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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

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.   Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.  Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.   Read more...

Duncan Lewis:Family

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.  Read more...


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