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Family Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Family

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.
  Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.  Read more...


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