Family and Childcare Law

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Family lawyer, Jennifer Law, looks at the issues that arise when parents decide to separate The breakdown of a relationship is a hard and testing time on everyone involved. Aside from the distress and emotional difficulties, when children are involved there are added practicalities that need to be considered and dealt with. Where will the children live? How often do they see each parent? Who buys the school uniform? How much should the child maintenance be? …the list can seem endless. Mediation...

Child Care Solicitor Nicki Cozens reports on the new legal duty that requires local authorities to provide financial support to young people who wish to stay with their foster family until they are aged 21. At 31 March 2013 there were 68,110 children ‘looked after’ in this country. That represented an increase of 2 per cent on 31 March 2012 figures and an increase of 12 per cent compared to 31 March 2009. The number of looked after children is now...

Sadly (some would say) the CSA has not gone away - it has just had a few makeovers since it was first introduced by the Child Support Act 1991. Even specialist family Solicitors have been bemused by the Government’s various proposals and initiatives over the years relating to the CSA. It was not that many years ago that the CSA was re-launched, to a silent fanfare, as the catchily named Child Maintenance and Enforcement Commission (CMEC). It too was abolished...

“…I have no shame in saying to the injured spouses of the world’s billionaires, if you want to take him to the cleaners darling, take him to the cleaners in London”. Commenting after the recent Russian Oligarch case involving Ibramovich, the Mayor of London, Boris Johnson, somewhat controversially invited divorcing wives around the world to take their chances in the London Divorce Court. Boris might know how to warm his cockles but the jet setting wives might be better served...

Divorce solicitor, Paul Jordan, reports on the latest Supreme Court ruling regarding company ownership of assets in divorce cases. On the 12th June 2013, the Supreme Court thrust a police stinger under the tyres of a fast car chartered by the cheating husband and owner of the Nigerian oil company Petrodel. For background information read my previous piece - Hey Presto : It’s not fair! Mrs Prest has good reason to be impressed with the outcome of her Appeal to the Supreme...

Christmas: The time for peace on earth and goodwill to all men - and the latest divorce rate stats from the Office for National Statistics(ONS). According to data fresh in, the divorce rate for 2010 was just shy of 120,000. This is 5% up on the previous year and represents the first actual increase in the rate of divorce since 2003. Apparently experts at the ONS blame the latest rise in divorce squarely on the downturn in the economy. The credit crunch...

Many clients are under the misconception that mediation is a form of counselling in an attempt to reconcile the marriage or the parties’ differences, perhaps concerning contact with the children. This is not the case. Mediation works as a way for the parties to attempt to settle their differences in the presence of a trained mediator who is an independent third party. The parties are invited to attend separate meetings for the mediator to establish what their views are/what they would...

North Devon Divorce Solicitor, Paul Jordan reviews the decision in Kernott –v- Jones and issues a warning to unmarried couples and cohabitees Leonard Kernott’s 50% share of a property he bought with his former partner, Patricia Jones was sensationally slashed in November 2011 to just 10% by the highest court in the land, The Supreme Court. The decision has sent a tsunami through the legal world. Some 20 years ago, Leonard and Patricia fell in love and, as couples do, bought a...

Family law solicitor, Paul Jordan, assesses the recent decision in Kernott-v-Jones and its implications for non-married joint property owners. When property is purchased jointly, consideration needs to be given to the way in which ownership is shared among the purchasers, especially when those purchasers are co-habitees. Lawyers and Judges routinely look to see whether the owners entered into a Declaration of Trust that would determine the percentage share which each of them own. This is regarded by the courts as clear...

Some would say this is a given. But, unfortunately, in some cultures, it is not. The law now finally offers protection to those who are most vulnerable in these circumstances. The Forced Marriage (Civil Protection) Act 2007 in force from 25th November 2008 has been inserted into the Family Law Act 1996 as a new part 4A. A court order made under this section can protect anyone from being forced into marriage, any attempt to be forced into marriage, or already...