The myth that there is no ‘law’ in family law

At the end of my post here last Friday I mentioned briefly a story in the Law Society Gazette reporting that a former police officer who has set up a website linking the public with McKenzie friends has said that it is an ‘irrebuttable truth’ that family law does not need lawyers.

Apparently, the website “will link up around 100 former police officers acting as McKenzies with members of the public”. Quite why former police officers should be well qualified for the task of assisting family law litigants whereas family lawyers are surplus to requirements, I’m not sure. Perhaps it follows from the linked idea, also expressed on behalf of McKenzie friends, that family law is simply about common sense, a quality that maybe former police officers are believed by the public at large to possess.

Whatever, the idea that there is no ‘law’ in family law is nothing new. I remember it being mentioned way back when I was studying law, with students of other legal topics snobbishly suggesting that family law was an ‘easy option’ that did not test the grey matter in the same way that their more complex subjects did (in fact, I suspect that many of those who said this would not have lasted five minutes at the coalface of practising family law). I didn’t engage in the argument myself (I did study family law, but it was not until later that family law became my path), but I suspect that it irritated those who did intend to become family lawyers.

So is there any truth in the idea?

Well, it is certainly true that in practice much of family law is little more than common sense (I think, for example, of deciding upon arrangements for children following the separation of their parents), but the same can be said for other areas of law (and, indeed, many areas of human endeavour). After all, for example, lay people are tasked as jurors or lay magistrates to decide criminal cases, using little more than their own common sense. And even the interpretation of a term in some complicated contractual dispute may in the end boil down to the application of a dose of common sense.

But if common sense is used in the making of decisions, the decision-making process is, of course, guided by a legal framework. And that is as true of family law as it is of any other area of law.

Take, for example, financial remedy proceedings following divorce. A judge dealing with a financial remedy application is not free to simply come to whatever decision they see fit. They must be guided by the legal framework. That begins by a consideration of the factors that they are required to take into account by section 25 of the Matrimonial Causes Act 1973. But that is just the beginning of the process. Parliament specifically left section 25 ‘vague’, in the sense that it does not tell the court exactly what it must do in a given set of circumstances. Accordingly, in the 45-odd years since the Act was passed the courts have had to interpret section 25. This has led to the creation of a huge and ever-changing body of case law that must be learned by family lawyers.

Of course not all of that case law applies to every case, and yes, some cases are quite straightforward to decide. But if you do not have a legal training, how do you know that a given case requires little consideration of the law?

But the actual law is only part of it. On top of the law comes the procedure, and that can be every bit as complex as the law itself. A huge part of being a family lawyer is knowledge of the relevant procedure. In fact, many cases turn not on the interpretation of the law itself, but on the interpretation of the rules governing the procedure applicable to the case. Go into family litigation without a knowledge of the procedure at your own risk.

In short, the idea that there is no ‘law’ (and by that I include legal procedure) in family law is a common misconception, and one that is obviously going to be attractive to non-lawyers seeking to make money out of those unfortunates who can’t afford a lawyer and are no longer able to get legal aid. It is a myth, and a dangerous one, that could easily lead to misinformed litigants failing to achieve the outcomes that they seek, or even that they are entitled to.

The post The myth that there is no ‘law’ in family law appeared first on Stowe Family Law.


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Author: John Bolch

The Steadicam

A Steadicam operator

When it comes to recording video, elements like composition, lighting, audio recording, judicious use of camera angles, panning, zooming, and so on all require practice and a certain degree of artistic sensibility; these do not come in the box with your smartphone, DSLR, or camcorder. And although virtually every modern video recording device for consumers has a built-in mechanism to compensate for the jitter caused by small hand movements, long handheld shots—especially those taken while walking, as is natural for camcorder users—typically include a fair amount of bounce and sway, making them look amateurish regardless of any other merits the recording may have. You almost never see such bumpy images on TV or in movies, unless a shot was made that way intentionally to achieve a certain effect. Professional videographers and cinematographers supplement their skill with a great piece of technology called a steadicam to smooth out the trickiest of handheld shots.

Steady as You Go

You can think of the steadicam as an extremely sophisticated shock absorber for a camera. Just as the shock absorbers on your car keep the ride smooth even when the road is not, so a steadicam keeps a camera steady despite bumps underneath. But unlike automotive shock absorbers, a steadicam must also compensate for pan (horizontal rotation), tilt (rotation up or down), and roll (rotation about the axis of the lens)—but only when these changes are not explicitly implemented by the operator. After all, a handheld shot that could only ever point in one direction would not be terribly interesting.

To do all this, a steadicam starts with a large, rigid harness or vest worn by the operator. Because the entire apparatus, including the camera, is typically quite heavy—sometimes as much as 90 lb. (about 40kg)—the vest spreads out the weight as much as possible. This not only minimizes fatigue, but also gives the camera a much more solid attachment point than the operator’s arms would provide. Protruding from this vest is a heavy-duty mechanical arm, somewhat reminiscent of the ones used in certain adjustable desk lamps. The arm has two rigid segments (called “bones”), connected by spring-loaded joints. The mechanism is designed in such a way that the bones always remain parallel to each other, but can move up, down, left, and right with the application of a small force from the operator. The camera itself (whether film or video) sits atop a postlike mounting assembly called a “sled,” which is attached to the end of the arm by a free-floating rotating joint known as a gimbal. The weight of the camera is counterbalanced partly by the tension of the springs and partly by other components mounted at the bottom of the sled such as batteries and a video screen that enables the operator to see what is being filmed while watching their step.

All these joints, springs, and weights shift the center of gravity away from the camera itself while providing multiple points where vibration and other unwanted movement can be isolated from the camera. The net effect is that the operator can walk, climb stairs, step over obstacles, or even jog while keeping the “floating” camera perfectly smooth. This makes possible shots that could never be achieved with a tripod or dolly, enabling the camera operator to walk among the actors freely while keeping all equipment out of the shot.

Gonna Film Now

The steadicam was invented in 1973 by cinematographer Garrett Brown, with its mainstream debut in the 1976 film Rocky. Since then, it has become ubiquitous in both film and TV. The most impressive use of the steadicam I’ve seen is the 2002 film Russian Ark, shot in the Hermitage, a former palace in St. Petersburg that’s now a museum. The entire 90-minute film was done as a single, continuous steadicam shot that followed the main character as he walked from one room to the next. Garrett Brown himself also famously used a steadicam to capture footage of California’s Redwood National Park in slow motion as he walked through it; when the footage was played at regular speed, it produced the backdrop for the speeder bike sequence in Return of the Jedi (1983).

As sophisticated as steadicams are, they are useless without a highly trained operator. A great deal of practice, not to mention stamina, is necessary to become proficient filming scenes with a 90-pound weight hanging from your chest. Steadicam operators, who generally work as freelancers and provide their own equipment, are both highly paid and well respected. Professional steadicam equipment is, not surprisingly, quite expensive (a complete rig can cost as much as a mid-range car)—though scaled-down versions for use with smaller consumer devices can be had for well under US$1,000. That money won’t make your vacation videos less boring, but your camera’s “off” switch was designed for just such a purpose.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on November 11, 2004.

Image credit: Mike1024 [Public domain], via Wikimedia Commons


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Author: Joe Kissell

National Tempura Day

Tempura

Tempura refers to the Japanese technique of dipping food (usually vegetables or seafood) in a light batter and deep-frying it. There are lots of other ways to deep-fry stuff (with or without batter), but tempura has a distinctive texture and flavor. I don’t know if I’ve ever had tempura anywhere besides a Japanese restaurant, but it’s easy enough to make yourself if you’re so inclined.

Image credit: FASTILY [CC BY-SA 4.0], from Wikimedia Commons


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Author: Joe Kissell

Farewell to Homeschooling

It is with a heavy heart that I write this post. After 11 years of homeschooling, it’s time to say farewell.

In light of that, I wanted to write up a post chronicling and summing up our family’s homeschooling journey, something I’ve written a lot about on this blog.

I was homeschooled for a year in high school in a very intense academic way. I was so turned off by the idea of homeschooling


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Author: Penniless Parenting

Cheap Ways to Protect Your Kids from Germs this Winter

This winter hasn’t been the easiest one for our family. First one kid and then another has been sick, and so have I been. Just today Ike got diagnosed with Strep throat when I took him in for an ear infection and puking. I need to listen to this advice from a reader on how to not keep on getting sick!!!

Winter is a special time, especially for kids who like building snowmen, learning how to


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Author: Penniless Parenting

Arcosanti

Arcosanti

Building a rural city

While on a business trip in Scottsdale, Arizona in the early 1990s, I took a walk down the road from the hotel one afternoon and ran into a peculiar-looking place called Cosanti. This compound, an official Arizona Historical Site, is a collection of oddly shaped concrete structures, including large domes and apses made from earthen molds. The first thing a visitor notices is the multitude of handmade bronze and ceramic windbells all over the property. These are made in the foundry and workshops on the site and available for sale in the gift shop. But Cosanti is much more than a new-agey craft center. It’s gallery and studio of the late Italian-American architect and artist Paolo Soleri (who also lived there until his death in 2013). As the brochures on the counter explained, Cosanti is, among other things, a prototype for a much larger and grander construction project called Arcosanti.

City in the Wilderness

Located about 70 miles (110 km) north of Phoenix, Arcosanti is called an “urban laboratory.” What Soleri was testing in this laboratory for nearly 50 years is a concept he called arcology, a blending of architecture and ecology. His vision was to build a 25-acre city where 5,000 people can one day live, work, and play—comfortably, sustainably, and in harmony with nature.

Soleri believed that wastefulness and urban sprawl are among the great evils of the age, and he wanted to eliminate these problems with careful design. According to arcology, well-planned urban areas can use space much more efficiently and benefit from dramatically reduced energy requirements and environmental impact. This means, for example, eliminating cars, roads, and garages by putting all buildings within walking distance of each other. It also means creating multi-use spaces for maximum flexibility, and relying on solar and wind energy for most heating, cooling, and lighting.

Beyond the issues of consumption and pollution that plague the world’s urban and suburban areas, Soleri felt that people have become too detached from each other, and that an effective community requires more human interaction. Accordingly, Arcosanti has been designed with a large amount of shared living space (such as kitchens, gardens, and recreation areas). This seemingly benign fact sets off warning bells for Soleri’s critics, some of whom see Arcosanti as an immense commune, or worse—a cult-like organization. While the project does attract its fair share of New Age types, it also attracts many ordinary people for whom privacy does not necessarily mean a single-family house in a cul-de-sac. But if anything, Arcosanti’s biggest problem is that it hasn’t produced enough converts—or, to use a less loaded term, enthusiasts.

A Time to Build

When construction on Arcosanti began in 1970, Soleri expected it to be completed in 10 years, but less than 5% of the planned project has been completed to date. Construction is done by volunteers, who pay to live and work at Arcosanti during five-week workshops. Fewer than 100 people reside at Arcosanti at any given time, though the site receives more than 40,000 tourists per year. Much of the money used to fund the work comes from sales of the windbells and other pieces of art. But the money and volunteers are not plentiful enough to move the project along quickly. Before Soleri’s death, he left Arcosanti under the control of the nonprofit Cosanti Foundation, which continues to pursue Soleri’s vision.

Even if Soleri’s experiment in the Arizona desert proves one day to be fabulously successful, it will not necessarily signal a triumph of arcology over other forms of urban planning. What works for 5,000 people may not scale up to a city of millions; what works in a hot, dry climate may fail in colder, darker, and wetter areas. But the biggest roadblock of all is not technological, it’s psychological—convincing suburbanites that the cozy, interdependent community of a rural “city” is an improvement over the self-sufficient existence they’ve worked toward their entire lives. After all, arcology assumes that everyone will more or less like, respect, and work happily together with their neighbors. Sounds like a fantasy to me.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on August 21, 2004.

Image credit: Carwil [CC BY-SA 4.0], from Wikimedia Commons


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Author: Joe Kissell

National Smith Day

Granny Smith apples

When I saw that today was National Smith Day, I assumed it was a day to honor metalworkers. But no, it’s a day to recognize people whose name (or part of a name) is Smith. Wikipedia tells me it’s the most common surname in the United Kingdom, Australia, Canada, New Zealand, and the United States. January 6 was chosen as National Smith Day because it’s the birthday (in 1580) of Captain John Smith; the person who came up with the holiday in 1994 was Adrienne Sioux Koopersmith. (I remember years ago meeting a fellow with the last name Goldsmith, and when I asked what he did for a living, he told me he was an actual goldsmith. I thought that was funny, though centuries ago perhaps that would have been the rule rather than the exception.) In any case, give the Smiths in your life a high five today. And if you don’t have any, do the next best thing and eat a Granny Smith apple!

Image credit: Max Pixel


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Author: Joe Kissell

The Right-to-Quiet Movement

Woman making the "shhhh" gesture

Shouting down excess noise

When I was in high school, I had an alarm clock that I truly hated. It was not merely loud, it was hideously, harshly loud. It sounded pretty much exactly like a smoke alarm, and had precisely the same effect: it scared me senseless every time it went off. I’d wake up, all right, but in such an anxious state that I came to associate the early morning with feelings of terror. Knowing a thing or two about electronics, I decided to perform surgery on the clock and modify it so that instead of making noise, it would flash a bright light in my face when the alarm went off. My modification worked—at least in the sense that the light flashed at the appointed time. What I hadn’t thought through was the fact that at the time the alarm went off, my eyes would be closed (and, more often than not, turned away and buried in a pillow), so while the light flashed merrily away, I kept on sleeping. My invention merely swapped the stress created by a noisy alarm clock for the stress created by being late for school.

Whether due to this adolescent trauma or for more mundane reasons of genetics or environment, I have had an aversion to noise almost as long as I can remember. My idea of a good time is visiting a library, cathedral, or desert location where the loudest sound is that of a page turning or wind blowing; my idea of torture is trying to write while someone is operating a leaf blower outside, having an otherwise quiet walk ruined by loud traffic, or trying to hold a conversation on a noisy train. If you were to plot my stress level on a graph alongside a graph of the ambient sound level, you’d probably find significant correlations. I used to think my preference for quiet was abnormal if not pathological, until one day I typed “quiet” into a search engine and came up with the Right to Quiet Society and the Noise Pollution Clearinghouse, two of numerous organizations dedicated to the promotion of quiet. There is in fact a rather large and diverse anti-noise pollution movement afoot, and being a fan of quiet, I find this notion extremely interesting.

Now Hear This

Broadly speaking, there are two main types of what is commonly called noise pollution: low-level, continuous background noise; and extremely loud but intermittent noise. Examples of background noise include radios or TVs left on all the time, appliances such as refrigerators and air conditioners, computers and other devices with cooling fans, and traffic sounds. Loud intermittent noises are things like planes flying overhead, leaf blowers, sirens, vacuum cleaners, and PA systems in clubs and concert venues. Typically the anti-noise groups focus on the second type of noise, citing extensive research on noise-related health concerns: hearing damage from extended exposure to high levels of sound; sleep loss; psychological trauma; and increased stress levels resulting in high blood pressure, aggressive behavior, and even suicide. But there is also a significant drive to reduce background noises, because even though they may not result in hearing loss, the cumulative long-term effect of low-volume but persistent unwanted sounds can have significant impact on one’s mental health and stress level.

It can be tricky business drawing the line between “sound” and “noise,” and even the most ardent anti-noise activists agree that context plays a significant role in determining what should be considered noise or, more specifically, noise pollution. Very loud sounds, however sonorous they may be, can cause hearing damage after a period of time, so it would be fair to call a Bach cantata “music” at 80 decibels but “noise” at 130. Likewise, I may enjoy listening to loud music at a concert, but the very same music at the same volume would be noise pollution if it’s occurring in the next room when I’m trying to sleep. On the other hand, there are loud noises that would not be called “pollution.” I want to be disturbed by noises like sirens, back-up alarms, or gunfire when they are necessary to alert me to danger. So the generally agreed-upon definition of “noise” is sound that is unwanted or distracting, and “noise pollution” is the term used for unnecessary, excessive environmental noise.

Crying For Silence

Anti-noise pollution groups have a wide variety of aims. Some concern themselves exclusively with aircraft noise in residential areas, for example; others seek more broadly to regulate any noise (factories, motorcycles, lawnmowers, watercraft, etc.) that threatens the peace and tranquility of the population. There are also movements to regulate workplace noise, to set and enforce safe standards for sound at concerts and clubs, and to reduce or eliminate background music at shopping malls, medical offices, and other public places. The overall message is that second-hand noise is a lot like second-hand smoke: it’s one thing if you want to damage your own health, but quite another to inflict noise on other people nearby who cannot escape it, and yet suffer because of it.

There are more examples of noise pollution than I can possibly list here; more appear every time I turn around. The problem is that most people have become so accustomed to constant noise that they simply don’t notice it anymore. You’ve probably seen signs asking you to turn off your phone in a museum or refrain from talking during movies—these requests must be made explicitly because otherwise it would simply never occur to many people that such sounds might be offensive. The biggest aim of the anti-noise pollution organizations is therefore simply to bring the dangers and annoyances of noise into the public awareness, at which point, they hope, a majority of people will be outraged enough to do something about it—either voluntarily or through legislation. I wish them, of course, the best of luck, though I can’t help noticing the irony of the squeaky-wheel effect: those who complain the loudest tend to get heard, and loudness is precisely the opposite of what anti-noise pollution activists stand for.

Epilogue: The Noisy American

I have traveled to many parts of the world, and based on what I’ve witnessed, I have developed a nearly foolproof metric for identifying Americans: the volume of their voices. English is not intrinsically louder than any other language, but Americans, as a group, tend to speak more loudly than any other nationality I’ve encountered in my travels—even if they’re speaking the local language. I’ve asked people in several other countries if this has been their experience as well, and so far, everyone has agreed with me. This is, of course, a gross overgeneralization, a completely unscientific and unfair one. But I have to wonder: could it be a simple matter of habitually compensating for what has become an incredibly high ambient noise level? How’s that? Oh, I said, “I HAVE TO WONDER…”

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on July 7, 2004.

Image credit: Pixabay


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Author: Joe Kissell

National Whipped Cream Day

A bowl of whipped cream

When we lived in Paris, there was a restaurant we went to occasionally that had a curious item on its dessert menu: a bowl of whipped cream. (In French, whipped cream is either “crème fouettée” or “(crème) Chantilly,” Chantilly being the name of a town near Paris.) I didn’t order it; at the time, that struck me as quite odd, because I’d only ever conceived of whipped cream as a topping, not as a standalone food. But I eventually came around, and I now frequently eat bowls of whipped cream (perhaps with chocolate chips or nuts or whatever). It’s much lighter than ice cream, and yet still satisfying. (For bonus points, I make my own whipped cream, and I use a calorie-free sweetener instead of sugar.) That’s not the only way to celebrate National Whipped Cream Day, of course, but it’s a pretty fantastic way.

Image credit: Pixabay


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Author: Joe Kissell