court.

The case needs to be conducted in an orderly way and not be prejudiced or compromised. However, how this operates in practice forms part of the Pilot now running.

The pilot will start with public law cases (care proceedings) then private law children proceedings.

The jury is still out, as many family practitioners, are apprehensive of the changes as all families going through the family court are already experiencing stress and anxiety without having to deal with an added layer that their case could be reported on. It may prevent or deter many vulnerable people in seeking access to justice at a time in their lives where help and support is needed.

The message is clear, confidence and confidentiality can be achieved and that there needs to be a major shift in culture.

Legal bloggers

Interesting concept and development within the Pilot in that anyone can ‘blog’ on the law, but can they just attend a hearing? The answer is no. To be able to attend court hearings you must be a ‘duly authorised lawyer’. Blogging can only be for journalistic research or public, legal educational purposes. So…in the busy lives of family practitioners do they have time to attend other court hearings that they are not involved in, would they want to, could this be part of training for young lawyers entering the early part of their career. It remans to be some as to whether there is the ‘up take’ on legal bloggers.

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.

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

Noel Gallagher and Sara MacDonald to divorce after 22 years – Does the length of marriage matter?

Posted on 16th January 2023 by McAlister Family Law

Noel Gallagher and Sara MacDonald to divorce after 22 years – Does the length of marriage matter?

Noel Gallagher, Manchester born former Oasis member, and his wife, Sara MacDonald have announced that they are to divorce following a marriage of 22 years. Here Weronika Husejko looks at how the length of a marriage can impact divorce proceedings.

The former couple married in 2011, having begun their relationship in 2001. They have two children together, Donovan, aged 15 and Sonny aged 12, both of whom are still dependent.

It is a commonly queried whether the length of a marriage has any relevance within a divorce financial settlement. The short answer to this question would be yes.

When a Judge considers a financial settlement, they must consider section 25 of the Matrimonial Causes Act 1973. Section 25, amongst other things, specifies that a Judge must in particular have regard to the duration of the couples’ marriage.

What does this mean in practice?

Generally speaking, a marriage usually falls into one of three brackets, that being either a short term, medium term or long term marriage.

A short term marriage would usually be considered to be one of up to 5 years. It should be noted however that a couple cannot divorce until they have been married for a minimum of 1 year. It is more likely that the financial settlement in a short term marriage will take into consideration pre acquired assets. A “clean break” may be considered to be more appropriate in these circumstances. However, this may not always be the case, especially if there are dependent children involved, in which case the focus would be on ensuring that the children’s needs are met.

A medium term marriage would generally be viewed as around 10 years.

Noel and Sara’s marriage would most likely be considered to be a long marriage on the basis that they began living together around 2001, their marriage being a total of 22 years. This is because a period of cohabitation that moves seamlessly into marriage will also be taken into account by the Courts, when considering the length of the marriage.

A longer marriage of this nature can often be more complex when it comes to the financial settlement. The Courts may take a different approach when dividing matrimonial assets in this type of case, compared to that of a short or medium term marriage. By way of example, it is far less likely for the Court to consider Noel and Sara’s respective contributions to the marriage. As a result, it may be that there will be an equal division of assets, unless it is necessary to move away from a 50-50 split to meet the need of one of the spouses.

It may be that Noel and Sara have a pre nuptial agreement, in which case this may be taken into consideration by the Courts, and therefore may have an impact upon the overall financial settlement.

In any event, the Court’s primary interest in their case will be in ensuring that the needs of both Donovan and Sonny are met.

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

What will I stand to get out of the matrimonial assets?

Posted on 15th December 2022 by McAlister Family Law

What will I stand to get out of the matrimonial assets?

With the United Kingdom on the cusp of a cost-of-living crisis and inflation at record highs, divorcing couples will likely face concerns now more than ever as to how finances are to be treated upon divorce. The biggest question on the minds of divorcing couples is often, ‘what will I stand to get out of the matrimonial assets?’ Here, Aaron Williams looks at what the court considers when looking at how to divide assets on divorce and how they aim to meet the ‘needs’ of each party involved.

So, what does the Court consider when looking at how to divide assets on divorce?

As with many things, there is no one size fits all answer to separating matrimonial assets. The principal aim of the court is to ensure that there is ‘fairness’. Unfortunately, fairness has a broad horizon in the context of family law, and it is largely left to the discretion of the judge as to the outcome of the matter.

The court has a duty to consider all circumstances of a case, this is done so using the principal piece of legislation in divorce; that of the Matrimonial Causes Act 1973, in particular the factors listed in section 25(2)(a) – (h) which can be found here: – https://www.legislation.gov.uk/ukpga/1973/18/section/25

The phrase ‘needs trumps all’ is often cited when assets are limited assets in matrimonial finance cases. The starting point in any matrimonial finance case is to consider an equal division of what has been built up by the parties during the marriage; however, an equal division of assets is not always appropriate in every case to achieve fairness.

So where does that leave separating couples? Well matters largely come down to the circumstances of the parties, the standard of living and the resources available to meet needs. What was enough to meet the needs of one household may not necessarily be enough to meet two.

When settling the matrimonial assets, there is no discrimination between separating couples regarding their respective roles in the relationship. For example, where one party has typically taken the breadwinner role, whilst the other party is the home maker, their roles are to be regarded as equal irrespective of what they have contributed financially.

So, how does the court implement section 25 of the matrimonial causes act?

When assessing how to separate who should have what proportion of the assets of the marriage, the first consideration of the court is that of the needs of any children.

The court then look to meeting the needs of both parties, principally looking to ensure that each person’s housing needs, and income needs are met.

Looking at the matter holistically the court will principally consider the financial needs, obligations, and responsibilities which each of the parties to the marriage have or is likely to have in the foreseeable future (s.25(2)(b) MCA 1973). The court will look at the general resources of the parties and will broadly separate the needs of parties into capital needs and income needs. Capital needs, is often that of significant single capital outlays, purchasing a property, furnishings, replacement car etc. Income needs is that of the day-to-day costs that parties require on a monthly basis to live.

When trying to determine whether the parties have the means to meet these needs, the court will consider Income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future. Commonly referred to as the financial disclosure process, the parties are expected to provide ‘full and frank’ financial disclosure. This includes determining through the assistance of expert evidence or agreeing by consent, the value of any assets owned by the parties, including property, businesses, trust assets, chattels, and pensions. The court will also need to ascertain the parties’ respective incomes, whether they have to capacity to increase their income, receive a bonus etc. The process ultimately aims to ensure that no stone is left unturned.

With all this in consideration the court has a great deal of flexibility to in their approach to financial settlement, which in turn allows the court to ensure (as far as possible) that an outcome reached is fair to both parties, and that neither party nor dependent children are left in need. However, this level of flexibility also carries its own disadvantages as it can be difficult for parties to envisage how a judge may determine the respective parties’ needs.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

Vulnerable children Vs The cost of living crisis

Posted on 8th December 20228th December 2022 by McAlister Family Law

Vulnerable children Vs The cost of living crisis

The UK is currently set to suffer from yet another national crisis. With the soaring rates of inflation set to reach an all-time new height, the devastating effects are being felt by many families, especially those in the most vulnerable situation. Here, Rubecca Rahman looks at the effect the cost of living crisis may have on children in the most vulnerable households.

Basic needs such as heating, food and clothing are all factors which will be affected once the crisis hits. Many families are facing the devasting reality of living within the crisis and for many vulnerable families the reality is real. The cost-of-living crisis is not just an economic challenge. It also has knock-on effect on a person’s mental health and social wellbeing – particularly for the many young people that face the prospect of a cold, hungry and uncertain winter.

Many independent organisations have warned of the consequences the cost-of-living crisis will have on a child’s health, education, and wellbeing. According to statistics, 1 in 3 children already live within poverty. These numbers are set to rise even further due to the recent inflation rates. The causes of the rise in inflation are complex. Years of austerity combined with dormant wages and cuts to benefits has left many exposed to financial risk. Then came the global Covid-19 pandemic which rocked families even further and pushed many families below the line of poverty.

The effect and impact of poverty is well known. However, a less well-known fact is the growing evidence that poverty is a major factor in child abuse and neglect – one the leading reasons for children entering the care system. Whether it’s the failure or inability of a parent to care for and provide the basic needs for the child or a parents’ helplessness to escape an abusive partner because of financial hardships, there are more and more children facing the risk of entering care. As a result, children are not able to reach their full potential. Their chance of a safe and happy childhood is immediately taken away.

Throughout the years, child poverty has risen significantly and the rise in the number of children entering care has coincided with rising child poverty cases. The most recent figures available show 4.3 million children living in poverty. Furthermore, in England, children in the most deprived 10% of neighbourhoods are over ten times more likely to be in care or under some type of a protection plan. Further research also suggests children living in low-income households are three times more likely to suffer from some form of mental health problems than their more affluent peers. Additionally, children born into poverty are more likely to experience a wide range of health problems, including poor nutrition and chronic disease. Poverty also places an additional strain on families and relationships leading to further struggles.

Unfortunately, it is unlikely these figures will fall anytime soon, as the full impact of the pandemic and the cost-of-living becomes apparent, the situation is likely to worsen. The cost-of-living is expected to accelerate pre-existing trends of greater poverty and inequality within the UK. A child centred approach is therefore fundamental in safeguarding and promoting the welfare of every child. This approach focuses on the child’s needs when making decisions about their lives and working in partnership with them and their families to come to an agreement.

What does this look like in reality? Children must be put at the forefront of any discussion between parents and/or legal parties to ensure that they are warm, well fed and most importantly safe. Reach out to family members or obtain professional help and assistance to care for the child. Ultimately it is important to safeguard their interest and needs.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

Media and the family court – Do the public need to know what’s happening?

Posted on 5th December 2022 by McAlister Family Law

Media and the family court – Do the public need to know what’s happening?

For the first time, under a twelve-month pilot scheme running from January 2023 – January 2024, journalists may be able to report on what happens in family courts in 3 selected areas of the UK Cardiff, Leeds and Carlisle. In his latest blog post, Jack Tonge looks at the law now and what the pilot scheme may offer.

Current UK law forbids anything that happens in a family court from being reported unless a judge explicitly makes an order allowing it.

The rationale for keeping family court hearings behind closed doors is so that children’s rights to privacy are protected.

Under the pilot scheme journalists may report on what they witness within the family court arena, subject to ‘the principles of protection of the anonymity of any children involved unless the Judge orders otherwise’. Families can also be interviewed in respect of their cases so long as their anonymity is protected.

Under the pilot scheme journalists may be able to name local authorities, the lawyers involved, as well as experts appointed by the Court. However, unless ordered by the court, individual social workers will remain anonymous as with the identities of medical professionals treating children or any family member within the case.

It is important to note that the Articles of the ECHR still play an important part in governing the Court’s discretion. The Court is still under a duty to ensure the rights of the family and parties remain intact such has having a right to a fair trial (Article 6), whilst balancing the rights to a private and family life (Article 8) and the rights of the press, public and parties (Article 10). Therefore, the Court may depart from the transparency principle should the case deem it necessary.

Whilst it remains to be seen whether the pilot will bring an end to the often criticised ‘secrecy’ of the family court arena; it is clear that the Transparency Reporting Pilot is the start of implementing changes to impact the same.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

How the Metaverse may change the way separated parents spend time with their children.

Posted on 24th November 202225th November 2022 by McAlister Family Law

How the Metaverse may change the way separated parents spend time with their children.

We have all had to adjust to a very different way of life since the pandemic hit and the world has learnt to embrace a more “remote” approach to our day-to-day existence. Here, Nicola Bradley looks at the role the metaverse could play in the time parents can spend with their children.

Whilst most of our daily lives are now continuing as they were pre-pandemic; our tech giants have not lost their enthusiasm for expanding our virtual world. Earlier this year, Mark Zuckerburg announced the creation of a new remote platform that he promises will be revolutionary and life changing for us all. That platform is the Metaverse. Whilst video calls over skype, WhatsApp and Zoom are a widely and commonly used way of separated parents connecting with their children, the Metaverse promises to take this one-dimensional way of interacting and turn it on its head. It sounds fascinating but the question is, will the Metaverse actually change the way parents approach arrangements for spending time with their children, and can this new platform ever be a real (or even preferred) alternative to face to face time in “the real world”.

The Metaverse may sound mysterious but in reality, it is simply the internet but in 3D. It is a virtual reality world parallel to the physical one we all live in and will become home to digital avatars of yourself, your family, work colleagues and friends. For a parent that lives in a different country to the children and perhaps only see their children face to face a handful of times each year, this could be a really wonderful way of connecting with their little ones. Mark Zuckerberg’s “Quest Pro” virtual reality headset merges digital content with your real life surroundings, which could truly transform parenting from a distance and raise the quality of indirect contact in a way we have not imagined to be possible until now.

The Metaverse is not yet up and running however and still in the embryonic stages of existence with some worrying issues that would need to be ironed out before it could ever be considered and safe and secure platform of communication between parents and children. Meta (formerly Facebook) currently has one virtual reality world known as Horizon, and Horizon has already come under criticism for reports of avatars behaving violently. The internet is a difficult place to manage for children at the best of times and this new platform of communication certainly raises key issues regarding the safety of children online and how parents will be able to manage that.

Modern families do need modern ways of spending time with each other, but the fast development of communication technology can be both a blessing and a curse. Should the vision for the Metaverse be realised, virtual reality is likely to become a heavy feature in our everyday lives and it will doubtless be used by parents as a means to play, engage and spend time with their children. It could be no replacement, however, for going on real life adventures and a cuddle at night time when putting your children to bed. The development of the Metaverse will certainly be interesting to watch, but its replacement for face-to-face relationships remains unconvincing.

Changing your children’s last name after divorce

Posted on 8th November 202223rd January 2024 by McAlister Family Law

Changing your children’s last name after divorce

Continuing our series of blogs covering the Brad Pitt and Angelina Jolie relationship difficulties currently making headlines around the world, it is reported that the couple’s son Maddox doesn’t use Pitt as his last name on documents that aren’t legal, using Jolie instead – and wants to make this name change legal. Solicitor George Wilson looks at the options available in this country, and considers the wider implications of such a decision.

It is a matter of record that Maddox Jolie-Pitt has a troubled relationship with his father, especially after an altercation during a private jet flight to Los Angeles, five years ago. Although Maddox wants to drop his father’s name and go from Jolie-Pitt to Jolie, it’s reported that his mother doesn’t support this. What would be the situation here?

Changing your name by deed poll

Under English law, if you are over the age of 16 you can change your name by deed poll, and you do not usually need your parents’ consent to do this. Your parents also cannot change your name for you without your consent.

However, there are some exceptions to the above. If you are subject to

* A ‘Live with order’ whether that is a Child Arrangements Order or Residence Order in England, Wales, or Northern Island

* A Special Guardianship Order in England and Wales

* A Care Order (or interim Care Order) in England, Wales, or Northern Island

* Any other court order which says that your name cannot be changed

If one of the four instances outlined above applies to you, then you’ll need the consent from everyone who has Parental Responsibility for you, for as long as the court order remains in force. The order might be drafted so that it ends on a specific date. If not, then it’s safe to assume that it will come to an end on your 18^th birthday.

If one of the four orders outlined above applies to you, and someone with parental responsibility refuses to give their consent, then you would need to apply for an Order of the Court allowing the change.

What about changing a child’s name?

Anyone under the age of 16 is, in law, a “child”, which means whoever has parental responsibility for the child would have to change the name by deed poll on the child’s behalf. To change the name of a child resident in England, Wales, or Northern Ireland, or overseas, there must be consent from everyone with parental responsibility, and that consent must be in writing.

What happens if the other parent refuses consent?

If only one person with parental responsibility wants to change the child’s name, and everyone else who has parental responsibility for the child won’t consent, then the person who does want to change the name can apply to the Court for a Specific Issue Order.

Usually, unless the Court believes that the link to a family name is better broken, they will be reluctant to take away the name of one of the parents. Courts tend to regard a child’s surname as something fundamental, and an important part of their identity. Even if one parent has had no contact for many years, it’s still seen as important for a child to have the absent parent’s surname, because it may be the last remaining link to them.

That being said, there are very often more important things to consider than the continuation of the link of identity between a child and a parent.

It is worth noting that the closer the child is to the age of 16, the more weight the court will likely give that child’s wishes and feelings.

What if no one gives consent to change your name?

If you are under 16 years of age, want to change your name, but none of the people with parental responsibility for you will consent to it, then you can apply to the court yourself, again for a Specific Issue Order.

You will need to show the Court that you have tried to work out any differences between you and those with parental responsibility before you made the application. You’ll also need to get the Court’s permission to make the application as you’re a child. This is called “Leave of the Court”, and you have to apply for permission first, before the Court would hear your application. The older you are, the more likely the Court are to give their permission to make the application for a Specific Issue Order and you’ll have to prove that you have a sufficient understanding of what you are applying for.

Think carefully before making any decision

Maddox Jolie-Pitt wants to change his surname, but his mother disagrees with this. If he goes ahead however, it’s likely Maddox’s brothers and sisters will have a different surname and they may be unhappy with this. There are wider implications which need to be considered thoroughly. A divorce and various disputes that are still going on many years later is without question going to put a strain on any family. This is why all factors need to be considered carefully and we at McAlister Family Law are here to help should any of these issues affect you and your family.

If you are affected by any of the issues raised here, please get in touch today.