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Duncan Lewis

 

More protection needed for wills and probate clients, says Ombudsman (23 October 2014)

 

The Legal Ombudsman is calling for more consumer protection for clients of wills and probate services.

 

 

Announcement about more support for litigants in person expected before Christmas (20 October 2014)

 

Justice Minister Simon Hughes has said the government is expected to make an announcement in the near future about addressing issues raised as a result of an increasing number of litigants in person in the civil court.

 

 

Malaysian couple’s multi-million pound divorce “can be heard in UK” says High Court (20 October 2014)

 

Judges sitting in the Family Division of the High Court have ruled that the divorce of a Malaysian couple can be heard in London.

 

 

High Court grants Judicial Review of Legal Aid for inquests (17 October 2014)

 

The High Court has granted permission for a judicial review of Legal Aid for inquests.

 

 

Duncan Lewis:MainLaw Society Childrens Panel Family Law Supervisor Kirsty Richards Joins Duncan Lewis Solicitors (16 October 2014)

 

Duncan Lewis Solicitors are pleased to announce that Law Society Childrens Panel Family Supervisor Kirsty Richards has joined the firm. Kirsty has joined Duncan Lewis as a Supervisor in the Family & Childcare team and will be heading the firm’s new Barnet branch from the 15th October 2014.

 

 

UK adds another £330,000 funding to Britain’s campaign against FGM (13 October 2014)

 

The UK government has pledged a further £330,000 to help eradicate female genital mutilation (FGM) in Britain.

 

 

QC says men must do more to prevent FGM (10 October 2014)

 

A leading human rights barrister is calling on men to help prevent the practise of female genital mutilation (FGM).

 

 

Duncan Lewis retains its ranking by Legal 500 2014 as a leading law firm in London on Family & Childcare matters (8 October 2014)

 

Duncan Lewis have been ranked as a leading law firm in London by the Legal 500 2014 in the practice areas of Family & Childcare with Aina Khan receiving individual lawyer recognition.

 

 

Five-year sentence for man who threatened to kill partner in domestic violence attack (6 October 2014)

 

A man who launched a vicious attack on his female partner has been jailed for five years for Section 18 wounding.

 

 

Call for divorce petitions to be centralised, after Burnley court clerk unravels divorce scam (3 October 2014)

 

A total of 180 “quickie” divorces taken out by Italian couples in the English court have been declared void. after widespread fraud was discovered by a court clerk in Burnley, Lancashire.

 

 

Families of women murdered by abusive partners call for change in stalking laws (2 October 2014)

 

The families of two women murdered by ex-partners who stalked them have called for stalkers to sign a register similar to the Sex Offenders’ Register.

 

 

Duncan Lewis:FamilyDuncan Lewis Family Solicitor Simran Gupta Achieves Law Society Advanced Family Law Panel Membership (30 September 2014)

 

Duncan Lewis Solicitors are extremely pleased to announce the appointment of Family Law Solicitor Simran Gupta to the Law Society Advanced Family Law Panel.

 

 

“Pet-nup” launched for divorcing couples at loggerheads over family dog (30 September 2014)

 

An animal charity has drawn up a pre-nup agreement for couples who may end up fighting over the family pet if they separate.

 

 

Half of new child abduction cases in Ireland in 2013 “involved children taken to or from UK” (29 September 2014)

 

The Department of Justice in Ireland has said it dealt with 109 new cases of child abduction in 2013 – with around half of the cases dealt with last year relating to abduction to or from the United Kingdom.

 

 

FCO warns against “re-abducting” children from a parent overseas (29 September 2014)

 

The Foreign and Commonwealth Office (FCO) is warning agencies or individuals tracking down children who have been abducted and taken overseas by family not to “re-abduct” them in order to return them to the parent who has custody.

 

 

12-month jail term for father who cut off ex-partner’s hair in domestic violence attack (23 September 2014)

 

A father who refused to accept the relationship with his partner was over has been jailed after he dragged her from bed and cut off all her hair.

 

 

Labour calls for domestic violence classes in schools – as Oxbridge colleges run “consensual sex” workshops for students (22 September 2014)

 

Shadow Home Secretary Yvette Cooper is calling on schools to give compulsory lessons to children about preventing domestic violence against women.

 

 

Rise in stalking prosecutions may help protect domestic violence victims (18 September 2014)

 

The first year of new stalking legislation has resulted in 743 cases of stalking being brought to court under the Protection of Freedoms Act 2012, according to the Crown Prosecution Service (CPS).

 

 

Duncan Lewis:Child CareDuncan Lewis Childcare Director Vanket Appalakondiah Achieves Law Society Advanced Family Child Abduction Panel Status (15 September 2014)

 

Duncan Lewis Solicitors are pleased to announce that Family and Childcare Law Director Vanket Appalakondiah has achieved Law Society Advanced Family Child Abduction Panel status.

 

 

Increase in number of domestic abuse cases involving family members (10 September 2014)

 

Figures from the Metropolitan Police have suggested that adult children living at home because of the shortage of affordable homes may be fuelling an increase in domestic abuse cases.

 

 

Police to crack down on domestic violence by investigating worst abusers for other criminal activity (9 September 2014)

 

A top female officer at Scotland Yard has said that domestic violence incidents are currently at their worst level for 30 years.

 

 

Litigants in person “slow down divorce proceedings” (5 September 2014)

 

Divorce lawyers are reporting that divorces are taking on average three weeks longer as a result of changes to Legal Aid for family cases.

 

 

Funding threat to domestic violence refuges for women (3 September 2014)

 

A lack of Local Authority funding means many women’s refuges are in danger of closing down, The Guardian reports.

 

 

Life for “controlling” murderer who stabbed his ex-partner to death (27 August 2014)

 

A 26-year-old man who stabbed his former girlfriend to death has been jailed for life at Manchester Crown Court.

 

 

Government considers new crime of “domestic abuse” (21 August 2014)

 

The government is considering creating a new domestic abuse law to protect family members and partners against domestic abuse, as this is not covered by current domestic violence laws.

 

 

Former aide says Labour should offer more support to couples who don’t divorce (21 August 2014)

 

A former aide to Labour leader Ed Miliband has called for Labour to do more to support couples who stay together rather than separate or divorce.

 

 

Teach children about FGM says NSPCC, as cases in UK rise (18 August 2014)

 

The Head of Child Protection at the NSPCC has said five-year-olds should be taught about female genital mutilation (FGM) to help put an end to the practice.

 

 

British family reunited after lawyer tracks down abducted children in Afghanistan (15 August 2014)

 

A family lawyer from the US and local police in Afghanistan have helped reunite a British mother with her three sons, after they were abducted by their father and left with relatives in Afghanistan 17 months ago.

 

 

Jail sentence for jealous lover who attacked ex with a claw hammer (14 August 2014)

 

A court has jailed a man who attacked his former partner with a claw hammer after she started a relationship with another man.

 

 

Ex-pats in UAE “may be able to have family hearings under UK law” (11 August 2014)

 

A law firm in Dubai has said that ex-pats living in the United Arab Emirates (UAE) would not necessarily be subject to Sharia law if they divorce, as Islamic law courts allow ex-pats to apply the law of their own countries under certain circumstances.

 

 

Calls for UAE to recognise domestic violence as a crime – as Foreign Office warns Britons they could face divorce under Islamic Law (6 August 2014)

 

A mother from east London is to challenge Sharia law, after a court in Dubai awarded custody of her son Louis to her former husband.

 

 

Designer baby fears as NHS sperm bank opens for business (4 August 2014)

 

An NHS sperm bank is to launch in October to enable single women and lesbian couples become mothers.

 

 

One-third of adults would not take elderly parent needing full-time care into their home (4 August 2014)

 

A new report has revealed that around one-third of those questioned would not allow an elderly relative to live with them and their family if they needed full-time care.

 

 

Researchers investigate link between Down’s syndrome and Alzheimer’s (31 July 2014)

 

Researchers at Birkbeck College in London are to investigate a link between Down’s Syndrome and Alzheimer’s disease.

 

 

Government “committed” to allowing children their say in care proceedings (28 July 2014)

 

Minister of State for Justice and Civil Liberties Simon Hughes MP has said that the government is committed to making sure children have more of a say in care proceedings – and that local authorities, the Children and Court Advisory and Support Services (Cafcass) and the head of the Family Division of the court, Sir James Munby, would be working together to make sure “the wishes and feelings” of children in family hearings were listened to.

 

 

UK government pledge to end FGM and forced marriage “within a generation” (23 July 2014)

 

Prime Minister David Cameron has pledged to bring an end to female genital mutilation (FGM), forced marriage and child marriage within a generation.

 

 

Ex-wife fined for assaults on former husband (21 July 2014)

 

A woman who attacked her husband at the breakfast table after he allegedly announced he wanted a divorce left him needing 13 stitches, a court has heard.

 

 

Spike in domestic violence cases in South Yorkshire (15 July 2014)

 

South Yorkshire Police have revealed that a record number of domestic violence incidents were reported to the Crown Prosecution Service (CPS) in the year 2013-2014.

 

 

Britain to end child and forced marriages, says MP (11 July 2014)

 

Conservative MP Justine Greening has used a trip to Zambia to announce that Britain is to lead the way in ending child marriage across the globe.

 

 

Assisted dying judgment may lead to “right to die” compromise (26 June 2014)

 

Judges at the Supreme Court have paved the way for a possible review of current law banning assisted dying.

 

 

Court told pregnant teenager was murdered by “abusive” ex-boyfriend (24 June 2014)

 

Oxford Crown Court has heard how a “violent” and “controlling” man killed his pregnant ex-girlfriend just hours after she told him she was expecting his child.

 

 

Philanthropist heading for Britain’s biggest divorce payout (20 June 2014)

 

A leading hedge fund boss and his wife are locked in battle over what could become the UK’s largest ever divorce settlement.

 

 

Tragedy of couple jailed for two years, after allowing their nine children to live in squalor (18 June 2014)

 

An unemployed couple who left their five children living in lice-infested squalor have been jailed by a court in Gloucester.

 

 

Care criteria should be revised “to reflect needs of autistic people”, says NAS (16 June 2014)

 

The National Autistic Society (NAS) has said that adults with autism spectrum disorders face a “devastating” scale of neglect and abuse – and many people with autism say they stay at home to avoid abuse or harassment from the public.

 

 

New law criminalises forced marriage from today (16 June 2014)

 

A new law which makes forced marriage a criminal offence in the UK takes effect from today (16/06/14).

 

 

Grandparents tell of legal battle to prevent granddaughter being taken into care (12 June 2014)

 

The parents of a young mother with a mental health condition have spoken of their fight with Essex County Council to prevent their baby granddaughter being taken into care.

 

 

Police on alert for domestic violence spike, as World Cup gets underway (11 June 2014)

 

Police on alert for domestic violence spike, as World Cup gets underway

 

 

Welfare cuts forcing more families into food poverty, say charities (10 June 2014)

 

A report by three charities has blamed the government’s welfare reforms for an increase in the number of families using food banks.

 

 

Another baby taken into care just hours after birth (9 June 2014)

 

A mother with a mental health condition has had her baby taken away hours after the birth, after a judge ruled that social workers did not have to tell her what was going to happen.

 

 

Tax-free childcare extended to children aged up to 12 (5 June 2014)

 

The Queen’s Speech has included plans to extend the government’s tax-free childcare limit of £2,000 to children up to the age of 12.

 

 

Pakistani woman stoned to death by family, after marrying without permission (28 May 2014)

 

A 25-year-old woman has been stoned to death by her own family outside a courtroom in Pakistan’s capital Lahore, after marrying a man she loved without first obtaining her family’s consent.

 

 

“Jealous” domestic abuser jailed for life for murder of former partner (23 May 2014)

 

The family of a woman stabbed to death by her jealous former boyfriend in front of their two-year-old daughter has called for her killer to spend the rest of his life in jail.

 

 

LSC decision not to fund expert witness report “unlawful” (22 May 2014)

 

The Court of Appeal has ruled that the Legal Aid Agency (LAA) acted unlawfully when it refused to fund the full cost of an expert witness report for a child, which had been ordered by the Family Division of the Court.

 

 

Top judge vows to prosecute domestic violence perpetrators (20 May 2014)

 

Leading judge Simon Bourne-Arton QC has said that those who commit domestic violence offences will be prosecuted, even if the victims fail to co-operate with police inquiries and withdraw their complaints.

 

 

Call for passport system to be updated, as 600,000 parents are stopped at UK ports because child has different family name (19 May 2014)

 

The Daily Mail reports that as many as 600,000 parents are being stopped and questioned at the UK’s airports and ports – as well as international railway stations such as Eurostar – because the passport system does not recognise that children and parents may have different surnames.

 

 

Family Court rules mother must say final farewell to toddler taken into care (14 May 2014)

 

A mother judged to have significant intellectual impairment has been told by the Family Court to say goodbye to her young son forever.

 

 

Duncan Lewis:Child CareFamily and Children Specialist Solicitor Sarah Jopling Joins Duncan Lewis Solicitors (14 May 2014)

 

Law Society Children and Family Panel member and Family Solicitor Sarah Joplin has joined Legal 500 recommended Duncan Lewis Family Solicitors.

 

 

Child Panel Family Consultant Solicitor Carol Gibson joins Duncan Lewis (13 May 2014)

 

Child Panel Member and Family Law Consultant Solicitor, Carol Gibson joins Legal 500 recommended Duncan Lewis Solicitors' Family Law Department.

 

 

Family rows may increase risk of death in middle age (12 May 2014)

 

Danish researchers at the University of Copenhagen say that regular rows with family and friends could lead to an early grave.

 

 

Doctor jailed for CV fraud (12 May 2014)

 

Newcastle Crown Court has jailed a fraudster who made 1,000 applications to the NHS to become a doctor, using a bogus CV.

 

 

ONS figures show fall in number of stepfamilies (9 May 2014)

 

Figures from the Office for National Statistics (ONS) show that between 2001 and 2011, the number of stepfamilies in the UK fell by 14%.

 

 

“Judge-free divorces” will not undermine family justice (8 May 2014)

 

The President of the Family Division of the courts, Sir James Munby, has said that cuts to Legal Aid will not damage family justice.

 

 

Court of Protection gags 94-year-old from speaking to the press about her fight to be cared for at home (6 May 2014)

 

A 94-year-old spinster locked in a legal battle with Redbridge Council over who should care for her has been “gagged” by the Court of Protection under a special declaration, to prevent her from speaking out about her case to journalists.

 

 

Family Solicitors succeed in appeal against decision setting aside final matrimonial Order in financial remedy proceedings set aside in Nov 2013 (1 May 2014)

 

Duncan Lewis Family Solicitors have succeeded in an appeal against a decision setting aside final matrimonial Order in financial remedy proceedings, originally set aside in 4th Nov 2013 due the Judge not having jurisdiction to make the Final Order.

 

 

President of Family Division calls for “no fault” divorces and equal rights for cohabitees (1 May 2014)

 

President of the High Court Family Division, Sir James Munby, is calling for a radical overhaul of divorce law, with “no fault” divorces for all.

 

 

Government to block legal loophole allowing download of child abuse materials (28 April 2014)

 

The government has announced that it will close a loophole in the laws governing child abuse, which would in effect allow paedophiles who download child abuse manuals to be treated in the same way terrorists are.

 

 

More support needed for West Devon families hit by welfare reforms, says CAB (24 April 2014)

 

The Citizen’s Advice Bureau (CAB) in West Devon is calling for more government support to help low-income families affected by benefit changes.

 

 

LibDem Justice Minister calls for British families to care for elderly relatives (23 April 2014)

 

Liberal Democrat Justice Minister Simon Hughes has said that families in the UK should follow the example of many migrant families from Africa and Asia and take greater responsibility for caring for elderly relatives, instead of relying on care homes.

 

 

UN rapporteur accused of focusing on UK immigration policy, rather than violence against women (22 April 2014)

 

United Nations (UN) Inspector Rashida Manjoo has told MPs that Britain has a “boys’ club sexist culture” ? and a worse sexism culture than any other country.

 

 

Retired colonel stabs wife to death (22 April 2014)

 

A retired army officer has appeared in court charged with the murder of his wife, who was stabbed in the chest in a domestic incident on Friday (18/04/14).

 

 

Italian woman forced to undergo C-section vows to fight for her daughter (17 April 2014)

 

A mother whose daughter was taken from her after a forced Caesarean section has said she loves her daughter and hopes to see her again one day.

 

 

Two-thirds of new mums have faced criticism over their baby crying in public (15 April 2014)

 

A survey of new mothers commissioned by Colief Infant Drops has found that one in 20 has been reproached by members of the public over their baby crying – but 90% of those questioned have never been offered any help by members of the public when their baby cries.

 

 

Family Solicitors represent Mother in Jurisdictional and Declaration points in respect of Habitual Residence and return of a child (14 April 2014)

 

Legal 500 recommended Family Solicitors Duncan Lewis represented Mother in Habitual Residence/Jurisdiction and return proceedings and in her application to set aside High Court Orders that declared Child was habitually resident in the UK at the time of Applicant’s Father’s original application for the return of the UK to the child.

 

 

High Court rules in favour of Respondent wife seeking to remain in England after wrongfully removing the children from the US. (10 April 2014)

 

Mrs Savita Sharma, Family Solicitor and Director at Legal 500 recommended law firm Duncan Lewis’ represented the Respondent Mother in proceedings pursuant to Hague Convention and Child Abduction and Custody Act 1985.

 

 

Duncan Lewis Family Solicitors successfully represent Mother in application made by Father in relation to the Jurisdiction of the applications (10 April 2014)

 

Legal 500 recommended Family Law Firm Duncan Lewis Family Solicitors successfully represented Respondent Mother in application made by Father in relation to the Jurisdiction of the applications relating to the children’s welfare proceedings and Habitual Residence.

 

 

Legal Aid cuts mean more litigants in person in family courts, says Lord Chief Justice (9 April 2014)

 

The Lord Chief Justice Sir John Thomas has told a group of MPs that cuts to Legal Aid budgets have resulted in more people in the Family Court representing themselves in court rather than hiring a solicitor and barrister.

 

 

Jail for mum and her partner, after baby dies from broken spine (7 April 2014)

 

A man who killed his partner’s young son by shaking him until his back broke has been jailed for eight years.

 

 

Law Society defends guidance on Islamic wills (1 April 2014)

 

The president of the Law Society has defended its move to issue guidelines to its members on wills made under Islamic law.

 

 

Multi-millionaire who offered ex-wife £83 settles divorce out of court (31 March 2014)

 

Multi-millionaire Christopher Nightingale has agreed to pay his ex-wife a substantial divorce settlement after he initially offered her just £83.

 

 

UK’s first same sex marriages set for Saturday (28 March 2014)

 

The first same sex marriages are due to take place this Saturday (29/03/14) as marriage between same sex couples becomes legal.

 

 

Teenager deported back to Mauritius will be separated from her family (25 March 2014)

 

An 18-year-old girl due to be deported back to Mauritius on Tuesday (25/03/14) will be separated from her mother and sister once she is returned to her home country.

 

 

Law Society issues guidelines on Sharia law to solicitors (25 March 2014)

 

The Law Society has drawn up a guide for solicitors on succession rules under Sharia law to allow Muslim families living in the UK to draft legal documents in line with Islamic laws.

 

 

Family judge calls for greater transparency on court judgements (24 March 2014)

 

Children separated from their parents by court rulings must be able to find out the reasons behind the decision when they become adults according to new recommendations made by the most senior family judge.

 

 

Call for prenup agreements to be made legal (21 March 2014)

 

The Law Commission has recommended that prenuptial agreements should be made legally binding in a divorce but only when the requirements of any children of the marriage and the needs of the divorcing couple have been met.

 

 

London Mayor calls for FGM to be reported as a crime (19 March 2014)

 

London Mayor Boris Johnson has said that reporting victims of female genital mutilation (FGM) to the police must become law.

 

 

Court of Appeal rules against wife seeking to set aside Financial Consent Order on basis of Material Non-disclosure (19 March 2014)

 

Duncan Lewis Family Solicitors have succeeded in an appeal against a decision setting aside the original Consent Order in financial remedy proceedings, originally set aside in September 2012 on the basis of the existence of fresh evidence and material non-disclosure.

 

 

Duncan Lewis and LawWorks Pro Bono Clinic begins with a successful launch (18 March 2014)

 

The Duncan Lewis Pro Bono legal clinic in association with LawWorks began with a successful start on Monday 10th March 2014.

 

 

Family Court rules absentee father is “not really rich” on £100,000 salary (18 March 2014)

 

A judge has ruled that a banker with an £100,000 salary is “not really rich” in a family court case involving an absentee father.

 

 

“Hard-pressed” working parents get £2,000 childcare tax break (18 March 2014)

 

The government has announced a £2,000 tax break for working parents earning up to £300,000 annually.

 

 

£500m divorce could be UK’s largest settlement, after ASOS founder separates from wife (17 March 2014)

 

The multimillionaire founder of online fashion retailer ASOS could be heading for one of the UK’s most costly divorce cases after separating from his wife.

 

 

New childcare tax breaks for families expected in the Budget (17 March 2014)

 

Sky News reports that the government is to introduce new tax breaks for childcare in the Budget.

 

 

Home secretary urges government to tackle domestic violence (17 March 2014)

 

According to crime statistics, domestic violence convictions fell significantly in the West Midlands last year as leading politicians called for a greater focus on figures on such crimes in order to get a greater number of abusive partners behind bars.

 

 

Clare’s Law establishes right to know if a partner has a history of domestic violence (10 March 2014)

 

From Saturday (08/03/14), women in England and Wales have been given the right to ask police whether their partner has a history of domestic violence.

 

 

Support for vulnerable families in Worcestershire – as local MP calls for free childcare for working parents (10 March 2014)

 

Providers of support for vulnerable families in Worcestershire have been praised by the director of the national Troubled Families programme, which helps families with problems across the UK.

 

 

Ruling on use of deceased man’s sperm to conceive could affect current law (10 March 2014)

 

A woman whose husband froze his sperm before he died of cancer has won the right to create an embryo using the sperm – despite the fact her husband had not given the necessary consents before his death.

 

 

Duncan Lewis Solicitors continue outstanding pro bono and community work with fortnightly legal advice surgery at TCWP (6 March 2014)

 

At Duncan Lewis, we continue our commitment to pro bono and community work with requested fortnightly legal advice surgery at TCWP.

 

 

Britain’s childcare system “not fit for purpose”, as childcare costs soar (5 March 2014)

 

The Family and Childcare Trust’s annual report has revealed that childcare now costs families as much as a mortgage – and for some families, more than their mortgage.

 

 

Divorcee warns wealthy women about dangers of pre-nups (3 March 2014)

 

The daughter of one of the UK’s richest men has warned that a judge’s ruling in her divorce case should act as a disincentive for wealthy women to marry.

 

 

Law Commission’s Draft Bill on Nuptial Agreements aims to help divorcing couples agree on finances (3 March 2014)

 

In January 2011, the Law Commission launched a consultation into proposals to regulate pre-nuptial agreements between couples. Last Wednesday (26/02/14), the Law Commission published its new report Matrimonial Property Needs and Agreements.

 

 

More than 10,000 people at high risk of domestic violence (28 February 2014)

 

Figures obtained by The Guardian show that more than 10,000 women and children may be at high risk of domestic violence.

 

 

Law Commission proposes legally binding pre-nups (28 February 2014)

 

Family solicitors have welcomed the news that pre-nuptials are set to become legally binding following recommendations by the Law Commissions that aim to reduce the amount of costly divorce battles and give splitting couples piece of mind.

 

 

Prenuptial agreement quashed by judge (28 February 2014)

 

What should have been a simple divorce settlement has turned instead into an expensive lesson for a City solicitor.

 

 

Newspaper fined £750 after Section 39 breach identified a minor (26 February 2014)

 

Weekly newspaper the North Devon Journal has been fined after it identified a minor in a story, in breach of a discretionary Section 39 order.

 

 

Fall in divorce rate for newlyweds (24 February 2014)

 

Figures from the Office for National Statistics (ONS) show that the divorce rate for couples in the early years of marriage is at its lowest since the 1970s.

 

 

Judge allows child contact for father whose “sexting” error offended ex (24 February 2014)

 

A judge sitting at the High Court in Leeds has ruled that a father must have contact with his young son – despite the fact he accidentally sent a sexually explicit image of himself by text to his ex-partner, which he had intended to send to another woman.

 

 

Court of Appeal rejects claims that government benefit cap breaches human rights (21 February 2014)

 

Judges at the Court of Appeal have ruled that the government’s cuts to welfare are legal.

 

 

Judge rules against wife's appeal for higher divorce settlement (21 February 2014)

 

A former tycoon and multi-millionaire has defeated his ex wife's appeal for a higher sum from their divorce settlement despite admitting to lying to the court and the judge about his personal circumstances.

 

 

Senior judge warns that marriage is under threat (20 February 2014)

 

A leading judge has warned that the traditional “nuclear” family is in danger of being “wiped out”.

 

 

“Permissive” parent loses custody of children (18 February 2014)

 

A mother that “failed” her children by letting them play computer games and other electronic devices without limits has lost her custody battle after a High Court judge ruled that her “permissive” parenting style had negatively affected them.

 

 

London mother loses custody of son under Sharia Law in Dubai (17 February 2014)

 

A mother from London is launching an appeal to Dubai’s ruler, after being handed a one-month suspended jail sentence for kidnapping her own son by a court in Dubai last week.

 

 

Families risking family home to pay school fees (17 February 2014)

 

Parents desperate to educate their children privately are allowing independent schools take a charge on their homes to make sure they can afford to pay school fees.

 

 

Lord Somerset pleads guilty to domestic violence charges (11 February 2014)

 

A member of an elite aristocratic family has been jailed for two years and given a restraining order after he subjected his wife to a “substantial period of domestic violence” while on frequent drink and drug binges.

 

 

Barristers protect at Legal Aid cuts (10 February 2014)

 

Barristers are warning that Ministry of Justice cuts in the Legal Aid budget could have implications for the justice system overall.

 

 

Universal Credit cost mounts up, with families not yet on the system (7 February 2014)

 

New figures revealed as the result of a Parliamentary question show that the cost of the coalition government’s flagship Universal Credit project is spiralling, with the cost of each benefit claimant being moved over to the new system being estimated at £225,000.

 

 

Teen admits X-Box porn caused him to rape his eight-year-old sister (6 February 2014)

 

Blackburn Magistrates’ Court has heard how a 13-year-old boy raped his eight-year-old sister after watching porn on his X-Box console.

 

 

Couples urged to plan beyond divorce proceedings (31 January 2014)

 

Experts have warned couples going through divorce proceedings that they should seek expert help if they are in a state of fear or are uncertain about aspects of day-to-day life following divorce proceedings.

 

 

Police start fighting domestic abuse (30 January 2014)

 

Although there is no reliable data on the prevalence of domestic crime in the UK we do know that it is a huge problem. One in three women will be the subject of domestic violence at some point during their adult lives.

 

 

£6m divorce payout for ex-wife asked to remain as “housekeeper” to husband’s new partner (30 January 2014)

 

A divorcee has been awarded £6 million in the High Court after her former husband installed his new partner and her 12-year-old daughter in their home – and asked his former wife to remain living with them as “some sort of housekeeper”.

 

 

Stay-at-home husband pleads for “international marriage” divorce proceedings to be heard in London (30 January 2014)

 

A successful female investment banker is contesting a multimillion pound settlement in a divorce case involving her stay-at-home husband, after the couple’s 15-year marriage collapsed following a row on holiday.

 

 

Smoking in a car with children present may become a criminal offence (30 January 2014)

 

The Lords has passed an Amendment to the Children and Families Bill which would introduce a ban on smoking in cars where children are passengers.

 

 

Make a pre-nuptial agreement to prevent a bitter divorce (29 January 2014)

 

The New Year is the busiest time of year for marriage proposals, with even more marriage proposals than Valentine’s Day. However, it is not all romance; every January sees a rise in new divorce cases after the stress of Christmas sends couples their separate ways after months or years of disagreements and arguments.

 

 

Proposed rise in court fees condemned (28 January 2014)

 

An internal government review has criticised Ministry of Justice (MoJ) plans to increase court fees in order to raise almost £200 million.

 

 

Rise of the single household in Britain, as number of married couples declines (24 January 2014)

 

Figures gathered in 2011 for the census and published on Wednesday (22/01/14) have shown that marriage in the UK is declining fast, with just 4 million households in Britain now comprising a husband and wife and children.

 

 

Secrecy surrounding Family Court to end (17 January 2014)

 

The Family Courts are to be opened up to public scrutiny, with Family Courts and Court of Protection judgments being made public for the first time.

 

 

Government focuses on mediation services for divorce matters as it plans legal aid cuts (17 January 2014)

 

The government is aiming to reduce stressful divorce battles and ensure that couples separate “in the least damaging way” by promoting the use of mediation services in England and Wales.

 

 

MoD employee fined for term-time family holiday booked before education regulations amendment (16 January 2014)

 

Parents who took their children out of school during term-time have been fined £630 plus costs, despite the fact they booked the holiday before the law was changed.

 

 

Aina Khan and Baroness Warsi kickstart Muslim Marriage Project (14 January 2014)

 

Aina Khan and Baroness Warsi kick started the Muslim Marriages Project on the 9th January 2014. The project is aimed at tackling the many legal and societal issues caused by unregistered Muslim marriages; for example, when the Nikah ceremony is not registered under English civil law.

 

 

Marketisation of marriage may be leading couples along the path to divorce (14 January 2014)

 

Former Archbishop of Canterbury Lord Williams has said the greatest threat to the institution of marriage is the marketing of marriage.

 

 

Divorcee says divorce lawyers should have recommended judicial separation (13 January 2014)

 

A woman has tried to sue her divorce solicitor because she alleges she was not advised that divorce would end her marriage.

 

 

Concerns more children will be taken into Local Authority care, as benefit cuts deepen (10 January 2014)

 

The extent to which cuts to welfare benefits could take its toll on vulnerable families has been revealed in new figures from the Department of Work and Pensions (DWP), which shows that before benefit cuts were introduced last year, 33,000 families were receiving more than £26,000 a year in welfare payments.

 

 

Divorced wife appeals after being cheated out of millions by husband (31 December 2013)

 

A divorced wife claims to have been cheated out of a multi-million-pound settlement by her husband after he lied to her about the true value of his computer software business.

 

 

Plans for more openness in Court of Protection and Family Division (30 December 2013)

 

A leading judge who is in favour of more transparency in the private Court of Protection has been appointed head of the court.

 

 

Love triangle fears may have led man to assault his pregnant partner (30 December 2013)

 

Blackburn Magistrates Court has heard how a man allegedly punched his pregnant girlfriend in the head and the side of her stomach, amid suspicions she might be seeing another man who could be the baby’s father.

 

 

More adoption funding follows government’s adoption package (27 December 2013)

 

The government has announced a funding boost for councils across England and Wales to help further streamline the adoption process.

 

 

Co Durham PCC warns festive drinking may lead to domestic violence (27 December 2013)

 

The Police and Crime Commissioner (PCC) for County Durham Ron Hogg has warned that drinking to excess over the festive season could lead to an increase in domestic violence – and has asked drinkers to be more aware of the link between alcohol misuse and domestic abuse.

 

 

Judge warns domestic violence allegations in divorce “not always true” (24 December 2013)

 

A leading judge has warned social workers not to automatically believe parents’ accusations of domestic violence against each other when marriages or relationships break down.

 

 

Baby taken into Local Authority care at birth (23 December 2013)

 

A judge ruled that a newborn baby could be removed at birth from its mother, who has mental health issues, is addicted to drugs and has a low IQ.

 

 

Children’s services reformed following ‘damning’ reports (20 December 2013)

 

Birmingham City Council, the largest of the UK’s local authorities, has announced radical reforms to its children’s services in the wake of severe criticism. The council has pledged an extra £9 million for new systems to help keep children safe, following a number of reviews into tragedies involving vulnerable children.

 

 

Estranged husband turns private detective to protect himself from divorce settlement (18 December 2013)

 

An estranged husband’s attempts to discredit his wife’s claims for incapacity benefit landed him in court for breach of a non molestation court order, which barred him from coming within 100 yards of his wife or her new home, as well as speaking to her.

 

 

Families may be hit hardest by benefit changes in Autumn Statement (16 December 2013)

 

New analysis of Chancellor George Osborne’s Autumn Statement suggest that families will be hit hard by “stealth” changes to welfare in the statement. The amount that people can earn before benefit is withdrawn is likely to be reduced as a result of the changes.

 

 

Father denied child contact with teenage daughter continues legal battle (10 December 2013)

 

A father who has not been allowed to see his 14-year-old daughter by her mother for 12 years has won the support of a senior judge, who said the system had “failed the whole family”.

 

 

Families lose out in Autumn Statement (9 December 2013)

 

Research by the Institute for Public Policy Research (IPPP) has found that from 2018 families could be as much as £2,000 per year worse off as a result of the Chancellor’s proposals in the Autumn Statement.

 

 

Abused women lose out in Legal Aid reforms, says WI (5 December 2013)

 

A report by the National Federation of Women’s Institutes (NFWI) has found that the coalition government’s Legal Aid budget cuts will affect women suffering from domestic violence – and may result in more women either self-harming or taking their own lives.

 

 

Tycoon ordered to pay multi-million pound sum to estranged wife (4 December 2013)

 

A tycoon has been ordered to pay a £20 million divorce settlement despite claiming that he is bankrupt after a judge ruled that he had gone to great lengths to “hide” his wealth from the court.

 

 

Court hands down life sentence to paedophile accomplices (4 December 2013)

 

Sheffield Crown Court has jailed two men who were prolific paedophiles, including one man who was HIV positive and did not tell his family or victims.

 

 

Bradford Safeguarding Children Board accepts failings in Hamzah Khan case (29 November 2013)

 

The responses to 10 questions put to Bradford Safeguarding Children Board (BSCB) by Children’s Minister Edward Timpson following the death of Hamzah Khan were published on Wednesday (27/11/13).

 

 

Peabody trains frontline staff to spot domestic abuse (27 November 2013)

 

The Peabody Trust has introduced training for its staff to help them recognise instances of domestic violence and abuse in Peabody housing.

 

 

Facts about Domestic Abuse and The Action You Can Take (22 November 2013)

 

Relationships always have their intimate secrets. In some it may be playful nicknames for one another that you would shriek with embarrassment should anyone find out; in others it may be silly rituals that you share with your loved one. But in some relationships, there are darker secrets that cannot be shared.

 

 

Update antiquated child cruelty laws urge family experts (21 November 2013)

 

Family experts have urged the government to update the law on child cruelty in order to increase protection against neglect, intimidation and other forms of emotional abuse.

 

 

Ania Khan, Duncan Lewis Islamic and Family Law Solicitors attend Boris Johnson’s Faith Forum Reception (21 November 2013)

 

Duncan Lewis’ Islamic and Family Law Solicitor Aina Khan attended Boris Johnson’s Faith Forum Reception at City Hall, London.
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Moscow court blocks mother’s fight to return her sons to England (19 November 2013)

 

A Moscow court has ruled in favour of allowing a husband to keep custody of his two sons, who he abducted when they came to spend two weeks with him in Russia at Christmas.

 

 

Prosecution for Female Genital Mutilation of baby girl pending (18 November 2013)

 

A likely criminal prosecution for the Female Genital Mutilation of a baby girl less than 2 months old is pending.

 

 

Domestic violence budget cuts may harm services (18 November 2013)

 

Survivors of domestic violence fear that there will be less support available for those who have suffered domestic violence as budget cuts to services are made.

 

 

Tory PCC proposes “boot camps” for problem families (18 November 2013)

 

The Police and Crime Commissioner (PCC) for Northamptonshire, Adam Simmonds has suggested that families who live on benefits without trying to get a job – or who live off the proceeds of petty crime – should be sent to “boot camps” to help them turn their lives around.

 

 

Government may take over Birmingham’s failing children’s services (15 November 2013)

 

The government has warned that children’s services in Birmingham could be taken over if standards are not improved.

 

 

Violent father killed sons as custody hearing approached (14 November 2013)

 

An inquest in Wiltshire has heard how a father with a history of violence drugged and then killed his two sons before killing himself to avoid a custody battle with his former partner.

 

 

Children’s Minister demands answers over Hamzah Khan’s death (14 November 2013)

 

The Children’s and Families Minister Edward Timson has expressed concern over a report into the death of four-year-old Hamzah Khan, who was left to starve to death by his mother.

 

 

Birmingham children “abducted by father and living in Libya” (14 November 2013)

 

A Libyan man who took his two children from Birmingham to live in Libya have said he did so because he thought the UK was “too western”, according to lawyers.

 

 

Children and Families Bill amendment “could see child protection privatised” (13 November 2013)

 

An amendment to the Children and Families Bill going through the House of Lords may mean more private providers taking over failing child protection services from Local Authorities.

 

 

Legal Aid reforms result in fewer divorcing couples seeking mediation (13 November 2013)

 

A leading mediator has said that since the introduction of LASPO in April 2013 he has received 50% fewer enquiries about mediation from divorcing couples – and couples opting for mediation in divorce negotiations have dropped by one-third.

 

 

Researchers call for more education to tackle domestic violence (4 November 2013)

 

Researchers at Manchester University are calling for a mentoring programme for young adults at risk of becoming domestic abusers.

 

 

Trapped in a Foreign Jurisdiction - Family lawyers can help with safe return to the UK (7 October 2013)

 

There are numerous cases where women and children go abroad for the purpose of a family holiday only to find that it was used as an excuse to get them to leave the UK. Upon arrival, their passports are kept from them and it is often the case that the relevant state authorities and legal system of such a foreign country will not assist with a return home.

 

 

Duncan Lewis' Family & Child Care Department is ranked and recommended by Legal 500 2013 for its excellence. (1 October 2013)

 

We are pleased to announce that Duncan Lewis' Family & Child Care Team has recently been ranked within the Legal 500 UK Directory for its excellence with a particular acknowledgement to the company’s high profile representation in child abduction matters and recent niche Islamic specialism led by Aina Khan and Adeeba Naseem. Laila Bhunnoo, a Family & Child Care Director based at the company’s City of London & Tooting offices has been recommended as exceptional, relating very well to the child in person.

 

 

Duncan Lewis' Family & Child Care Department is ranked and recommended by Legal 500 2013 for its excellence. (1 October 2013) (1 October 2013)

 

We are pleased to announce that Duncan Lewis' Family & Child Care Team has recently been ranked within the Legal 500 UK Directory for its excellence with a particular acknowledgement to the company’s high profile representation in child abduction matters led by Savita Sharma and recent niche Islamic specialism led by Aina Khan and Adeeba Naseem.

 

 

Duncan Lewis' Family & Child Care Department is ranked and recommended by Legal 500 2013 for its excellence. (1 October 2013)

 

We are pleased to announce that Duncan Lewis' Family & Child Care Team has recently been ranked within the Legal 500 UK Directory for its excellence with a particular acknowledgement to the company’s high profile representation in child abduction matters led by Savita Sharma and recent niche Islamic specialism led by Aina Khan and Adeeba Naseem.

 

 

Domestic Violence is not gender specific. Knowledge dispels fear (6 August 2013)

 

There is a common misconception in society today that it is men who are (physically) stronger than women and as such, are incapable of being victims of Domestic Violence.

 

 

How spouses use the (cheats charter) upon relationship breakdown. By Savita Sharma (30 July 2013)

 

The consequences of a relationship ending can be both daunting and complicated especially where financial matters are concerned. Solicitors are able to guide clients through the ‘minefield’ of the financial issues that need to be considered and can advise clients on how to protect wealth and/or prevent any attempts by the other party to hide income or assets.

 

 

Krina Parmar joins Legal 500 Duncan Lewis as Family & Child Care Director (1 July 2013)

 

Legal 500 Law Firm Duncan Lewis is pleased to announce the recent arrival of Family & Child Care Law Expert Krina Parmar as a Director of Family & Child Care based at the company’s Shepherd’s Bush and City of London branches.

 

 

Demanding the best for your children (10 June 2013)

 

We always want to provide the best for our children. If you find yourself in a situation where you need legal advice on how to safeguard the interests of your children, Legal 500/Chamber UK Leading Firm, Duncan Lewis can assist;

 

 

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.

 

 

Duncan Lewis:FamilyUnmarried 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.

 

 

Duncan Lewis:FamilyI 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).

 

 

Duncan Lewis:FamilyWhat 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.

 

 

Duncan Lewis:FamilyThe 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.

 

 

Duncan Lewis:FamilyHow 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.

 

 

Duncan Lewis:FamilyDisclosure 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.

 

 

Duncan Lewis:FamilyWhat 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’.

 

 

Duncan Lewis:FamilyAre 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’.