• Links
• News
• Careers
• Fees and Funding
• About Us
• Home

Schedule 1 Application - Children Act (29 February 2012)

 

Under Schedule 1 of the Children Act, you can make a financial application for a child to the court relating to maintenance payments and property settlement. This will cover periodic maintenance payments and periodical lump sum maintenance payments as well as the settlement and/or the transfer of property, and in certain circumstances, it is possible for the court to issue an order for periodic payments in the interim. These applications are usually made through the county court.

 

 

Child Maintenance-what am I entitled to? (6 February 2012)

 

You may be entitled to make a claim for child support or maintenance from the non-resident parent if you are raising one or more children on your own. This is a periodic payment arranged privately between the parents, and your local Child Support Agency (CSA) might collect and handle the payments on your behalf if you are not dealing directly with your partner anymore. The CSA can also trace and issue enforcement orders to absentee parents who are not contributing to the child’s upkeep.

 

 

Children Proceedings after Parental Murder (20 December 2011)

 

How Should They be Funded? The funding issues faced when resolving issues relating to the children of a murdered parent. By Omoye Egboh. Two recently reported cases represent a rise in cases where one parent has killed another.

 

 

What is the legal process for adoption? (7 November 2011)

 

The entire adoption process, from initial assessment to approval, normally takes around eight months to complete, although it can sometimes take longer.

 

 

Declaration of parentage (2 November 2011)

 

If the natural father’s details need to be added to a child’s registration document or if, since the birth of a child, its parents have married each other, then the child’s birth will have to be re-registered,

 

 

Wardship (2 November 2011)

 

When it is no longer possible for a person to manage their assets, because of some form of mental incapacity, then application can be made for them to become a Ward of Court. It will be up to the court to decide whether they are capable of managing their own property for both their own benefit and for the benefit of their dependents.

 

 

Assessment of Parents in Care Proceedings (28 October 2011)

 

S (A Child) [2011] EWCA Civ 812 - Assessment of Parents in Care Proceedings – Appeal by mother against refusal of an assessment under s.38(6) Children Act 1989.

 

 

Disclosure of Childcare Proceedings Documents in Other Proceedings (28 October 2011)

 

A common issue that childcare lawyers are likely to face is where clients have overlapping matters or matters where the outcome of one case will invariably have an impact on the other. The most common example which comes to mind is where a client has ongoing immigration proceedings alongside their childcare proceedings.

 

 

An analysis of RE F (INTERNAL RELOCATION) [2010] EWCA Civ 1428 CA, and its impact within children act proceedings (28 October 2011)

 

The correct way to deal with a parent’s objection to internal relocation is by issuing a Prohibited Steps Order (PSO). As with all s.8 contested applications, when deciding whether the court should make an order, the court will examine the welfare principle under s.1(1) of the Children Act 1989, and the welfare checklist under s.1(3) of the children Act 1989.

 

 

Duncan Lewis opens new office in South West London (13 June 2011)

 

Duncan Lewis has opened a new office in Tooting Broadway on Monday 13th June 2011. Duncan Lewis has relocated from their office in Clapham Junction (which is due to be redeveloped) to Tooting to maintain the firms presence in the South West of London.

 

 

Fact Finding Hearings in private law proceedings (6 June 2011)

 

The following article addresses fact finding hearings which are frequently used in private law, children disputes where allegations of domestic violence are alleged by one parent against another.

 

 

Relocation of Children (6 June 2011)

 

Relocation cases are heart-rending cases with drastic implications for the whole family. It is this that lies at the heart of the court's dilemma.

 

 

Children in Immigration Cases (18 April 2011)

 

Thousands of people settle in the UK every year after obtaining valid leave to remain here, but in many cases, they do so without the appropriate means of leave. One thing is certain though, families are bound to be formed. Status or no status children end up coming and to that extent their rights too have to be considered.

 

 

Analysis of Hair Strand Testing for alcohol in Children Act Proceedings (18 April 2011)

 

Guidance has been provided in the recent case of London Borough of Richmond upon Thams v B [2010] EWCA 2903 (fam) as to the use of hair strand testing for alcohol in Children Act Proceedings.

 

 

Relocation of Children (18 April 2011)

 

Relocation cases are heart-rending cases with drastic implications for the whole family. It is this that lies at the heart of the court's dilemma.

 

 

Missing Children (28 March 2011)

 

Losing a child is always a problem. Whether it be in moment of panic or over a number of years, this can cause severe anguish for the parents concerned. As we are all too frighteningly aware, this is a problem that will simply not disappear. I only have to refer you to the ongoing McCann search to highlight the anguish and despair suffered by the parents through not knowing the whereabouts of their child.

 

 

An analysis of the Supreme Court decision on domestic violence in Yemshaw v London Borough of Hounslow [2011] and the implications of the ruling (28 March 2011)

 

The Supreme Court unanimously ruled that 'violence' in homelessness cases includes psychological as well as physical abuse in the case of Yemshaw v London Borough of Hounslow [2011] UKSC 3. The issue the case presented was whether the word 'violence' in s.177 (1) of the Housing Act 1996 was limited to physical contact or whether its scope extended to other forms of violent conduct.

 

 

How Effective has the Hague Convention on the Civil Aspects of International Child Abduction 1980 been in securing the prompt return of an abducted child. (18 October 2010)

 

The United Kingdom has seen a 50% increase since 1995 in the number of children being abducted. It was in recognition of the alarming numbers of abducted child and to address this problem that The Hague Convention on the Civil Aspect of International Child Abduction 1980 was introduced, providing the international legal community with a framework to safeguard the rights of abducted children.

 

 

Care proceeding application fees to be abolished (18 October 2010)

 

In May 2008 fees for care proceedings increased from £150 to £4,825, which led to a decrease in applications being made by Local Authorities. Despite the Justice Secretary Jack Straw claiming the dip was not due to the fee increase he still believed that these should nonetheless be abolished. Therefore from April 2011 Local Authorities will not have to pay a fee to issue care proceedings.

 

 

Duncan Lewis Trainee offered Solicitor roles in Child Care Team, Clapham Junction (18 October 2010)

 

Duncan Lewis is committed to providing training and has shown in the past that there are career progression opportunities at the firm. Sophie Burchett joined Duncan Lewis as a caseworker and then progressed onto being a trainee solicitor.

 

 

Family and Child Care team expands at Duncan Lewis (12 October 2010)

 

Duncan Lewis are pleased to announce that their Child Care and Family team in Shepherds Bush has expanded.

 

 

Special Guardianship (25 August 2010)

 

Special Guardianship orders are a result of the Prime Minister’s review of adoption and subsequent white paper ‘Adoption: the new approach’ which reported that children tended to prefer the sense of security that adoption could offer over long term fostering but a number of older children were reluctant to sever ties from their birth family, therefore making adoption an inappropriate option.

 

 

The Brussels II Regulation (25 August 2010)

 

The Regulation applies as of 1st March 2005 to all member states of the European Union, with the exception of Denmark. It is there to establish uniform procedures to ensure a child’s prompt return to the state of their habitual residence as well as to secure protection for rights of access.

 

 

Participating in Child Care Proceedings - Becoming a ‘party’ to a case (25 August 2010)

 

For many clients who are about to embark on Child Care proceedings, having the ability to be present in the court room and to be involved in the proceedings is an important consideration. At Duncan Lewis, we pride ourselves on being able to provide advice and empower our clients to ensure that their case is presented in the best possible manner.

 

 

Special Guardian Allowances (2 August 2010)

 

There has been recent case law regarding payment of Special Guardianship Allowances and the amount that should be paid by Local Authorities. Often foster carers may decide to keep a child permanently and opt for a special guardianship in respect of that child as opposed to a Residence Order or Adoption. Likewise, family members may decide to become Special Guardians for children they are caring for. In such circumstances, the Local Authority has to assess the family and consider what rate of Special Guardianship Order allowance to pay.

 

 

Domestic Violence (2 August 2010)

 

The law relating to domestic violence has changed vastly since its introduction, and with the amendments to the category of ‘associated persons’ protection from domestic abuse can be obtained against more people at present. The protection from domestic abuse can be obtained under the Family Law Act 1996, and also under the Protection from Harassment Act 1997.

 

 

Private Law Proceedings and Cafcass (5 July 2010)

 

Delay in private law cases coming to a satisfactory conclusion goes against one of the main principles underpinning the law relating to children, this being that any delay is likely to prejudice the welfare of the child.

 

 

Enforcement of Ancillary Relief Orders (5 July 2010)

 

There are a variety of steps which can be taken to enforce a financial order which has not been fully complied with. However it should be noted that before any process is issued for the enforcement of an order governed by the Family Proceedings Rules 1991, for the payment of money to any person, an affidavit (sworn statement) must be filed with any application, verifying the amount due under the existing order and clearly showing how the amount due has been calculated.

 

 

The Cafcass crisis and Public law proceedings (5 July 2010)

 

In public law proceedings Family Court Advisors act as Children’s Guardians and have an important role within the proceedings. Upon the issuing of an application for a care or supervision order, which is usually made by the Local Authority, the Court will notify Cafcass, who is under a duty to allocate a Family Court Advisor to the case.

 

 

Cohabitation Reduces Maintenance Payment (7 June 2010)

 

A man who was ordered to pay his wife £125,000 in maintenance has been successful in obtaining the agreement of the court to recalculate the payment after a private detective produced evidence that his ex-wife had set up house with another man, with whom she had a child.

 

 

Disclosure in Ancillary Relief Proceedings (7 June 2010)

 

It can be safely assumed that in most cases if Ancillary Relief Proceedings have been issued, one or both parties will suspect that the other has assets or property that they have failed to disclose in a deliberate attempt to defeat their claims.

 

 

International Child Abduction and the Hague Convention on the Civil Aspects of International Child Abduction (1980) (7 June 2010)

 

The issue of Child Abduction has become an ever more increasing worry for parents and children alike over recent times. As a result England and Wales have entered into numerous agreements to safeguard the rights of the non-abducting parent and the children

 

 

Partner Amanjit Lalli achieves Domestic Violence Panel membership (31 May 2010)

 

Amanjit Lalli has recently attained her Domestic Violence Panel membership. Amanjit already has a list of Panel Memberships, making her very experienced in her field for Children and Family Law.

 

 

The importance of Fact Finding Hearings (10 May 2010)

 

The underlying principle in all applications for Contact and Residence is the welfare of the child. Accordingly, the Court is under a duty to consider any allegation of domestic violence (physical or verbal) made against a party within the proceedings or against the child. The duty is continuing and the risk of domestic violence is considered at all stages.

In order to consider allegations of domestic violence a Fact Finding Hearing maybe directed at any stage. Fact Finding Hearings are regulated by the Family Law Practice Directions and form an integral part of “trying a case” as opposed to being a separate exercise.

 

 

Child Care Team Expansion: Phuong Truong Joins Duncan Lewis (12 April 2010)

 

Phuong qualified as a solicitor in December 2000 and has specialised in all areas of family law since, including divorce, financial disputes, cohabitation, S14 TOLATA and all private law children matters, contact, residence.

 

 

It is for the Courts to Decide on Child Protection (12 April 2010)

 

A recent case concerning a baby boy who had suffered abuse has led the Supreme Court to clarify the role of the courts in child protection cases.

 

 

Child Care Team Expansion: Melita Johnson Joins Duncan Lewis (1 March 2010)

 

Melita joined Duncan Lewis Solicitors in March 2010. She is a senior Child Care Solicitor based at the New Cross Gate office.

 

 

Child Care Team Expansion: Georgina Suman Joins Duncan Lewis (1 January 2010)

 

Georgina qualified as a Solicitor in 2004 and joined Duncan Lewis in January 2010, specialising in Family Law. She is a member of the Law Society Family Law Accreditation Panel.

 

 

Pre-Nups – Not Quite There Yet (1 September 2009)

 

The recent case in which the Court of Appeal ruled that a German heiress was able to rely on a pre-nuptial agreement made with her husband was widely reported as meaning that the traditional view of the courts, that ‘pre-nups’ are little more than persuasive, was shattered

 

 

Divorce – Future Pension Not Taken Into Account (1 September 2009)

 

A recent, bitterly contested ‘big money’ divorce case shows how reluctant the courts are to upset financial settlements on the basis of contingencies and reinforces the point that bad behaviour is not a basis for changing the division of the assets

 

 

Court Must Hear Evidence Before Deciding (1 September 2009)

 

Cases involving the custody of children are often very contentious and need to be approached with sensitivity and care

 

 

Is a Child to Blame? (1 July 2009)

 

The interpretation of the laws that apply when a child is to be adopted by prospective adopters who live in a foreign country remains unclear, following two recent rulings

 

 

Judge Uses Discretion in Contact Proceedings Case (1 July 2009)

 

The interpretation of the laws that apply when a child is to be adopted by prospective adopters who live in a foreign country remains unclear, following two recent rulings

 

 

Parental Responsibility Prior to Adoption Abroad (1 March 2009)

 

The interpretation of the laws that apply when a child is to be adopted by prospective adopters who live in a foreign country remains unclear, following two recent rulings.

 

 

Looked After Children (1 March 2009)

 

Children under 18 may be 'looked after' by local authorities under a number of legal arrangements.
A recent decision of the Court of Appeal considered the responsibility of the local authority towards a 17-year-old boy who had nowhere to live but who, it deemed, was merely in need of help in obtaining accommodation.

 

 

New Vetting Agency to Start Work Next Year (30 June 2008)

 

The new Independent Safeguarding Authority (ISA) is due to commence operations in October 2009 and will be responsible for vetting the millions of people seeking to work with children or vulnerable adults. The ISA was established in January 2008 by the Safeguarding Vulnerable Groups Act 2006.

 

 

Willingness to Improve Enables Father to Regain Custody (18 April 2008)

 

A father who showed significant improvement in his ability to look after his son has been granted custody of the child by the Court of Appeal.

 

 

Taking Children into Care - The Legal Process (23 March 2008)

 

We often hear of children being taken into care, but the process by which this occurs is not well known.

 

 

Proposals to Protect Cohabitees (12 July 2007)

 

The number of people who are living together in a relationship but who are neither married nor civil partners continues to rise.

 

 

An Intelligent Legal Advice of Child Care Law Specialist (29 June 2007)

 

Child care support is an important legal issue to be dealt with special expertise and competence.

 

 

Consult Child Support Lawyer In Children Related Legal Issues (29 June 2007)

 

Frightened by the prospects of meeting a lawyer? It is quite a daunting task for many people to approach the right

 

 

Legal Support for Child Care (24 June 2007)

 

Duncan Lewis & Co, a leading legal firm, has a special department for providing legal support to child care related cases.

 

 

Adoption Agency Need Not Consult Father (18 June 2007)

 

The Adoption and Children Act 2002 does not require a local authority or other adoption agency to consult the father

 

 

Care Orders – New Procedures (14 June 2007)

 

A care order is a court order that places a child under the care of a local council.The local council then shares parental

 

 

Child Custody – Expert Evidence Crucial (8 June 2007)

 

A judge who in her verdict in a child care case failed to give adequate reasons for departing from the clear evidence

 

 

Children Say ‘No’ and the Court Agrees (1 June 2007)

 

In what has been described as a highly unusual decision, two English boys who disliked living in France with their mother