Naomi Owen, Team Leader and Partner in Wansbroughs’ Family team, is celebrating 20 years of practicing law. We took the chance to talk to her about how her role specialising in Children Law and Practice
Congratulations on your 20th anniversary with the family team at Wansbroughs. Looking back on those years, what has been the most satisfying element of your role?
A couple of weeks ago, I was finishing up a call with a client and she told me that she always feels better and that things are clearer after we have spoken. Getting that sort of feedback from my clients and knowing that I’ve made things just a little easier for them at a particularly stressful time is very satisfying.
How do you define your role and how you are able to help families?
My role in any family case, whether I am representing a child, a parent or a professional, is to ensure that they understand what is happening and that their voice is heard by those making the decisions. I try to make sure that a solution is found that is best for the children involved in the case, whether that is through contested advocacy or a negotiated settlement.
What are the most common questions that you are asked by families in need of your help?
‘How do I get the Judge to hear my side?’ Family Judges have specialist training to help make sure that everyone has a fair hearing. The law sets out the factors that they need to consider and they will want to hear what each person has to say about those things before they make a decision.
‘Will anyone listen to my child?’ The law says that the welfare of the children must be the paramount consideration in making decisions about their family arrangements and says that the wishes and feelings of the child should be taken into account. The Court can ask CAFCASS (Children and Families Court Advisory and Support Service) or a Children’s Guardian to speak to the children and, in some cases, older children have the opportunity to speak to the Judge directly.
How long is this going to take?’ The reality is that Family Court cases take months rather than weeks to complete at the moment due to the pressures on Court and professional time. Delays can be frustrating and difficult but it is important to remember that these are life-changing decisions that should not be rushed or pushed through without all of the necessary information.
Over recent months and years, what have been the most significant changes to family law and the way it affects separating parents?
The biggest single change in the last 10 years has been the major cut back of Legal Aid for Family Cases, even where parents are on extremely low incomes. Regrettably, this has made it much more difficult for many people to access justice for themselves and their children. More recently, there have been more positive developments in the way that domestic abuse is now more fully recognised and confronted in Family Cases.
Are there common misconceptions around the subject of separating parents?
Sometimes the words that lawyers use can be confusing and cause misunderstandings but I think the most common misconception is that a non-resident parent who pays maintenance is entitled to see the children. Equally, in reverse, that a non-resident parent who does not pay maintenance should not see the children. Money and the welfare of children must not be directly linked in Family Law although paying maintenance is one way for non-resident parents to prove their commitment to the wellbeing of their children.
What is the best advice that you can give to a family going through a separation?
No one can go through a separation without emotional upset. It is important to recognise that upset and the influence it has on your decision making. Try to take a step back and take some time before you act. But most importantly of all, think about the impact that the situation and changes are going to have on the children involved, and try to see things from their point of view. That doesn’t mean agreeing they can have ice cream and chocolate every night but focusing on what is most important to them will help everyone involved make better decisions.
For information or support about Wansbroughs’ Family services please contact the team on 01380 733300 or email email hidden; JavaScript is required