How to use technology to reduce child custody complications

When parents go through a divorce, one of their primary concerns is how they can protect the interests of their children. Divorce is an emotionally challenging process for every member of the family, especially for young kids who do not fully understand what is happening. It is important to provide stability and continuity of lifestyle as much as possible.

A strong custody order and reasonable parenting plan is a crucial step in your efforts to protect your kids as much as possible. However, it is also smart to find ways to co-parent peacefully in order to reduce the chance of post-divorce complications as much as possible. There are specific tools that can help you in your effort to make post-divorce parenting as easy as possible.

Is an app the right solution?

Simply because a divorce is over does not mean that remaining difficult feelings between parents will magically go away. Co-parenting is not easy, and it can take a while to adjust to the emotional implications of your children not being with you all the time, as well as the logistics of keeping up with various schedules. There are specific apps that can allow you to easily and more effectively manage custody schedules, including the following:

  • Google Calendar
  • Cozi
  • coParenter
  • CutsodyJunction

These calendars can allow multiple users, such as you and your ex-spouse, to clearly view the same calendar. You can schedule drop-off and pick-up times, meetings, changes in schedule, school events, sporting events and more. This can reduce complications and confusion, which in turn, often leads to less conflict.

When parents are in communication and there is a good system in place, it can make post-divorce life much easier for the kids. There is evidence that allowing the kids to have strong relationships with both parents after divorce is best, and using some of these technological tools can help you do that.

Starting with a good custody plan

If you want to make your post-divorce life easier and more stable for your children, it is important to pursue custody and visitation terms that make practical sense. Smart, thorough plans are better for everyone, but you may have to set aside your personal feelings in order to compromise and keep the needs of the children first.

Due to the sensitive nature of any child custody issue, you will find it beneficial to speak with an experienced family law attorney regarding your parental rights. He or she can help you understand how you can seek a custody plan that will work for your family for years to come.


Go to Source
Author: On behalf of Katie L. Lewis of Katie L. Lewis, P.C. Family Law

Stowe guests: Three tips to help children through divorce

In this instalment of Stowe guests, we catch-up back again with Claire Black from Claire Black Divorce Coaching.

Today, she joins us with three tips on how to support your children through divorce (they also work well for adults). Over to Claire to explain more…

I see a lot of clients who are worried about the impact their divorce may have on their children, and they ask how they can best support their children through the process.  Many of the techniques I use with my clients are simple and work brilliantly with children, with very positive results.

Here are three of my favourites:

Help them to find the upside

I worked with a mum recently whose daughter was finding it very difficult to adjust to life after her parents’ relationship broke down.  My client felt that she wasn’t best equipped to help her daughter handle her emotions at a time when she too felt bereft and low.

We worked together to find the upside, and to reframe how my client could look at her situation so that she could see a different perspective.

“Flip it to find the positive, and concentrate on that” – Sara Davison, the Divorce Coach

You can help your children to do this too.  Try asking your child:

  • If there was one tiny upside to this, what would it be?
  • If you could see a silver lining, what would it be?
  • If there was just one good thing about this, what would it be?
  • What are you glad about today?

These are fabulous questions that can help your child to see a positive even if it is only small right now.  I used to look for the upside all the time during my own divorce, and it really helped to be able to see glimmers of light.  When you practice asking these questions, it becomes a habit and gives you a whole new way of approaching any challenge.

My client’s daughter responded that she enjoyed going swimming with Daddy on her own last week and that they’d had fun in the park on Saturday.  She was also enjoying the opportunity to do more craft activities with her Mum when they had time together.

Your child might resist and say there is nothing good about this at all, but persevere, “I know it might not be obvious, but if there was one good thing about this, what would it be?”.  You could give them your examples of the tiny good things:  it could be that you can now cook with ginger whenever you fancy, or that you don’t need to watch EastEnders any more. And show them that you can find the upside yourself.  Watch them follow your lead.

Show them how changing how they stand can change how they feel

“The way you move determines the way you feel” – Tony Robbins

Sometimes all that is needed to kickstart a change in mood is to change your physiology.

Have you ever felt low and fed up, but then done something silly or fun, or jumped up and down or struck a power pose – and immediately felt better?  It may not seem like the obvious thing to do, and you might resist doing it at first, but I promise it will make a difference.

I have been known to get clients to jump up and down 5 times, or strike a Superman pose in the middle of a session.  Or I get them to stand with their arms outstretched and put a massive grin on their face.

If you haven’t tried this for yourself, do it now!  See what happens.  Try it with your children.  If nothing else, you will have a laugh together – which will send endorphins, the feel-good hormones, flowing around your body.

Show them how to be in ‘control of the clicker’

“Whenever I’d complain or was upset about something in my own life, my mother had the same advice – darling, just change the channel. You are in control of the clicker. Don’t replay the bad, scary movie” – Arianna Huffington

Wise words!

Your brain will try to answer the questions you ask it.  When you ask questions like “why is this happening to me?”, “what did I do to deserve this?”, “will this never end?”, the answers can cause your mood to spiral downwards very quickly.  If it can spiral down that quickly, then asking better questions can reverse that downwards movement.

I spend time with clients creating lists of better questions to ask themselves, such as:

  • What would my best friend advise me right now?
  • What would help me to feel better today?
  • What am I grateful for today?
  • What choices do I have right now?
  • What have I done that I am proud of?

Often clients write their questions onto post-it notes and stick them up around their house, to remind them to ask those better questions.  These questions work equally well with children, and they encourage them to model the resilience that you are showing yourself.

Children learn by experience and by modelling the behaviours they see in those around them.  When children see and model a parent who is calm and collected, who responds with dignity in a crisis, and who has strategies to handle stress and challenge, they too grow in resilience and confidence. By passing on techniques and tips to your children, you empower them to process what is happening and move forward themselves.

The post Stowe guests: Three tips to help children through divorce appeared first on Stowe Family Law.


Go to Source
Author: Stowe Family Law

A week in family law: Reviewing child protection, child abduction and a new Cafcass Chief Executive

My top three stories from the last week in family law.

Perhaps the biggest story of the week came from the Ministry of Justice (‘MoJ’), which announced in a press release that a panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences. We were told that: “The three-month project aims to ensure that the family court works first and foremost in the explicit interests of the child, such as their safety, health and well-being.” Now, I know that things can always be improved, but I think the MoJ could have chosen their words better here, as the welfare of the child is already of course paramount. The release goes on to tell us that:  “The MoJ-chaired panel will consist of a range of experts including senior members of the judiciary, leading academics and charities. A public call for evidence will also be launched imminently and will look to those with direct involvement to share their experiences.” The move follows responses received through the government’s domestic abuse consultation, in which concerns were raised about the family courts’ response to potential harm to children and victims. In addition to calls for better protections for children, some claim that domestic abusers are using the court system to re-traumatise their victims. Justice Minister Paul Maynard commented: “Some of the most vulnerable in our society come before the family courts, and I am absolutely determined that we offer them every protection. This review will help us better understand victims’ experiences of the system, and make sure the family court is never used to coerce or re-traumatise those who have been abused. Its findings will be used to inform next steps so we can build on the raft of measures we have already introduced to protect victims of domestic abuse.” Hmm.

As I reported here, Mr Justice MacDonald has ruled that a mother’s actions in bringing her three year old daughter Ruby to England from Australia without the father’s consent “represented a blatant and premeditated act of child abduction.” The mother brought Ruby to this country in September last year. She then purchased a camper van and proceeded to tour the country with Ruby, eventually ending up in the Outer Hebrides, where she lived for two months during October and November 2018. The father applied to the court for an order that Ruby be returned to Australia. However, Ruby’s whereabouts were not known, so the court made an order permitting details of the case to be reported in the media, in an effort to locate her. Ruby was subsequently found, following extensive media coverage. Hearing the case in the High Court Mr Justice MacDonald said that he was satisfied that the mother sought to go to ground in the Outer Hebrides in an effort to avoid detection. He held that the mother had no defence to the father’s application, and therefore ordered that Ruby be returned to Australia. As I said in my post, hopefully, this case will act as a warning against parents seeking to avoid the law in the way that the mother did here.

And finally, Cafcass has announced that Jacky Tiotto will be replacing Anthony Douglas as its Chief Executive, when Mr Douglas retires in the autumn. Ms Tiotto is currently Director of Children’s Services at the London Borough of Bexley. Commenting on her new role, she said: “Being offered the opportunity to lead Cafcass as their new Chief Executive is a complete privilege. I will take great care to do it well so that the lives and futures of children, young people, families and carers continue to be the greatest priority for all of us working to support them. The protection of children, the needs and experiences of families and the responsibilities of the State in this regard are issues of huge importance to our society and for me personally. Cafcass negotiates these issues on behalf of children within the family courts on a daily basis. The demand and complexity of the work cannot be underestimated and I am delighted to be able to lead the organisation and to learn from its work as we continue to give a loud and authentic voice to the children who need and deserve our help.” I wish her well.

Have a good weekend and Spring bank holiday.

The post A week in family law: Reviewing child protection, child abduction and a new Cafcass Chief Executive appeared first on Stowe Family Law.


Go to Source
Author: John Bolch

___-of-the-Month Clubs

An open cardboard box

Old marketing gimmicks never die

Hark back with me to the Dark Years (or the Good Old Days, depending on your point of view)—the time before any object a person desired could be delivered to one’s door within days (if not hours), with no more effort than a few taps on a smartphone screen. I’m old enough to remember a time before Amazon.com—indeed, before the internet itself—when discovering, locating, and procuring a variety of any particular type of merchandise actually presented a challenge. Way back in the days when we had to wait for checks to clear and then allow 6–8 weeks for delivery, the notion that a previously unknown specimen of one of our favorite things would arrive automagically on our doorstep once a month was quite compelling.

I had experienced, and then long forgotten about, thing-of-the-month clubs when, in the early 2000s, my Christmas gift from my mother was a subscription to the Fruit of the Month Club. Once each month, Airborne Express arrived at our door with a box of fresh fruit. The selection changed each month. In December, for example, it was Mandarin oranges; in April it was kiwi and pineapple. The fruit was always of good quality, and the shipments were just infrequent enough that I was always slightly surprised when each package arrived. Although the shipments were fairly small, they were always a welcome treat that didn’t require a trip to the market—and the subscription was something I never would have thought to purchase for myself.

They Deliver for Me

Before my fruit started arriving, I had heard of the Book-of-the-Month Club but had only a vague notion that other kinds of things were available on a monthly subscription plan. Now, however, I seem to find ___-of-the-month clubs every time I turn around. In most cases, the general idea is the same: for a fixed fee, you get a six- or twelve-month subscription, with a different selection of your chosen product arriving each month. This can be an easy way to experience new tastes and broaden your horizons a bit. (You can also, of course, have Amazon or another retailer automatically send you refills of exactly the same staple items on the schedule of your choice, but that’s different from having someone select a different item in a given category for a monthly surprise.)

What other sorts of ___-of-the-month clubs are there? A quick web search turned up hundreds, ranging from the delightful to the bizarre. Things you can receive by monthly subscription include: candles, chocolate, coffee, cookies, craft beer, fruit, gourmet cheese, hot sauce, jam, leggings, oysters, pasta, pastries, pickles, potato chips, socks, tea, trout flies, wine…well, I could go on, but you get the idea. I haven’t seen armchair-of-the-month or vaccine-of-the-month clubs, but with very few exceptions, it appears one can now receive a curated monthly example of virtually any item needed for survival or leisure by subscription.

Reader’s Dozen

And then, of course, there are books, the item-of-the-month that started it all. The original Book-of-the-Month Club was founded in 1926, designed as a way to get new books into the hands of people living in rural areas without easy access to bookstores or libraries. A panel of judges selected a new volume each month, sent at a respectable discount to subscribers. The following year, The Literary Guild—another variation on the same theme—started business. Many decades later, after a series of mergers and acquisitions, both clubs still exist. If you enjoy reading the types of books the book-of-the-month club offers, it can be a convenient way to stay on top of the latest bestsellers and keep your library well-stocked at a reasonable price. As for me, I already accumulate books far faster than I can read them, so I’m more likely to subscribe to consumable products.

Notwithstanding the fact that I write a ___-of-the-day column, I find the notion of monthly subscription clubs strangely appealing—in an endearingly retro sort of way. Since it’s easy to purchase almost anything instantly online these days, this type of subscription program is a bit of an anachronism. My suspicion is that clubs like these continue to thrive not so much for the convenience they provide but because people like novelty…and they like getting packages. If you can justify a subscription by convincing yourself that you’re saving money, all the better—but when you get right down to it, there’s just nothing like opening a box of goodies.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on May 11, 2003, and again in a slightly revised form on October 24, 2004.


Go to Source
Author: Joe Kissell

Bad News

Yesterday the kids and I were going on a family trip, and from there going away for the weekend. We had a lot planned and were bringing our dog along, but since she wasn’t able to come to some places we were going (like a BBQ for single moms and their families) so I found a friend willing to watch her for a few hours in the city where we were staying.Unfortunately, while we were at the


Go to Source
Author: Penniless Parenting

Secrets To Have A Frugal Wedding On A Budget

Wedding season has begun, and many of my friends are planning their weddings now. As you all know, weddings can get extremely pricey, often causing large amounts of debt. There are ways, however, to keep down the price. Here’s some tips on a reader on how to do it. 

A wedding can sometimes be a very expensive affair. In recent years, marketing and advertising campaigns have convinced grooms


Go to Source
Author: Penniless Parenting

How do I remove an executor from a will?

A bereavement is bad enough; having an issue with the executor adds to the stress.

When you make a will one of the most important things to consider is who you appoint to administer your estate: the executor. This is certainly not a decision to take lightly.

Acting as an executor is a role of great responsibility particularly if affairs are not left in good order. You need someone honest, reliable, organised and used to dealing with financial issues. Thankfully, you can have more than one.

According to STEP (Society of Trust & Estate Practitioners), the cost of probate fraud is predicted in the region of £150 million and executors, particularly with their level of control, could potentially manipulate things and help themselves to the estate. Or perhaps an executor is genuine but stalling decisions and not dealing with the estate properly.

Whether it is a human oversight or something more sinister, we asked Theo Hoppen from the Stowe Family Law office in Harrogate to join us on the blog to look at what you can do to remove an executor.

“I am often consulted by clients who are frustrated by the failure of an executor to properly administer an estate.  When a person dies, his or her Will (if they have one) will appoint one or more executors to collect in the estate’s assets and distribute them.  If there is no Will then a beneficiary of the estate under the Intestacy Rules can be appointed to administer the estate.

Sometimes a beneficiary has concerns that the executor is behaving improperly by, for example, keeping estate assets for themselves or transferring estate assets to a third party.  These disputes can be complex and very emotionally charged.  I find that the death of a loved one can exacerbate tensions within a family, sometimes leading to all-out warfare between relations.

My job is to sort out the dispute so that everyone gets what they are entitled to and move on with their lives.  Usually, the best option is to arrange a mediation session.  I find this can often resolve even the most acrimonious disputes and, importantly, the court will expect the parties to mediate before taking the matter to court.

If you bypass mediation, without a good reason, the court will hold this against you and may order you to pay some or all the other party’s legal costs if you lose your court case.

A mediator is an independent third party appointed jointly by the parties.  He or she will spend a day encouraging everyone to negotiate and resolve the dispute.  Whilst the parties pay for mediation, it is considerably cheaper than pursuing court proceedings and a much quicker process as a court case can take at least a year to conclude and sometimes longer.

If mediation fails, the court remains the only other option. The court can make various orders to sort matters out and ensure that the estate is administered correctly.  It can order that an executor is removed and replaced by someone else and also order how the estate should be administered. “

If you need advice on removing an executor or different claims against an estate please do not hesitate to contact me at theo.hoppen@stowefamilylaw.co.uk or at the details below.

The post How do I remove an executor from a will? appeared first on Stowe Family Law.


Go to Source
Author: Theo Hoppen

The Children Act has more than stood the test of time

I wrote here back in March about the thirtieth anniversary of the Children Act. My modest celebration of that event has now been joined by another, emanating from a rather more illustrious source: the President of the Family Division, Sir Andrew McFarlane.

The President chose the anniversary as the subject for The Nicholas Wall Memorial Lecture 2019, given on the 9th of May. For those who don’t know, Sir Nicholas was the President himself between April 2010 and December 2012, when he retired for health reasons. Sadly, Sir Nicholas suffered from dementia, and he took his own life in 2017.

In my earlier post I gave a brief outline of what the Act did, and I refer readers who don’t know to that post. Here, I just wanted to give a flavour of Sir Andrew’s speech.

Sir Andrew used the speech to point up three areas within the Act’s provisions which he said “justify comment or consideration as we mark its 30th anniversary.” The three areas came under the headings “Making Contact Work”, Child Protection and Secure accommodation. As the second and third of those are unlikely to be of particular interest to readers of this blog, I will concentrate upon the first.

Sir Andrew set out the efforts since the passing of the Act to “make contact work”, including in particular enhancing the court’s enforcement powers and changing the terminology from ‘residence’ and ‘contact’ orders to ‘child arrangements’ orders. He then asked whether these changes made a positive difference, and concluded that: “in terms of the numbers of separated parents who still turn to a magistrate or judge to sort out the arrangements for their children after parental separation, the answer, depressingly, would seem to be ‘no’.”

However, Sir Andrew did not consider this to be the fault of the Children Act, or the law that has developed under it. He said:

“The law is plain that each parent has full and equal parental responsibility and all that the court is doing when determining an application is fixing the practical arrangements for a child’s care … The courts have been plain that it is the responsibility of parents, and not judges, to determine issues that may arise between them and that this ‘responsibility’, difficult and burdensome though it may well be, is just as much part of their responsibility to do what is best for their child as some of the happier parental tasks may be.”

In other words, the law is clear that the responsibility to sort out post-separation arrangements for children lies with the parents, and the courts will only intervene if it can be shown that without a court order the child’s welfare would suffer. Or as Baroness Hale said: “To emphasise the practical reality that bringing up children is a serious responsibility, rather than a matter of legal rights, the conceptual building block used throughout the [Act] is ‘parental responsibility.’”

The Children Act, said Sir Andrew, was “essentially sound”, even if “the manner in which the delivery of dispute resolution following parental separation often falls short, or, worse, compounds the potential for harm.” That this is so, he said, demonstrates the fact that the law can only go so far in resolving what are essentially relationship difficulties within families.

Sir Andrew concluded his look at the Act with the following glowing endorsement:

“On any view, and in the view I am sure of every Family lawyer, the Children Act 1989 was ground breaking to a very high level on the seismic scale. It changed the world of children’s law and it has more than stood the test of time. Such amendments that there have been, and there have been many, have built upon, rather than removed the core structure of the Act. There is no clamour, yea not even a whisper, that the basic concepts of child law now need further reform. The architects of the legislation, and its draftsmen, simply got it right. That that is so has been, and continues to be, to the great benefit of the children and young people whose needs it was aimed to meet.”

Like Sir Andrew, I’m sure most of us can agree with that.

I recommend that you read the full speech, which you can find here.

The post The Children Act has more than stood the test of time appeared first on Stowe Family Law.


Go to Source
Author: John Bolch

Oil from Garbage

Waste at a landfill

Modern-day alchemy

Well, I’ve got some good news and some bad news. The good news is that there may be an elegant solution on the horizon to the gigantic problem of garbage—and not just the kind that gets dumped in landfills, but hard-to-recycle plastics, too, along with agricultural wastes, used tires, and just about everything else. More good news: we might get to reduce dependence on foreign oil and pay less for gasoline in the process. The bad news? More cheap oil to burn means more carbon dioxide going into the atmosphere, perpetuating the already dire problem of global warming.

The technology that makes it possible to do this is called the thermal depolymerization process, or TDP for short. It was developed for commercial use a couple of decades ago by a company called Changing World Technologies (now owned by Canadian firm Ridgeline Energy Services), and its first full-scale plant operated for a number of years in Carthage, Missouri. Now various other firms are taking the same technology in other directions. In any case, the idea behind TDP is not new—in fact, it’s millions of years old. Take organic matter, subject it to heat and pressure, and eventually you get oil. Of course in nature, “eventually” is usually an inconvenient number of millennia; TDP shortens that time to hours, if you can believe that.

A Well-Oiled Machine

TDP is a surprisingly straightforward five-step process. First, raw materials are fed into an industrial-grade grinder where they’re chopped up into extremely small bits and mixed with water. The mixture is then subjected to heat and pressure, breaking molecular bonds and reducing the material to simpler components in as little as 15 minutes. The next step is reducing the pressure dramatically to drive off the water; in the process, some useful minerals such as calcium and magnesium settle out as valuable byproducts. The remaining slurry is sent into a second reactor, which uses even higher temperatures to produce a hydrocarbon mixture. Finally, a distillation step divides the hydrocarbons into vaporous gas (a mixture of methane, propane, and butane), liquid oil (similar to a mixture of gasoline and motor oil), and powdered carbon.

All that to say: garbage in, (black) gold out. The process itself produces no waste materials, unless you count water, which can be recycled in the system. The gas can be used to produce heat for the machine itself; oil can be sent to refineries to be made into a variety of useful products; carbon can be turned into everything from water filters to toner cartridges; and the remaining minerals can be used as fertilizer.

Virtually any organic material can be fed into a TDP apparatus. By making adjustments to the combinations of temperature, pressure, and cooking times, various input products (referred to as feedstock) can produce a wide range of output products; the proportions of, say, gas to oil to carbon will depend on the composition of the feedstock. The first fully operational TDP system was used to recycle the waste at a turkey processing plant. All the turkey parts that weren’t used as meat—skin, bones, feathers, and so on—were fed into the machine, thus solving a serious waste problem (up to 200 tons per day) while creating commercially valuable products. But TDP can also process discarded computers, tires (even steel-belted radials), plastic bottles, agricultural waste, municipal garbage…you name it.

Almost nothing is too messy or too scary for TDP to handle. It can make clean, safe materials out of sewage, medical wastes, dioxins, and other biohazardous materials. Even anthrax, for crying out loud. Apparently the only kind of material this system can’t handle is nuclear waste—I guess you can’t have everything.

Pouring Oil on Troubled Water

Thermal depolymerization is still finding its footing for commercial use, though similar processes have been known for many years. The problem was that they were always too expensive to operate; it cost more for the fuel to decompose the garbage than the resulting materials were worth. The inventors of TDP claim that it is highly energy-efficient—better than 85% in most cases. If that is true, if it continues to be true on a large scale, and if demand is sufficiently high, then TDP may eventually be able to produce oil more cheaply than drilling, and get rid of garbage as a convenient side-effect—or vice-versa, if you prefer.

As fantastic as TDP sounds, the process does have its critics. Some engineers have expressed skepticism that the energy efficiency could be even close to what proponents claim. Even supposing that it were, the oil needs of the United States are currently so massive that if all the agricultural waste in the country were processed into oil, it would still be just a drop in the bucket (so to speak). In other words, so the argument goes, the process holds more promise as a method of recycling and waste reduction than it does as a source of fuel.

The more optimistic viewpoint is that if TDP comes into widespread use, we won’t run out of oil as long as we have garbage. But that also means there will be less incentive to reduce oil consumption or seek out cleaner alternative power sources. Ah, but I suppose every silver lining must have its cloud.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on August 3, 2003, and again in a slightly revised form on June 4, 2004.


Go to Source
Author: Joe Kissell