LS Palmer (Account suspended)

Dear Law Commission,

In the Law Commission's review of how to deal with the rising numbers and costs of family law cases has the law commission considered that CAFCASS could be the problem rather than the solution?

Where CAFCASS is costing the tax payer in excess of £130 MILLION per annum, and the involvement of CAFCASS necessarily involves further lawyers costing the tax payer millions more, would it not be more sensible for children to give live evidence in the majority of cases, or for video evidence of contact sessions to be relied upon rather than the opinion of someone who is effectively a complete stranger to the child?

Wouldn't a better solution be to keep families out of Court and find a solution for families that does not involve court proceedings, such as mediation for couples divorcing and practical support for parents of children in need/at risk?

How many times are care proceedings commenced when there has never been any criminal allegation of abuse or neglect of a child?

Wouldn't it save the public purse massive expense if a criminal conviction for abuse or neglect was a prerequisite for Care proceedings and all other 'at risk' children were offered support in order to stay with families that are not neglecting or abusing them?

Do the Family Courts judge cases as if the children and mothers and fathers are simply 'chattels' belonging to the state who are not protected by any Human Rights?

Is Admiralty law used in the family courts without the mothers and fathers knowing that there is an assumption that they are something other than living human beings?

Is there an assumption in the family court that a mother of a child is a 'strawman'?

Is there a coded language in the Family Court which the mother or father is unlikely to know and without knowing the mother or father is assumed to be something they do not consider themselves to be such as a corporation, a bond, a vessel, a lost soul?

Does a mother or father need to establish standing as a family before a family court judge will offer them Justice which is in line with the rule of law, the natural law, the law of the land and commonly thought of as Just and Humane amongst the general population?

Why are mothers and fathers prevented from publishing details of their case and mentioning the names of the social workers and judiciary when children's identities are protected?

Is there a particular procedure that a mother or father has to go through before precedents and statutes will be adhered to in the Family Courts?

Are the family law courts operating for profit?

Yours faithfully,

LS Palmer

Communications Law Com, Law Commission

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wolchover, Joel, Law Commission

Dear LS Palmer,

Thank you for your email of 17 December 2010.

The Law Commission is a statutory body whose function is to keep the law under review. We are not currently conducting a review of how to deal with what you refer to as the rising numbers and costs of family law cases. This has not been the subject of any of our previous projects and we have no plans at present to undertake a project of this nature in the future.

You may be referring to The Family Justice Review, a review of the family justice system commissioned by the Ministry of Justice, the Department for Education, and the Welsh Assembly Government. For information please see: http://www.justice.gov.uk/reviews/family...

You should also note that we are not a regulatory or judicial body and do not have any active role in the family courts system. For information about the courts, please see the website of Her Majesty's Courts Service (HMCS): http://www.hmcourts-service.gov.uk/

Yours sincerely,

Joel Wolchover

Team lawyer - Property, Family and Trust Law
Law Commission
Steel House
11 Tothill Street
Westminster
LONDON
SW1H 9LJ

Tel: 020 3334 0246
Fax: 020 3334 0201

www.lawcom.gov.uk

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LS Palmer (Account suspended)

Dear Wolchover, Joel,

Please could you answer the question as far as possible. LJ Munby does indeed have a very active role in the Courts.

Please could you advise me of what your purpose is and your budget for fulfilling this purpose.

Yours sincerely,

LS Palmer

Wolchover, Joel, Law Commission

Thankyou for your email. I will be out of the office on the afternoon of
Friday, 31 December and back in the office on Tuesday, 4 January 2011.

I will respond to your message on my return.

If your enquiry is urgent please contact my colleague Eleanor Sanders on
020 3334 0297 or [email address].

Alternatively, urgent emails can be sent to me at [email address].

Please note that emails to this address will not be forwarded
automatically.

Joel Wolchover

Team lawyer - Property, Family and Trust law
Law Commission
Steel House
11 Tothill Street
Westminster
LONDON
SW1H 9LJ

Tel: 020 3334 0246
Fax: 020 3334 0201

www.lawcom.gov.uk

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Wolchover, Joel, Law Commission

Dear LS Palmer,

Lord Justice Munby is the current Chairman of the Law Commission and
also sits as a member of the Court of Appeal. If you are seeking
information in relation to his judicial role, you must contact Her
Majesty's Courts Service (HMCS). The HMCS website address is
http://www.hmcourts-service.gov.uk/. I can only repeat that the Law
Commission is not a regulatory or judicial body and does not have any
active role in the family courts system.

I also repeat that we are not currently conducting a review of how to
deal with what you refer to as the rising numbers and costs of family
law cases. This has not been the subject of any of our previous projects
and we have no plans at present to undertake a project of this nature in
the future. We therefore do not hold the information that you request.

I can advise you of the purpose and budget of the Law Commission. The
Law Commission is a statutory body whose function is to keep the law
under review. The relevant statute is the Law Commissions Act 1965. This
is available online and free of charge at
http://www.legislation.gov.uk/ukpga/1965.... The functions of
the Commissions (the Law Commission for England and Wales and the
Scottish Law Commission, which is a separate organisation) are set out
at section 3 of that Act.

The Law Commission's annual budget is published in each of our annual
reports. Our annual reports since 1996 are available to download free of
charge from our website at http://www.lawcom.gov.uk/ann_reports.htm. For
our most recent annual report, the 44th, the information you require is
at Appendix B on page 69.

Yours sincerely,

Joel Wolchover

Team lawyer - Property, Family and Trust Law
Law Commission
Steel House
11 Tothill Street
Westminster
LONDON
SW1H 9LJ

Tel: 020 3334 0246
Fax: 020 3334 0201

www.lawcom.gov.uk

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LS Palmer (Account suspended)

Dear Wolchover, Joel,

Please could you respond to the part of my question which relates to Admiralty law and standing in the family law courts.

Yours sincerely,

LS Palmer

Wolchover, Joel, Law Commission

Dear LS Palmer,

Your original email asked: "Is Admiralty law used in the family courts
without the mothers and fathers knowing that there is an assumption that
they are something other than living human beings?"

I must admit that I do not understand the question and in any event it
does not appear to be a request for information within the meaning of
the Freedom of Information Act 2000.

As I have repeatedly explained, we are a statutory body whose function
is to is to keep the law under review and recommend reform where it is
needed. We undertake projects on defined topics. We are not able to
answer questions on general points of law unrelated to our work.

Yours sincerely

Joel Wolchover

Team lawyer - Property, Family and Trust Law
Law Commission
Steel House
11 Tothill Street
Westminster
LONDON
SW1H 9LJ

Tel: 020 3334 0246
Fax: 020 3334 0201

www.lawcom.gov.uk

show quoted sections

LS Palmer (Account suspended)

Dear Wolchover, Joel,

What part of the question do you not comprehend?

I am asking for information as to whether Admiralty law is used in the family courts and if it is does anyone explain to the parents what this means?

How can you begin to review the law if you do not know what law is being used in the courts?

Yours sincerely,

LS Palmer

Wolchover, Joel, Law Commission

Dear LS Palmer,

The reason I found your question difficult to understand is that
admiralty law (also referred to as shipping or maritime law) is a
distinct body of law which governs maritime questions and offences. Such
claims are dealt with by the Admiralty Court of the Queen's Bench
Division of the High Court of Justice (see section 20 of the Senior
Courts Act 1981 and Part 61 of the Civil Procedure Rules 1998, both
available online).

It may be that you are referring to the administrative history of the
courts. From the late nineteenth century until 1970, admiralty business
was dealt with by the Probate, Divorce and Admiralty Division of the
High Court. That division was abolished in 1970, with the creation of
the Family Division of the High Court and transfer of admiralty business
to the Queen's Bench Division (JH Baker, An Introduction to English
Legal History (3rd ed 1990) p 143).

I am personally not aware of any situation where the family courts would
be called upon to adjudicate a question of admiralty law and the Law
Commission does not hold any information on the matter. As I have
previously advised you, for information about the courts, please see the
website of Her Majesty's Courts Service (HMCS):
http://www.hmcourts-service.gov.uk/

I am afraid that I am unable to enter into any further correspondence on
this matter. As I have explained, the Law Commission is a statutory body
whose function is to keep the law under review and recommend reform
where it is needed. We undertake projects on defined topics. We are not
able to answer questions on general points of law unrelated to our work.

You may find it helpful to seek the advice of a solicitor who
specialises in either admiralty law or family law. If you are
experiencing difficulty finding a solicitor I suggest you contact the
Law Society who will be able to recommend local firms of solicitors with
the relevant expertise. The Law Society has a Find a Solicitor page on
their website at
http://www.lawsociety.org.uk/choosingand..., or
they can be contacted by telephone on 020 7242 1222.

Yours sincerely

Joel Wolchover

Team lawyer - Property, Family and Trust Law
Law Commission
Steel House
11 Tothill Street
Westminster
LONDON
SW1H 9LJ

Tel: 020 3334 0246
Fax: 020 3334 0201

www.lawcom.gov.uk

show quoted sections

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