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What is in a name- The legal position on changing a child’s forename or surname. (29 April 2013)

 

Naming a child is one of the most important decisions parents make together; so is it justified for the resident parent to simply change their child’s forename or surname when their relationship breaks down?

 

 

Legal Aid Cuts for Divorce; Cohabitees & Children Matters are Just around the Corner (22 March 2013)

 

It is very important for those who may be considering separation, or are separating and believe that they may be eligible for legal aid that they seek our advice & assistance before the 31st March 2013.

 

 

Social Services and Child Protection - Busting the Myths and Facing the Realities (20 March 2013)

 

As a child care law solicitor I advise and represent parents where social services have child protection concerns. This article is designed to shed some light on what a parent can and should expect from social services when there are concerns about the welfare of their child and to highlight the key advice I give to parents.

 

 

Know Your Pension Rights in Divorce (18 March 2013)

 

For many people, their pensions can be one of their most important and valuable matrimonial assets. The treatment of those rights can be one of the most complex aspects of a divorce or dissolution settlement. When deciding such matters, Courts take many different factors into account and each party will need professional advice to determine which of the many available options is best for them.

 

 

“DIY” Divorce- Treat with Caution (1 February 2013)

 

January & February are often referred to as ‘Divorce Months’ due to the fact that there are more people seeking advice on divorce during this period than at any other in time in the year.

 

 

Is your husband selling your home without your consent- Your Rights & Entitlements explained. (21 January 2013)

 

Following the breakdown of a marriage or in situations of marital discord, it may come to your attention that your partner wishes to transfer or sell the matrimonial property including the home you live in without your permission or even your knowledge.

 

 

Understanding the legal term “Domestic Abuse” can be a real life saver. (7 January 2013)

 

Domestic abuse impacts greatly on our community and as a society we must provide assistance where possible to those who are victims.

 

 

How do I get my jewellery back (7 January 2013)

 

Addressing the safe return of a Bride’s Dowry upon separation following domestic abuse requires prompt legal assistance and a lawyer that understands.

 

 

April 2013 Legal Aid Cuts for Divorce, Cohabitees & Children Matters are just around the corner. (18 December 2012)

 

At this time of year, many of us will look to the future and consider changes in our personal lives which affect our families.

 

 

Safeguarding your family legal rights - the crucial importance of ensuring that your foreign marriage or divorce is recognised in English Law (30 October 2012)

 

Although the courts in England & Wales strives to recognise both foreign marriages/foreign divorces, understanding that their validity and recognition in England/Wales is of a fundamental importance is paramount in ensuring the safeguard of a divorced spouse’ legal rights and entitlements that will follow.

 

 

Safeguarding your family legal rights - the crucial importance of ensuring that your foreign marriage or divorce is recognised in English Law (30 October 2012)

 

Although the courts in England & Wales strives to recognise both foreign marriages/foreign divorces, understanding that their validity and recognition in England/Wales is of a fundamental importance is paramount in ensuring the safeguard of a divorced spouse’ legal rights and entitlements that will follow.

 

 

Duncan Lewis’ receives Legal 500 2012 rankings in Family/Child Care; Immigration & Public Law (25 September 2012)

 

In the latest Legal 500 edition announced on 20th September, Duncan Lewis is pleased to announce rankings received in the practices of Family/Child Care; Immigration & Public Law. Published for over 20 years, the Legal 500 Service provides the most comprehensive worldwide coverage available on legal services providers in over 100 countries.

 

 

What is Mediation (6 September 2012)

 

Mediation is an alternative to litigation and can be used to settle family disputes and/or make arrangements about children, finances or other personal matters. The aim of mediation is to find a solution and make arrangements for the future.

 

 

What is Parental Responsibility (5 September 2012)

 

Parental responsibility is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. In more practical terms, having parental responsibility for a child means having a duty to care for and protect the child and having the responsibility of making important decisions in a child’s life and regarding the child’s future, such as those in relation to education, religion and medical treatment.

 

 

Family Drug and Alcohol Court [FDAC] - Findings from the FDAC evaluation (1 September 2012)

 

The Family, Drug and Alcohol Court (FDAC) is a specialist problem solving court with a multi-disciplinary team which works with the court during care proceedings in which the issues involved are centred on the parent’s drug or alcohol misuse. It began hearing cases in January 2008. FDAC essentially uses the process of the care proceedings to motivate the parents to engage in substance misuse treatment. FDAC aims to provide speedy expert assessments, support to parents, and links to the local authority services and quick access to a dedicated team of children’s guardians. It additionally aims to have judicial continuity as there are two dedicated FDAC Judges.

 

 

Are Children Safe in Care (10 August 2012)

 

Recent reports have revealed that children being placed in care are subject to sexual abuse. This was highlighted in May when the conviction this year of nine men in a child sex ring sparked concerns about the safety of children's homes.
Children are usually removed by the Local Authority from their families as they are deemed to be at risk of significant harm however when these children are often removed they are being placed with foster carers or when there is no placement available they are being placed within Children’s homes.

 

 

Reflections of a Children Panel Solicitor (10 August 2012)

 

It has been 9 years since I was asked to join Duncan Lewis Solicitors to set up the Childcare Department, in the then main building at Hackney.

 

 

A week in the life of a Childcare Solicitor (8 August 2012)

 

As a childcare solicitor, you give an undertaking that you will attend all of your hearings. I try and do this although sometimes this isn’t possible due to double booking.

 

 

Duncan Lewis welcomes Adeeba Naseem, Family/Child Care Solicitor to Harrow (1 August 2012)

 

We look forward to working with Adeeba Naseem, a highly experienced and able Family/Child Care Solicitor with Children Panel Membership, who will be joining us at Duncan Lewis from 1st August 2012 in our Harrow branch.

 

 

Appointing a Guardian under the Children Act 1989 (24 July 2012)

 

Parental Responsibility ( PR) means all the rights, duties & powers, responsibilities & authority, which by law the parent of a child has in relation to that child and their property. All birth mothers automatically have PR for their children. Most fathers have or acquire PR for their children at some stage, either through marriage, by signing the birth certificate, by signing an Agreement with the mother or by obtaining a court order.

 

 

The Law on Prenuptial Agreements (3 May 2012)

 

A prenuptial is an agreement whereby a couple, prior to marriage, decide the division of money and property in the event of a divorce.

 

 

The Law on Maintenance Pending Suit and Legal Fees (23 March 2012)

 

Section 22 of the Matrimonial Causes Act 1973 allows an application for maintenance pending suit (maintenance during Court proceedings). If an order is granted, the Court can require one party to the marriage to pay periodical payments to the other party for such a term as the Court thinks reasonable. The term cannot start before the date of the presentation of a petition and ends on the date of the determination of the case.

 

 

Unmarried couples - Trust for Land and Appointment of Trustee Act (12 March 2012)

 

The law for dealing with unmarried couples and their property is complex. If they are only living together rather than being married, their jointly owned property issues are covered by property law in England, and much of this is based in common law. Case decisions in the House of Lords, the High Court and the Court of Appeal have formed this down the years and indeed, centuries.

 

 

I am being stalked - Protection from Harassment (16 February 2012)

 

Political and public concerns about problems associated with stalking led to the passing of the Protection from Harassment Act in 1997. It was generally considered that the existing criminal and civil laws that were currently in place to deal with such issues were not providing adequate protection and that new legislation needed to be put in place to meet the needs of society.

 

 

Legal 500 Firm Duncan Lewis welcomes leading lawyers, Emine Mehmet and Kelly Rogers to its Family/Child Care & Housing Departments respectively (16 January 2012)

 

Duncan Lewis & Co welcomes Emine Mehmet and Kelly Rogers, both previously Directors at Pollecoff Solicitors, to its Family/Child Care & Housing Department respectively.

 

 

Divorce Lottery in light of S v AG (Financial Remedy: Lottery Prize) by Lucine Shahbazian (20 December 2011)

 

On divorce, both the Petitioner and Respondent can make a claim for financial relief against the other. All assets, owned jointly or solely, by either party to the marriage, form part of the matrimonial kitty to be divided between the parties (following s.25(2)(a) MCA 1973).

 

 

What are pre-nuptial and post-nuptial agreements? (7 November 2011)

 

Pre-nuptial agreements are entered into before a marriage in order to lay out in clear terms the financial settlement in the event of a future divorce or separation and are designed to help protect the financially weaker of the parties. Post-nuptial agreements are entered into after the marriage to ensure that one party did not enter into the marriage only if the agreement was in place.

 

 

The role of contact centres (7 November 2011)

 

Family contact centres are neutral, friendly and informal places where parents, siblings and children of separated families can spend time together in a safe and supportive environment. Such centres are often called child contact centres to stress the fact that their main role is to provide a child-centred environment, which includes games, toys and a range of facilities that are designed to address the diverse range of needs of children who have been affected by family breakdown.

 

 

How to enforce contact orders (7 November 2011)

 

When families split up, in over 90 percent of cases there is a mutually satisfactory agreement between the separated parents concerning their children’s living arrangements. Of the rest, the parties tend to end up in court, where decisions are taken regarding levels of access and other matters. Court orders will be made which, though the parents may not be happy with, at least they have to abide by and an understanding is reached on that basis.

 

 

Disclosure in ancillary relief proceedings (4 November 2011)

 

In divorce cases in England and Wales, the divorce itself is considered the most important factor, with matrimonial assets and other financial matters taking a secondary or ancillary position in the proceedings. As both parties are usually in agreement concerning the divorce there are normally no problems with this part of the arrangement or about arrangements for any children involved. However, there are frequently disputes about the financial assets of both parties, including such matters as pension rights.

 

 

What is considered to constitute domestic violence? (4 November 2011)

 

Domestic violence is any form of sexual, physical, financial or psychological violence taking place within the context of a family-type relationship and forming part of an overall pattern of controlling and coercive behaviour. Domestic violence also covers such situations as ‘honour crimes’ and forced marriages and can include a very wide range of abusive behaviour, which, if taken separately, would not normally be thought of as ‘violent’.

 

 

Are foreign marriages recognised in the UK? (3 November 2011)

 

Every marriage that takes place within the UK has to be carried out according with the requirements laid down by the Marriage Act 1949 and subsequent amendments to the Act. The basic requirements here are that both parties to the marriage must be of the minimum age required by law. Additionally, they must not be related in a way that is proscribed by the law, such as siblings or first cousins.

 

 

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.

 

 

Significance of divorce solicitors London (9 September 2011)

 

A broken marriage is one of the most difficult things to get over. The legal proceedings that follow these break downs are even more difficult to handle and they leave both the partners physically and emotionally exhausted and shattered. Fighting over child custody, division of marital property, and sorting out other financial matters is rarely free of emotion. Seeking advice and legal representation from divorce solicitors London is therefore necessary.

 

 

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.

 

 

Are remedies for domestic violent victims adequate and non-discriminatory? (6 June 2011)

 

Domestic violence – violence in the home – can take many forms. It includes not just physical assault, but psychological and emotional molestation or harassment, and may also involve pestering, nagging, making nuisance telephone calls and intimidation.

 

 

Family Procedure Rules 2010: A summary of the impact for Children’s Law Practitioners. (6 June 2011)

 

On 6th April 2011 the Family Procedure Rules 2010 came into effect. These rules encompass all courts from the Family Proceedings Court to the High Court Family Division and all family proceedings. As a consequence there is no longer a need to cross refer between rules such as the Family Proceedings Courts (Children Act 1989) Rules 1991 or the County Court Rules 1981.

 

 

Family Mediation - The Journey (18 April 2011)

 

Mediation is now at the forefront of family law in England and Wales. In February 2011, Justice Minister Jonathan Djanogly announced that before making an application to court couples must first attend a meeting with a mediator to learn about mediation.

 

 

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.

 

 

Impacts of Fact Finding Hearings on Family Cases (28 March 2011)

 

Time and time again the question as to whether a fact finding hearing is necessary is raised in family cases. Where one party has made allegations of domestic violence against the other the first question which usually arises is whether there is need for a fact finding hearing.

 

 

Contact and clients where they are in prison (18 October 2010)

 

Recently the family department at Duncan Lewis has had an influx of letters from clients in prison, requesting legal advice as a result of advertising in magazines published for prisoners. The majority of requests are from serving prisoners seeking advice and assistance regarding contact with their children.

 

 

Adeshetu Momoh becomes an Accredited Family Panel Member (15 October 2010)

 

Adishetu Momoh joined Duncan Lewis in August 2009 as a family solicitor. Since being at the firm, Adishetu has dealt with a vast range Family law cases in areas including divorce and ancillary relief.

 

 

Duncan Lewis successful in Family Peer review audit (27 September 2010)

 

Every law firm gets reviewed regularly to make sure that they are maintaining a set standard. Duncan Lewis’ Family department were peer reviewed in September 2010. Outcome of the audit was level 2 competency plus.

 

 

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.

 

 

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.

 

 

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.

 

 

Duncan Lewis Family Department to Provide a Family Mediation Service (28 June 2010)

 

Duncan Lewis’ Family Department is set to expand the provision of its service further, having been awarded a Family Mediation contract, due to start in October 2010.

 

 

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.

 

 

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.

 

 

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

 

Amanjit is constantly striving to push forward her knowledge and expertise in Family and Child Care law. She has recently attained her Domestic Violence Panel membership.

 

 

Matrimonial property can be sold before divorce decree (10 May 2010)

 

In a recent case, a wife contested the court’s decision to grant an order, made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), for the sale of her and her husband’s matrimonial home before their divorce was due to be heard.

 

 

Everyone has the right to live without fear for their personal safety (10 May 2010)

 

The family courts have the power to offer specific remedies to protect those who have been subjected to physical violence, threats of violence and harassment. A non molestation order is an injunction that prohibits a person from using or threatening violence or harassing, pestering or intimidating another person. An occupation order can stop a person from coming to the family home or to exclude someone from a certain radius or even to allow a victim to return home.

On the 1st July 2007 the Domestic Violence Crime and Victims Act (DVCVA) came into force. The aim of this act is to provide even greater protection for victims of domestic violence.

 

 

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.

 

 

Matrimonial Property Can Be Sold Before Divorce Decree (12 April 2010)

 

In a recent case, a wife contested the court’s decision to grant an order, made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), for the sale of her and her husband’s matrimonial home before their divorce was due to be heard.

 

 

Refusal to Perform Civil Partnership Ceremony Deemed Unlawful (12 April 2010)

 

In a recent discrimination case, the Court of Appeal dismissed the appeal of a Christian registrar who refused to perform civil partnership ceremonies.

 

 

Cohabitation Reduces Maintenance Payment (12 April 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.

 

 

Divorce and the Downturn (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

 

 

Forced Marriages (1 February 2009)

 

A forced marriage is defined by the Forced Marriage (Civil Protection) Act 2007 as marriage without the full and free consent of both parties

 

 

Fairness Means Couple Receive House (1 February 2009)

 

It is common for families to dispute agreements made relating to property

 

 

Animals and Divorce – New Ruling May Set Cat Among the Pigeons (1 February 2009)

 

Financial settlements on divorce normally involve making financial provision for any children but, in a recent case, the ex-wife of a wealthy man successfully argued that her love of horses was sufficiently important to her that substantial maintenance should be payable for their upkeep

 

 

Get An Advice Of Expert Over All Family Related Legal Issues (12 June 2007)

 

Do you need any legal advice? You need to contact an expert to get family legal advice. Whether the matter is related to divorce, finance or concerning your children, you need to contact your family lawyer who can sort out the matter for you.

 

 

Finding A Divorce Lawyer (10 June 2007)

 

Are you going through a divorce or wish to file for divorce? If so, then you should consider whether you need a good divorce lawyer who could provide you with valuable advice and assistance.

 

 

A Promise is a Promise (8 June 2007)

 

A woman who was widowed mere hours after getting married has been ordered by the Court of Appeal to honour a promise her husband had made to his ex-wife.

 

 

Family Gifts Part of Marital Assets (2 June 2007)

 

When couples divorce, their assets can be considered to arise from two sources. There are the assets created during the marriage, which are called ‘marital assets’, and those which are brought into the marriage by the spouses individually, termed ‘non-marital assets’.