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      in Family Law

      US Supreme Court overturning of Roe v Wade – what does this mean?

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      A week has passed since the US Supreme Court overturned Roe v Wade to remove the constitutional right to legal abortion. Here Stowe Family Lawyer Megan Brookfield reflects on the unparalleled decision, and what it means. 
      Last week, the US Supreme Court overturned the landmark case of Roe v Wade 1973, which provided women with a constitutional right to an abortion. The opinion, drafted by Justice Samuel Alito stated that the judgement in the case was ‘egregiously wrong”.
      Roe v Wade
      The Court in the landmark 1973 case ultimately determined that it was a woman’s right to privacy to seek an abortion during the first trimester of pregnancy. After the first trimester, the ruling allowed states to regulate abortions, except when necessary to protect the life or health of the mother. Thereafter, the later case of Planned Parenthood v Casey 1992 reaffirmed the landmark case and a woman’s right to abortion, however it broadened the power given to state to regulate and restrict abortions. Several states already had restrictive legislation in place following this case.
      The new ruling on Friday 24th June came from the case of Dobbs v Jackson Women’s Health Organisation. The Lord Justices who ruled on this case provided that abortion is no longer a constitutional right and instead, each individual state shall determine whether they will allow abortion to be legalised. It is expected that over half of the states in the USA will likely restrict abortion access.
      It is understood that a number of these states have already passed trigger laws which automatically ban abortion and such laws came into effect the moment Roe v Wade was overturned. Whilst some may carry an exception to the prohibition where there is a risk to the life of the mother, some states who impose the ban will not allow exemptions for cases involving rape or incest.
      It is extremely important to remember that abortion is not purely for women who do not want to be pregnant. Abortion procedures also form a major part of healthcare for women who wanted to carry their pregnancy to full-term, but now face life threatening issues such as ectopic pregnancies, miscarriage, stillbirth, or medical conditions that are not compatible with life. Irrespective of the circumstances, it’s indisputable that without safe and controlled management of abortion, women risk significant and long-term medical complications, trauma, and potential death.
      What the decision means
      Whilst pro-life campaigners celebrate the decision, the overturning of this landmark case is indeed going to have a number of widespread consequences. It is important to remember that whilst the US may prohibit abortions, it does not mean they are not going to continue to happen.
      Instead, to seek a legal abortion some women will travel thousands of miles to states which do continue to allow it. It’s also likely there will be a rise in home abortions and a reduction in the number of medical professionals who are willing to perform this procedure which now carries the risk of prosecution. In particular, for women who may experience financial difficulty and are unable to travel to a state which allows for abortion to take place, we are likely to see a rise in DIY abortions which carries significant risks.
      Understandably, thousands of people have gathered to protest outside the US Supreme Court, outraged by the decision. The true extent of the impact the removal of the right to abortion is likely to have on America and the rest of the world is yet unknown. There are however a number of assumptions which can be made about the outcomes for pregnant women and their families:

      The health of women will undoubtedly suffer
      Lack of access to abortion will compound and cause financial difficulty
      Mental health issues are almost certainly going to rise
      There will also be an increase in children being placed into the care system.

      What’s next?
      Whilst the recent case solely deals with the issue of abortion, Justice Clarence Thomas states within his opinion that a number of other landmark cases should be revisited. These cases are Griswold v Connecticut 1965, a case in which the Court ruled that married couples should be protected to buy and use contraceptives without government restrictions, Lawrence v Texas 2003, which legalised same sex relationships and sexual activity in every state across USA, and Obergefell v Hodges 2015, which legalised same sex marriage.
      This is indeed a very concerning time for America and the rest of the world. For women in America, a law which was in place protecting their right to abortion for half a century has now been overturned, removing a significant layer of autonomy. This highly sensitive and multifaceted issue, is now the topic of an intensely controversial social and political debate. A reversal of legislation to this extent is almost unprecedented and as such has the potential to affect the rights of more women globally. More

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      in Children

      The best books to help children understand divorce

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      It is regularly quoted that close to 50% of marriages end in divorce, but for the families behind the statistics it is incredibly new and unsettling. For children, it can be an especially confusing and worrying time. Reading books about divorce and separation with your child is a helpful way to support them through divorce, explain what’s happening now and prepare for the future.
      By exploring the themes through the eyes of other children in age appropriate books they can better understand their circumstances and emotions, and feel reassured that they are not alone, it’s not that fault and that change can be for the better.
      I have seen the positive impact reading can have on children dealing with the divorce process. Here is a list of books that I have used when working with clients and their children:
      Books for older children (recommended 9+)
      The Suitcase Kid by Jacqueline Wilson
      When my parents split up they didn’t know what to do with me . . . My family always lived at Mulberry Cottage. Mum, Dad, me – and Radish, my Sylvanian rabbit. But now Mum lives with Bill the Baboon and his three kids. Dad lives with Carrie and her twins. And where do I live? I live out of a suitcase. One week with Mum’s new family, one week with Dad’s.
      Deals with: having two homes, blended families
      Goggle Eyes by Anne Fine
      Kitty Killin is not only a good storyteller but also the World’s Greatest Expert when it comes to mothers having new and unwanted boyfriends. Particularly when there’s a danger they might turn into new and unwanted stepfathers…
      Deals with: new partners, step-parents
      Mum, Dad Can You Hear Me? By Despina Mavridou
      Irene, is a 10-year-old girl whose parents are getting a divorce. In the midst of her confusion and helplessness, Irene turns to her diary to express her feelings and better process her parents’ divorce. With the help of her grandmother and her teddy bear she finds a way to make her parents listen to her.
      Deals with: expressing emotions
      Clean Break by Jacqueline Wilson
      Em adores her funny, glamorous dad – who cares if he’s not her real father? He’s wonderful to her, and to her little brother Maxie and sister Vita. True to form at Christmas, Dad gives them fantastic presents, including a real emerald ring for his little Princess Em.
      Unfortunately, he’s got another surprise in store – he’s leaving them. Will Dad’s well-meaning but chaotic attempts to keep seeing Em and the other children help the family come to terms with this new crisis? Or would they be better off with a clean break – just like Em’s arm?
      Deals with: rejection, absence, step-parents
      It’s not the end of the world by Judy Blume
      Karen’s parents have always argued, and lately, they’ve been getting worse. But when her father announces that they’re going to get divorced, it seems as if Karen’s whole world will fall apart. Her brother, Jeff, blames their mum. Her kid sister, Amy, asks impossible questions and is scared that everyone she loves is going to leave. Karen just wants her parents to get back together. Gradually, she learns that this isn’t going to happen – and realizes that divorce is not the end of the world.
      Deals with: family conflict and separation
      Books for younger children (recommended 3-8 yrs)
      Mum and Dad Glue by Kes Gray
      A little boy tries to find a pot of parent glue to stick his mum and dad back together. His parents have come undone and he wants to mend their marriage, stick their smiles back on and make them better. This rhyming story is brilliantly told with a powerful message that even though his parents may be broken, their love for him is not.
      Deals with: coming to terms with parents’ separation
      Where Did You Go Today? By Jenny Duke
      A little girl goes to the park with her dad and has a fantastic time climbing, swinging and sliding: the play transports her to imaginary locations, like sliding down a snowy mountain, sailing on a roundabout ship out to sea and racing on a camel in the desert while bouncing on her ride-on playground animal. Finally, it’s time for dad to take her home and say a cheerful goodbye to her and mum.
      Deals with: paternal separation
      The Family Fairies by Rosemary Lucas
      Rosemary’s primary aim was to provide the foundations for other adoptive families to help explain their own remarkable journeys… storytelling to help children understand that families come together in different ways.
      Deals with: the adoption process

      The Invisible String offers a very simple and reassuring approach to overcoming loneliness, separation, or loss with an imaginative twist that children easily understand.
      Deals with: separation anxiety, reassurance
      Two Homes by Claire Masurel
      In this award-winning picture book classic about divorce, Alex has two homes – a home where Daddy lives and a home where Mummy lives. Alex has two front doors, two bedrooms and two very different favourite chairs. He has a toothbrush at Mummy’s and a toothbrush at Daddy’s. But whether Alex is with Mummy or Daddy, one thing stays the same: Alex is loved by them both – always. This gently reassuring story focuses on what is gained rather than what is lost when parents divorce, while the sensitive illustrations, depicting two unique homes in all their small details, firmly establish Alex’s place in both of them. Two Homes will help children – and parents – embrace even the most difficult of changes with an open and optimistic heart.
      Deals with: parents’ separation, moving between two homes
      The Great Big Book of Families by Mary Hoffman
      What is a family? Once, it was said to be a father, mother, boy, girl, cat and dog living in a house with a garden. But as times have changed, families have changed too, and now there are almost as many kinds of families as colours of the rainbow – from a mum and dad or single parent to two mums or two dads, from a mixed-race family to children with different mums and dads, to families with a disabled member. This is a fresh, optimistic look through children’s eyes at today’s wide variety of family life: from homes, food, ways of celebrating, schools and holidays to getting around, jobs and housework, from extended families, languages and hobbies to pets and family trees.
      Deals with: change in family dynamics, non-traditional families

      Mum and Dad don’t live together any more. so sometimes this little girl lives with her mum and her cat. and sometimes she lives with her dad. She has two bedrooms and two sets of toys. but she takes her favourite toys with her wherever she goes.
      Deals with: parents’ separation, moving between two homes
      Books for very young children (2+)
      I’ll never let you go by Smriti Prasadam-Halls
      When you aren’t sure, you’ll feel me near,When you are scared, I will be here.When you are high, when you are low,I’ll be holding your hand and I’ll never let go.
      A tender and heartfelt picture book. With reassuring words offering a message of unconditional love, and illustrations bursting with exuberance, warmth and humour.
      Deals with: comfort and reassurance
      Living with mum and living with dad: my two homes
      Mum and Dad don’t live together any more, so sometimes this little girl lives with her mum and her cat, and sometimes she lives with her dad. She has two bedrooms and two sets of toys, but she takes her favourite toys with her wherever she goes. This simple, warm, lift-the-flap book with bold and colourful illustrations is a reassuring representation of separation for the youngest children. Melanie Walsh is sympathetically alive to the changes in routine that are familiar to many children who live with separate parents and are loved by both.
      Deals with: moving between homes, changes to routine
      The Family Book by Todd Parr
      Some families have two moms or two dads. Some families have one parent instead of two. Some families live in a house by themselves. Some families share a house with other families. All families can help each other be strong!
      The Family Book celebrates families and all the different varieties they come in. Whether they’re big or small, look alike or different, have a single parent or two, Todd Parr assures readers that every family is special in its own unique way.
      Deals with: looking at different kinds of families
      Guess how much I love you by Sam McBratney
      Sometimes, when you love someone very, very much, you want to find a way of describing how much you treasure them. But, as Little Nutbrown Hare and Big Nutbrown Hare discover, love is not always an easy thing to measure. The story of Little and Big Nutbrown Hares’ efforts to express their love for each other.
      Deals with: comfort and reassurance
      Useful links:
      The Book Trust: Best children’s books to help talk about divorce and separation
      Get in touch
      If you need support and advice on getting a divorce, please do get in touch with our Client Care Team at the details below or make an online enquiry More