A week in family law: McKenzie Friends, coercive control, and more

Article 39, the charity that “fights for the rights of children living in state and privately-run institutions”, is launching judicial review proceedings against the government over its claims that some protections of children in care are “myths”. The charity is seeking to have Department for Education (‘DfE’) guidance to English councils responsible for vulnerable children removed from circulation. The “myth-busting guide” suggests that some duties around social worker visits, protections for missing children, and care leavers’ support can be cut back. Director of Article 39, Carolyne Willow, said: “This document overwrites key obligations within our children’s social care system, which were crafted over many years and subject to detailed public consultations. The protections the guide presents as mythical exist in our legislation and statutory guidance because of the real needs of children and young people.” The DfE would not comment directly on the case, but a spokesman for the Local Government Association said the guidance had provided helpful advice on where councils could able to do things differently if they felt this was in the best interests of children. However, he added: “But it is important that any questions around the accuracy of elements of this advice are clarified as soon as possible, so that councils and their residents can be confident that any action taken is fully in line with current legislation and guidance.”

The Judicial Executive Board (‘JEB’) has published its response to a consultation concerning possible reforms to the courts’ approach to lay individuals, commonly known as McKenzie Friends, who help individuals who litigate without the assistance of a lawyer. The consultation was first opened in 2016, following concerns over the rise in reliance by litigants on McKenzie Friends, as a result of cuts to legal aid. The response said that the JEB was “deeply concerned about the proliferation of McKenzie Friends who in effect provide professional services for reward when they are unqualified, unregulated, uninsured and not subject to the same professional obligations and duties, both to their clients and the courts, as are professional lawyers.” However, the response did not offer a view on whether there should be a ban on fee-charging McKenzie Friends, saying that that was a matter for government. The response only supported the production of a ‘plain language guide’ for McKenzie Friends and litigants-in-person, and updating the current practice guidance on McKenzie Friends. Hmm. I certainly share the JEB’s concerns, but wonder whether an opportunity has been missed to encourage a ban on litigants being charged for services from people who are unqualified, unregulated and uninsured.

The High Court has ruled that a sick 13-month-old girl should receive medical treatment, against the wishes of her parents. The girl was born with kidney failure and doctors said that her one chance for “ongoing survival” was hemodialysis, a process of purifying the blood of a person whose kidneys are not working. The girl’s parents, who Mr Justice Hayden described as having “a deep, profound and simple faith”, opposed the treatment, saying that their daughter’s fate should be left in the hands of God. However, Mr Justice Hayden gave doctors the go-ahead to try hemodialysis, ruling that the treatment would be in her best interests. Let us all hope that the treatment is successful.

And finally, I can’t end this post without mentioning the Sally Challen case, in which Mrs Challen killed her husband with a hammer. Sarah Jane Lenihan, Senior Solicitor at Stowe Family Law’s London Victoria Office, has already written a post here about the case, and I suspect that she may write another now that the outcome of Mrs Challen’s appeal is known (if she has not already by the time this post is published), so I will keep my comment brief. As Sarah explained, the case was about the issue of controlling and coercive behaviour, over a long period of time, and the effect of that upon the victim. The Court of Appeal has ordered that Mrs Challen’s murder conviction be quashed after fresh evidence was accepted, and that there be a retrial. Obviously, this is not exactly the result that Mrs Challen wanted (her barrister argued against a retrial), but hopefully the case will raise awareness of the devastating effect of controlling and coercive behaviour, and that issue will be properly considered in the retrial.

Have a good weekend.

The post A week in family law: McKenzie Friends, coercive control, and more appeared first on Stowe Family Law.


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Author: John Bolch

Rarely Blooming Plants

A flowering Talipot Palm

The Titan Arum lily, the Kurinji plant, and the Talipot palm

Although many years have passed since then, there are certain things I can remember clearly about the year 1986. That was the year of the World’s Fair, Expo ’86, in Vancouver, British Columbia, the year of the space shuttle Challenger disaster, and the year that Halley’s Comet (or Comet Halley) made its closest approach to the sun since 1910.

I remember being impressed at the time that I was going to witness an event that had last occurred so long in the past, before my grandparents were born, before the large-scale wars of the 20th century had taken place. In relation to the human lifespan, 76 years is a long time. When the comet finally did appear, it was not as spectacular as I’d hoped, but I didn’t want to miss it, knowing that it would not appear again until 2061, when I would most likely not be around to see it.

Although there are processes that occur on a time scale far too large for humans to observe (such as evolution and geological changes), we have a fascination for somewhat more common—but still extremely rare—natural events. They are not limited to the world of astronomy, but appear, for example, in the botanical world as well. In particular, consider the case of the Titan Arum lily, the Kurinji plant, and the Talipot palm, all of which bloom so infrequently that seeing them in bloom could be a once-in-a-lifetime experience.

The Stinking Lily

The Titan Arum lily, a relative of the calla lily, is a remarkable specimen on many counts. Native to the Indonesian island of Sumatra, it has been successfully cultivated away from the wild, but it is rare for it to bloom under these conditions. The first time it flowered in cultivation was in 1889 at the Royal Botanic Gardens in London, and in 1937, it bloomed for the first time in the United States at the New York Botanical Garden.

Since then, many other botanical gardens have repeated these successes, and have allowed more people to witness the incredible transformation that the Titan Arum undergoes as it blooms. One of the most notable things about the process is how large the bloom becomes; although it can grow larger in the wild, the tallest bloom produced in cultivation occurred in New Hampshire in 2010, and was measured at 3.1 meters (10 ft 2.25 in) tall.

The other especially striking characteristic of the Titan Arum bloom is its distinctive smell. Called bunga bangkai (“corpse-flower”) in Indonesian, when in bloom the Titan Arum emits a strong smell often compared to rotting flesh. Although it may put off human observers, the purpose of the smell is to lure in carrion-eating beetles and flesh flies (those that breed in flesh and produce maggots) to pollinate the bloom.

Purple Days

Another distinctive flowering occurs in the Kurinji plant (sometimes called Neelakurinji), a native shrub of the southern mountains of India, the Western Ghats. Although the flowers are not particularly interesting individually, the phenomenon of their mass blooming is fascinating.

When the Kurinji are in bloom, the vast expanses of flowering plants produce a unique effect, a sea of blue and purple as far as the eye can see. This amazing sight is made all the more memorable by the fact that it occurs only once every 12 years (the latest blossoming was in the summer and fall of 2018). Children who see the Kurinji bloom will not see it again until they are grown; in fact, one tribe in the area traditionally calculates their ages according to how many of the flowerings they have seen.

While this rare event is a cherished part of the cultural and spiritual lives of local residents, it may not be around forever. The grasslands where the Kurinji grows are increasingly threatened by the encroachment of non-native species, such as wattle, acacia, pine, and eucalyptus trees, planted by British colonists in the 19th century to provide firewood. Vigorous efforts are underway to protect the vulnerable grasslands, but it remains to be seen how much of the Kurinji habitat can be saved.

Late Bloomer

The flowering of another native plant of southern India (and Sri Lanka), the Talipot palm, is truly a once-in-a-lifetime event—for the tree, at least. The Talipot palm is monocarpic, meaning it blooms only once, and in this case, at the end of its long life, which can last between 30 and 80 years.

While the Talipot palm can grow to enormous heights during its lifetime, as high as 82 feet (25 meters), it becomes even taller when in bloom. It grows a large stalk at its top, between 20 and 26 feet (6–8 meters) long, which produces smaller branches carrying millions of flowers. The stalk, branches, and flowers of the Talipot palm, known jointly as an inflorescence, is the largest of any plant in the world (the Titan Arum lily has the largest unbranched inflorescence).

Once the Talipot palm has flowered, it takes a year for the fruit to develop; it eventually produces thousands of round yellow-green fruit, each of which contains a single seed. After the fruit appears, the Talipot palm dies off.

Flower Power

It’s not surprising that the flowering of these three plants can draw hundreds, and sometimes thousands, to witness the process. While all three plants are noteworthy in other respects, it is the rarity of their blooming that can inspire awe and respect for the workings of nature as nothing else can. Like a comet streaking across the sky that will not return in our lifetime, there is a thrilling poignancy in the moment of witnessing something that we may not see again.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on October 9, 2006.

Image credit: Cumulus Clouds [CC BY-SA 3.0], via Wikimedia Commons


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Author: Morgen Jahnke

National Pig Day

A large white pig

Since 1972, March 1 has been National Pig Day in the United States. There’s no deeper meaning here—it’s just a day to celebrate pigs. Whether you think of them as cuddly, intelligent, or delicious, pigs are certainly amazing (if occasionally rather messy) animals. Well, maybe not all pigs, but I’m sure you can think of Some Pig that’s radiant. Take whatever pig-honoring action you feel is appropriate today.

Note: Many schools also observe National Read Across America Day today, but we’ll cover that tomorrow, on Dr. Seuss’s birthday!

Image credit: Rictor Norton & David Allen from London, United Kingdom [CC BY 2.0], via Wikimedia Commons


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Author: Joe Kissell

Conservatorship of O.B.

(California Court of Appeal) – Affirmed an order establishing a limited conservatorship of the person in a case involving a woman with autism spectrum disorder who objected to the conservatorship and to the appointment of her mother and elder sister as conservators.


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Here’s why you need a forensic accountant on your divorce team

There is something about the word forensic that makes my mind immediately go Silent Witness, white suits and crime scenes. But what of the ‘forensic accountant’ and why would you need one on your divorce team?

So I asked Suzanne Grant, a member of our in-house forensic accounting team to join us on the blog to explain what the team does and how they can help when the financial detail in a divorce is just not adding up.

“To start, I can assure you that there are no white suits or crime scenes in our office. Instead, you will find a much calmer, quieter place as we concentrate on investigating the financial elements of a divorce case.

Whilst it is always preferable upon marriage breakdown for the parties to reach an agreed financial settlement rather than leaving the matter for the court to decide upon, it isn’t always possible.

One of the most complicating/contentious factors in a divorce can be the division of assets, especially when tensions are running high and one party may not be willing to fully cooperate in the financial disclosure process.

It is often the case that one spouse managed the parties’ finances such that the other spouse is disadvantaged in terms of their knowledge as to the full extent of the financial ‘pot’. That’s where the skills of a forensic accountant come in.

The main role of the forensic accountant in divorce matters is to ensure financial transparency by investigating the parties’ finances, both personal and business, with the ultimate aim being to identify and investigate any discrepancies, including revealing hidden assets and income.

Assets can be hidden in any number of ways including by transferring them offshore or by giving them to a friend or another family member to hold until the divorce is finalised. For those spouses who have businesses, these are often used as a vehicle to hide assets and therefore the accounts must be reviewed for any inconsistencies and irregularities, particularly in the year(s) leading up to separation and continuing thereafter until an agreed financial agreement is reached.

Income can also be hidden and/or manipulated in a number of ways including by delaying receipt or by not entering into lucrative business contracts until the divorce is finalized.

Put very simply, if an asset or income stream is excluded from the financial ‘pot’, it cannot be divided. Even if the existence of that asset or income stream later comes to light, it is by no means certain that the terms of the agreed financial settlement can be revisited and a share allocated to the entitled spouse. For that reason, it is vital that the full extent of the ‘pot’ available for the division is identified and the terms of the financial settlement agreed before Decree Absolute is granted.”

The post Here’s why you need a forensic accountant on your divorce team appeared first on Stowe Family Law.


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Author: Suzanne Grant

Wife fails to have financial order set aside in ‘whistle-blower’ case

When I wrote about the case Saxton v Bruzas (or Bruzas v Saxton) here briefly back in June last year I speculated that we might be hearing a lot more about it, as it had the potential to be very significant. In the event, the case has turned out not to be as significant as it might have been. Nevertheless, it is still of interest, and it contains a lesson for anyone who thinks they may have had a bad deal from a financial remedy order made by the court.

The headline feature of the case is that it involved a paralegal employed by the firm of solicitors who had been acting on behalf of the husband ‘whistle-blowing’ by sending documents to the court which the wife suggested indicated that the husband and his legal team had committed perjury and perverted the course of justice. As one might guess, such a finding by the court would be quite significant.

The circumstances surrounding all of this were, briefly (and in simplified form), as follows.

The husband commenced divorce proceedings in 2013. Negotiations took place to resolve financial matters. The husband was represented by lawyers throughout, but the wife was not always represented, and did not have lawyers when a settlement was reached and a consent court order was submitted to the court, to give effect to the settlement.

A consent order is not simply ‘rubber stamped’ by the court, just because the parties agree to its terms. The court must be satisfied that the terms are broadly reasonably, before it approves the order. Here, the Deputy District Judge was not so satisfied, commenting that it was far from clear what the net effect of the order would be, nor was it clear that it was reasonable to dismiss the wife’s claim for maintenance, in view of the large disparity between the parties’ incomes.

The court sent a letter setting out these comments to the husband’s legal team, but the letter was not sent to the wife. The husband’s lawyers replied to the Deputy District Judge’s comments, and their letter was copied to the wife. The order was then amended and signed by both parties. The Deputy District Judge was satisfied, and the order was made, in March 2014.

In February 2016 the wife made an application to set aside the order, on the basis of an alleged failure by the husband to make proper disclosure of his financial circumstances. On the day before the judge, Mrs Justice Parker, was due to hand down her judgment on the application she received an unsolicited email sent anonymously to the court suggesting that the husband’s lawyers had deliberately withheld the letter from the court from the wife, for fear that its contents would cause her to withdraw from the agreement, and seek a more favourable settlement.

Mrs Justice Parker found that the wife had not seen the letter from the court, but concluded that it was not proved that that was as a result of a deliberate cynical and manipulative tactic by the husband’s lawyers.

The wife claimed that if she had been aware of the letter she would have thought twice about agreeing to the settlement. However, Mrs Justice Parker did not accept this, and said:

“In those circumstances, I have come to the conclusion that this is a case very familiar in this area of litigation where the wife has, for understandable reasons, come to the conclusion that she has had a bad deal from the financial remedy order made. That she has thought better of it and has in her own mind reworked the events so as to justify her application.”

Accordingly, the wife’s application was dismissed.

That was not the end of the matter, however. The whistle-blower then sent further documentation to the court regarding the alleged actions of the husband’s lawyers in relation to the letter from the court, and the wife applied to set aside the order dismissing her application.

This application fell to be heard by the President of the Family Division, Sir Andrew McFarlane. In order to keep this post to a reasonable length, I will not go into the details of his judgment. Suffice to say that he found that even if the further documentation was admissible (which he did not think it was, as it was protected by legal professional privilege), it did not take the wife’s case any further, as it did not change the picture significantly, certainly not sufficiently significantly to justify reopening the case.

In the circumstances the wife had no new evidence, and her application was in reality no more than an attempt to reargue the same material as was before Mrs Justice Parker. Accordingly, the application was refused.

As I said at the outset, this case contains a lesson for anyone who thinks they may have had a bad deal from a financial remedy order. Such orders are meant to be final, and therefore they will not be re-opened by the court without good reason. Before seeking to have the case re-opened you must therefore be sure that you have such a reason, and not fall into the trap of manufacturing a reason (consciously or otherwise) by reworking the events surrounding the making of the order.

You can read the President’s full judgment here.

The post Wife fails to have financial order set aside in ‘whistle-blower’ case appeared first on Stowe Family Law.


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Author: John Bolch

A Psychologist Explains How to Beat Social Anxiety

It is rarely helpful to tell a shy person to “just be yourself!” Riffing on that frustrating exchange, clinical psychologist Ellen Hendriksen has written a book that she hopes will answer the question the anxious person usually asks in return: How?

Hendriksen received her doctorate from UCLA and today works at Boston University’s Center for Anxiety and Related Disorders. She is the author of How to Be Yourself: Quiet Your Inner Critic and Rise Above Social Anxiety, out last week from St. Martin’s Press, which she describes as “a book I wish I had when I was 20.”

The Verge spoke with Hendriksen about the most helpful techniques to combat social anxiety, daring to be average, and why most people’s social skills are just fine.

This interview has been lightly edited and condensed for clarity.

Let’s start with the basics. In the early chapters, you define social anxiety as “self-consciousness on steroids.” Can you be more specific about what that means? What is social anxiety?

Social anxiety is a perception that there is something embarrassing and deficient about us, and, unless we work hard to conceal or hide it, it will be revealed and we will be judged or rejected for it.

We can all relate to the experience of looking in the mirror and zooming in on a perceived flaw like a zit. There is a sense of wanting to hide that perceived flaw and that leads you to, say, throw on some tinted moisturizer. That feeling — that urge to hide — is the exact same feeling that one gets with social anxiety, except with social anxiety it’s about our internal self, about our personality or our social skills or simply who we are as a person.

The one thing I always like to add is that social anxiety is a package deal, and it often comes bundled with strengths like high standards and empathy and being helpful and altruistic. People who have social anxiety are often good listeners and conscientious and they work hard to get along with fellow humans. And those are all really amazing strengths that won’t go away even as people work on their social anxiety.

In the past few years, there’s been a lot of talk about introverts and extroverts, and people often confuse being introverted with being socially anxious. But, in fact, introversion and social anxiety are separate. How can people tell which is which?

Introversion is how you’re wired, whereas social anxiety gets in your way. Introverts get their energy by being alone or in small groups, while extroverts get their energy from larger groups of people.

Non-anxious introverts are perfectly happy to leave the party early, but people with social anxiety often leave because they feel so worried and want relief. Social anxiety is something that is holding you back due to fear instead of due to choice. A classic example is that students with social anxiety will forgo the part of their grade that’s based on “class participation.”

Ellen Hendriksen. Photo by: Matthew Guillory

And socially anxious extroverts do exist. I was talking just the other day to a man who is a teacher and a standup comic. He loves being in front of people, but he’s also simultaneously afraid that they are judging him. You can get energy from other people and still be anxious around them. Or you can get your energy by being alone and not be bothered by it at all.

So, let’s get to the meat of it. How do you overcome social anxiety?

Go forth and do. I often talk to clients who say, “I wish I could hit pause on the world and I could retreat and work on myself and gain confidence and remerge confident and be ready to live my life.”

That is backward. A nice analogy is that of mood and action. We often think we have to “feel” like doing something before doing it. We think we have to feel like going to the gym before going to work out. But if we lace up our shoes and go to the gym, often our mood catches up, and we’re glad we went. With confidence, it’s the same thing. We have to put action before feeling confidence because when we see ourselves doing challenging things, we start to believe we can.

You offer a few “magic questions” for socially anxious people to ask themselves before an event. How can these help?

The first trick is asking people to be really specific. Anxiety is often vague and says things like “everybody will hate me” or “something bad will happen” or “what if something bad happens?” So if we can specify, what exactly we’re afraid of, who exactly would “hate you,” sometimes that’s enough and we realize that our anxiety is not particularly credible and that the worst-case scenario that it’s spinning and is setting off our alarm bells is not likely. Part of that is asking what the odds of these worst-case scenarios really are.

The second question is “how bad would that really be?” and the technique is called decatastrophizing. That’s simply asking, “Is this truly a catastrophe? Would I die? Is this irreparable?” And the vast majority of the time, the answer is no.

The third is “how can I cope?” If we have a plan to either rectify the situation or take care of ourselves and move on, that will make us feel better knowing that we have a plan and we can care for ourselves regardless of what happens. That helps refute the two most fundamental lies of social anxiety.

What are they?

The first is that the worst-case scenario is a foregone conclusion and is definitely going to happen. And the second is that “I can’t deal.” When we avoid experiences, we don’t get the evidence to disprove those two lies of social anxiety. We don’t see our own capabilities. So these questions can act like this nice runway to help launch us into action and to go ahead and try to do those things that we’re a little bit scared of.

One piece of advice I found compelling was to “be brave for one minute.” What’s the thinking behind that?

The vast majority of social anxiety is anticipatory. Oftentimes, once we take the leap and are in the moment, we do feel anxious at first, but if we can resist the urge to avoid pulling the plug, the anxiety will naturally plateau and start to decline. But by avoiding anxiety, we never get to find that out. So, by committing ourselves to being brave for one minute and also dropping our safety behaviors, that’s where the learning occurs.

Tell me more about the safety behaviors.

This concept comes from the work of psychologists Lynn Alden and Charles Taylor. People who are socially anxious engage in “safety behaviors,” which are simply behaviors that trying to help you tamp down anxiety in the moment. For example, if you’re at a party and feel anxious, you hover on the edge of the room or you scroll on your phone or you might rehearse what you plan to say beforehand to make sure it doesn’t sound stupid. People generally do know what their safety behaviors are. And they do make us feel better, but it comes across as off-putting or rigid. They send the wrong message, and folks who are socially anxious don’t always realize that.

What do we gain when we drop the safety behaviors?

Alden and Taylor challenged people to drop their safety behaviors to see what would happen. When they did that, their conversation partner in this experiment rated the people who dropped these behaviors as more likable and more authentic. We become the way we are naturally with our closest friends.

These behaviors take up a lot of bandwidth. If you’re thinking about how you come across, and there is very little room left over to just be our authentic, friendly self. When we drop our safety behaviors, the gaps are naturally filled in with listening and curiosity and interest and we come across as more genuine and therefore our conversation partners like us more.

That seems related to a chapter in the book devoted to explaining why most of us don’t have terrible social skills. Why do you believe that?

With most people, it’s not so much that our social skills are lacking, it’s that our inhibitions get in the way and prevent us from using our social skills. We monitor ourselves and overread everything. “Oh, she just shifted in her seat, does that mean she’s bored?” Or, “I hope I don’t sound like an idiot.”

With all that happening, there’s very little room left over to pay attention to what’s happening in the moment or even to stand properly or to not spill our wine. So when we’re feeling particularly inhibited and anxious, it seems like we have no social skills, but we do.

Instead, try to turn your attention inside out, focus on anything except yourself. Look at who you’re talking to, ground yourself in your surroundings, listen closely to what is being said. And that turning of attention from the internal commentary can greatly reduce anxiety and help us make use of our skills that we naturally have.

Even in those cases, we’re still going to be awkward sometimes, right? You write about perfectionism in the book and also “daring to be average.” What does that mean?

Perfectionism as a term is a misnomer. It isn’t about being perfect. It’s about never being good enough. It social contexts, it’s all or nothing. So, unless we give a stellar performance, we are an abject failure. The answer is to simply lower the bar. It’s okay to have an awkward silence. Your social life isn’t a laser maze. If you make one mistake, alarms are not going to go off all around you. Daring to be average means daring to just be totally normal, which can help you relax and, again, relax into the skills we have.

Be well informed. Read The Verge.

This post originally appeared on The Verge.

https://getpocket.com/explore/item/a-psychologist-explains-how-to-beat-social-anxiety

 

Freediving

Freediving in Ireland

Taking the oxygen-free plunge

Lifeguards at public swimming pools don’t like it when you disregard the signs that say “Walk, Don’t Run!” But they like it even less when you don’t move at all. As a lifeguard is scanning the pool, the last thing they want to see is a body floating face-down and motionless in the water. I remember getting yelled at for doing exactly that when I was about 10 or 12 years old. I couldn’t understand what the problem was. I wasn’t bothering anyone, I was just enjoying the sensation of holding my breath, floating, and staring at the bottom of the pool. But the lifeguard reprimanded me: “You have to keep moving! Otherwise I won’t know if you have drowned.” I thought that was unfair, because kicking around in the water isn’t as relaxing or serene as just floating there, but ever since then, as a courtesy to those who could not discern my state of consciousness from a distance, I have refrained from floating face-down.

Little did I realize that what I was doing would soon be a major competitive sport.

Kicking the Breathing Habit

Serious breath-holders would call what I was doing Static Apnea—just one of several categories of the sport of freediving. The current world record for Static Apnea is held by Serbian diver Branko Petrović, who floated in a swimming pool while holding his breath for eleven minutes and fifty-four seconds. That is, if I may say so (and pardon the pun), an unfathomably long time. But it’s just the tip of the iceberg. Freediving is all about pushing the limits of physical and mental endurance, defying common sense all the way.

Freediving is the name for a class of activities that involve holding one’s breath underwater for an extended period of time. In its simplest form, freediving is a low-tech alternative to recreational scuba diving. Although freedivers can’t stay submerged as long as divers who use tanks and regulators, they can move much more quickly and freely without the drag caused by the equipment. It’s a quieter experience too, and with fewer bubbles there’s less chance of scaring off fish. The only equipment required is a mask, wetsuit, and extra-long fins, making it a less expensive pastime than scuba diving as well.

The Length and the Breath

But when you start talking about competitive freediving, it begins to sound like a sport that could only be appreciated by someone whose brain had been deprived of oxygen a bit too long. Static Apnea is all well and good, but serious freedivers consider that just the first step. Dynamic Apnea ups the ante by requiring the diver to swim horizontally underwater; the idea is to cover as much distance as possible without taking a breath. Separate categories exist for divers using fins and those without. But then things start getting really interesting. In the other major forms of freediving, a rope (with markings to indicate depth) is dropped to the sea floor, and the objective is to follow the rope as deep as possible before returning to the surface. In a Constant Ballast dive, divers must descend and ascend under their own power; they can optionally use a weight to help them descend but they must carry the same weight on the way back up. Free Immersion is similar, except that the diver can pull on the rope to assist in the descent and ascent. Then there’s the Variable Ballast dive, in which a weighted sled takes the diver farther down into the water; the diver then leaves the sled to ascend under his or her own power. If that’s not challenging enough, a No Limits dive uses the same weighted sled to go even deeper, at which point the diver inflates a lift bag to facilitate a speedy ascent.

Austrian diver Herbert Nitsch currently holds the world record for No Limits free diving, generally considered the most challenging category. On June 14, 2007, he made a record No Limits dive of 214m (702 feet). But freediving is intensely competitive, and records are set and broken with astonishing frequency. The endless push to go deeper and longer is, not surprisingly, very risky, even for extremely well-trained divers. In October 2002, world-renowned freediver Audry Mestre died in an attempt to break the record at the time with a dive of 170 meters. A combination of equipment malfunction and human error prevented her from ascending fast enough, despite the numerous safety measures that are always taken during dives of this sort. Similarly, in November 2013, Nicholas Mevoli from New York died in an attempt to break the Constant Ballast Without Fins record. But these tragedies seem to have had a galvanizing effect on the freediving community, inspiring them to push themselves even further as a tribute to their lost comrades.

If you think about other mammals that hold their breath to make extended dives—whales, seals, and sea lions—freediving doesn’t sound all that crazy. Human physiology is quite a bit different, but research has shown that with training, almost anyone can develop the ability to hold their breath for three or four minutes. Still, there’s a big difference between holding your breath on the surface of a nice, safe swimming pool and doing the same thing under hundreds of meters of water. That requires stamina, guts, and probably a little insanity.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on July 30, 2003, and again in a slightly revised form on March 22, 2005.

Image credit: Simukas771 [CC BY-SA 4.0], via Wikimedia Commons


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Author: Joe Kissell

National Chocolate Soufflé Day

A chocolate soufflé

I can count on one hand the number of soufflés I’ve eaten in my life, and still have some fingers left over. But I did eat one as recently as last week, and I have to say, it was heavenly. It was a mocha soufflé, so although it contained chocolate it wasn’t precisely what one should consume on National Chocolate Soufflé Day. The thing about soufflés is, they take a while to prepare and require some significant culinary skill. In my opinion—and I’m speaking here as someone who knows his way around a kitchen—they’re best left to the pros. But whether you make your own or let a chef do the honors, today’s the day to enjoy the light, airy, puffed-up goodness of a chocolate soufflé.

Image credit: Pxhere


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Author: Joe Kissell