Same-sex marriage a real possibility

The long awaited and much debated gay marriage bill will be published by the Government on Friday. MP’s will be given their chance to vote on these proposals at the bills second reading scheduled for 5th February.

The bill that actively amends the Equality Act 2010 looks to fulfil these aims:

•    enable same-sex couples to marry in civil ceremonies
•    permit those religious organisations which wish to do so can opt in to conduct marriage ceremonies for same-sex couples
•    protect those religious organisations which do not wish to marry same-sex couples from successful legal challenge.

The culture secretary, Maria Miller, stated that the main purpose of the bill was to offer “equal and fair” treatment of gay couples as well as giving the opportunity to religious interaction, where a couple and a religious institution agrees. It is an important to point out that no religious premises or church will be bound to offer such services; it would be entirely down to choice.

She added: “I don’t think it is for any government to tell the Church of England what they do when it comes to something which is so central to religious belief.”
The pressure on the Government has stepped up over the last few years for same-sex marriage to provide the same recognition, acceptance and protection that marriage gives beyond the existing civil partnership laws, especially with the increase of partnerships having their own families.

“The values of marriage bind families and communities together and bring stability. I believe that couples should not be excluded from marriage just because they love someone of the same sex. In opening up marriage to same-sex couples, we will further strengthen the importance of marriage in our society.

“Our proposals recognise, respect and value the very important role that faith plays in our lives. I have always been crystal clear that I would not put forward any legislation that did not provide protection for religious organisations. This Bill protects and promotes religious freedom, so that all religious organisations can act according to their doctrines and beliefs.”

Legal rights for unmarried couples questioned

A comment by Lady Hale has sparked a question over the legal rights for unmarried couples.

The Supreme Court justice expressed her delight by a recent ruling in Scotland by the Edinburgh Court of Session and has called for similar ‘practical and fair’ rulings to be legislated in England and Wales also.

The ruling in question ordered a Scottish man to pay his former partner nearly £40,000 after their relationship broke down.

She said “It does not impose upon unmarried couples the responsibilities of marriage but redresses the gains and losses flowing from their relationship.”

She has also been quoted as being particularly please with how the effects of the Family Law (Scotland) Act introduced in 2006 has improved the lives of cohabiting families who then go on to have children together.

The opposing thought believes that not getting married is a ‘lifestyle choice’ with the consequences of that choice and not taking the legal intuition of marriage vows doesn’t give them any legal rights questioning whether we as a nation should promote couples to marry. This ‘independence of one another’ in turn encourages unmarried mothers and fatherless children which ultimately affects innocent bystanders.

Family Law: Fathers and Grandparents feel no justice

The Family Justice Review report announced today has dashed hopes of divorced or separated fathers and grandparents to their legal rights to access.

For some years improvements to paternity access have been campaigned for, most famously in the superhero stunts performed by Fathers 4 Justice but to no avail. This review described that it will not guarantee that the child involved could have “a meaningful relationship with both parents”.

Other important issues were raised by David Norgrove, civil servant and businessman who chaired the review, were:
•    Increased mediation to prevent cases going to court unnecessarily.
•    The creation of a family justice service to make sure agencies and professionals work together.
•    More specialist judges to hear cases from start to finish ensuring consistency in the system.
•    Less reliance on unnecessary expert witnesses and reports.
•    More specialist judges to hear cases from start to finish ensuring consistency in the system.

On the subject of the court cases itself he said: “We need to eliminate the shocking delays in the system. Every year 500,000 children and adults are involved in the family justice system. They turn to it at times of great stress and conflict.” On this note the review aims to cut down the lengthy legal processes imposing a six-moth ceiling on child protection cases.

He continued “It must deliver the best possible outcome for all the children and families who use it, because its decisions directly affect the lives and futures of all those involved, and have repercussions for society as a whole.”

However most controversially is the recommendations around shared parenting,  proposing to give  all parents advice on drawing up ‘parenting agreements’ to divide the care of their children (which might be seen as seeing the problem through rose petal glasses) however expressing the reasons behind this Mr Norgrove explains “The evidence we received showed the acute distress experienced by parents who are unable to see their children after separation. This is an issue we know countries around the world try to tackle, and fail.”

Such reports have shown that such rights have led to further claims and increased litigation, therefore causing more harm than good.

“Our conclusion was reached reluctantly but clearly. The law cannot state a presumption of any kind without incurring unacceptable risk of damage to children.”
Many fathers and grandfathers who had submitted evidence to review had supported it as an “important step”, the report notes, “reflecting how society has changed and give hope to the thousands of fathers who wish to have an active and appropriate engagement in their child’s upbringing”.

The main worry in this outcome is that when 24% of children under the age of 16 now live in a lone-parent household, increasing divorce rates and more children being born out of wedlock, does this fit comfortably into the family-focussed Tory attitude giving a child a role model from both its mother and father.

Nadine O’Connor, of the Fathers 4 Justice campaign group, said:
‘This report condemns children to a life without fathers with catastrophic social consequences.’

James Deuchars, of Grandparents Apart UK, said: ‘The Tories said before the election that grandparents were going to have more rights. This is a betrayal of that promise. It was all a con and a gimmick.

‘This report is trying to do away with the traditional family. The result will be more bitter and disillusioned young boys who join gangs.’

If you are experiencing these family issues and need support and up-to-date advice our specialist Family Law Solicitor, Sarah Townsend can help you, please call on 01425 278866

.