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41 J. Soc. Welfare & Fam. L. 1 (2019)

handle is hein.journals/jnlosclwl41 and id is 1 raw text is: 


JOURNAL OF SOCIAL WELFARE AND FAMILY LAW                            Routledae
2019, VOL. 41, NO. 1, 1-2
https://doi.org/10.1080/09649069.2019.1554783                       Taylor &Francis Group



Editoria


This first issue of the new year opens with a close examination of the impact of LASPO
on  the practice of family solicitors and CABx working  with low  income  clients in
private law family cases. By the time this issue is published the report of the LASPO
Review  may have reached the public domain. At the time of writing (December 2018),
however, there is little optimism about the possibility of any substantial rolling back of
the policy which came into effect as part of the austerity culture, but had deeper roots in
the lack of confidence within government   and  in particular within the Ministry of
Justice about the value of involving courts and lawyers in such cases. Public money for
private quarrels has long been  a bone  of contention, and particularly so since the
attempts at substituting mediation for adjudication failed and the continuing use of
courts by those without the resources for representation has made the operation of the
court system increasingly troubled. Simone Wong  and  Ruth Cain  carried out a small
but powerful in depth study of solicitors and advice workers, finding solicitors working
in their own time, offering unbundled services, with litigants increasingly 'giving up on
pursuing their cases' with a resulting increase in post separation capital loss, poverty
and debt amongst  clients 'abandoned by the state.'
   Staying with small scale local intensive empirical work, this issue then begins to
broaden  out to take a more international perspective. Maria Wright gives us a snapshot
of how  recent judgments in child protection cases with international connections are
affecting the work of local authority lawyers and social workers, following the judgment
by Sir James Munby  in the case of a 12 year old Slovakian child in Re E (A Child) (Care
Proceedings: European   Dimension)   9[2014]EWHC6(Fam);[2014]   1  WLR   2670. The
series of judgments addressed here gave rise to tension between the need to adhere to
the procedural and  substantive guidance provided in this difficult area, but and was
followed by increasing tension between  the need to follow the guidance and  also to
address the welfare needs of the child concerned.
   The third article in the general section by Vivienne Elizabeth returns to private law,
but focussing on  neither the needs of the children nor the demands   of fathers but
instead talks about the grief of post separation mothers who lose care time . Her title
quotes one mother  as saying ' It's an invisible wound'. The needs and feelings of twelve
mothers  separated from their children are described in New Zealand, where as in other
jurisdictions the experience of losing maternal care time is becoming more common 'as
a result of the gender neutrality of custody laws' and the 'increased emphasis given to
shared parenting as a viable post separation parenting arrangement' . Elizabeth points
not only to the impact on the women  but also the need to consider a relational welfare
approach  to the children's best interests. Moving to Australia we have an intriguing
account of the development  of the use of 'apps' in parenting on the smart phone after
separation from Belinda Fehlberg and Bruce Smyth  with the delightful title of ' Whats


© 2018 Informa UK Limited, trading as Taylor & Francis Group

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