What is a Fact-Finding Hearing?
The Court has the power to order a fact-finding hearing in care proceedings, yet many parents did not know what a fact-finding hearing is until speaking to a solicitor. This article aims to explain what a fact-finding
The Marriage and Civil Partnership (Minimum Age) Act 2022
A new piece of legislation came into forced on the 27th February 2023, which means it is no longer possible for anyone under the age of 18 to marry or enter into a civil partnership. This is
Special Reasons – Drink Driving
Special Reasons it is not a defence but an argument surrounding the circumstances of the offence and if argued successfully, could avoid or reduce a disqualification. The argument is specifically around the drink driving incident itself and
Will I get extra support during Care Proceedings?
If you are a parent with additional needs, such as learning difficulties or cognitive functioning issues and the Local Authority are involved with your children, you may be entitled to extra support. What are Care Proceedings? When
Johnson Astills proudly supporting inaugural National Conveyancing Week
Johnson Astills is proud to be associated with a brand-new initiative to improve the experience of home movers and professionals involved in the home moving process. National Conveyancing Week has been launched to raise the profile of
Can the media report on my family court proceedings?
Generally, those subject to family court proceedings are protected from the details of their case being shared with the public. This applies to both private and public law family proceedings and only very limited reporting can take
Women in Law
As International Women’s Day on 8 March 2023 approaches, we are reflecting on the numerous and varied roles that women play in our society. It’s a time for looking forward, but also reflecting on the past. With
Romantic Contracts: Pre-nuptial Agreements
Divorce solicitors and Valentine’s Day are not typically topics mentioned in the same sentence. However, as pre-nuptial agreements become more widely used, what better time to consider preparing a pre-nuptial agreement than Valentine’s Day, when many couples
Can I Oppose an Adoption Application?
The Local Authority might have been successful in obtaining a care and placement order for your child, but that does not mean that your child will be adopted once a prospective adopter has been found. With permission
Time to Talk – 2nd February 2023
What is Time to Talk Day? This year, Time to Talk day is on 2 February 2023. The day is organised by Mind and Rethink Mental Illness and promotes having conversations about mental health and how we
Voluntary Interviews – what are they?
Have you been asked by the Police to attend a voluntary interview, for a talk? A voluntary interview is conducted by a Police Officer when investigating a criminal offence, the person being interviewed is the suspect in
What is sexual assault and how can I get help?
Sexual assault happens when someone touches another person in a sexual manner without their consent. The Sexual Offences Act 2003 says that someone commits sexual assault if all of the following happens; They intentionally touch another person.
The Local Authority have issued care proceedings – how long will it take?
How long should public law proceedings take? When the Local Authority initiate public law care proceedings, the standard duration of these proceedings should be 26 weeks which equates to 6 months. There may be some variance on
“Divorce Day” 2023
Divorce Day 2023 We know that the New Year is typically a time for reflection, and this includes thinking about relationships. Often, this period sees an increase in couples deciding to end their marriage or civil partnership.
Holidays are Approaching…
The Christmas season is fast approaching and the party season is well underway. Christmas drink drive campaigns may be starting to appear from local police forces. This will mean that once again police will be targeting drink
What is a ‘Nesting’ arrangement?
What is a ‘Nesting’ arrangement? A ‘nesting’ arrangement is a type of shared care arrangement in respect of children, after parents have separated. With nesting, the children stay in the family home and the parents move around
What am I entitled to if my partner dies without a Will?
If a person dies without a Will, what happens to their estate (ie assets, such as property and cash) will be governed by the Intestacy Rules. Who is entitled to what will depend on their relationship with
Football Banning Orders and the World Cup
In the 2021-2022 season the police continued to take action over disruptive fans at football, with over 2,100 arrests and 516 new Football Banning Orders issued. There is no doubt therefore that with the World Cup taking
What should I do if I am asked to consent to a s20 agreement?
What is a s20 agreement? A s20 agreement allows the Local Authority to accommodate a child and place them in foster care or other placement without a Court order. If the Local Authority are involved in your
What does it mean when the local authority initiates a s47 investigation?
A section 47 investigation (S.47) stems from the Children Act 1989 which is legislation that governs England and Wales. It means the Local Authority/Children’s Services have received a referral which has been made to them by any
What is Pre-Proceedings?
The Local Authority issue the pre-proceedings process where there are significant concerns regarding a child or children that are suffering harm or a child or children that are likely to suffer serious harm. This could be physical,
GOOD DIVORCE WEEK (28 Nov – 2 Dec ’22)
‘Good Divorce Week’ is an annual campaign by Resolution, a community of family solicitors and other professionals who work with families and individuals promoting a non-confrontational approach to resolving family issues, including divorce, the financial aspects of
Domestic abuse will rise during the World Cup
For some people, the World Cup is nothing more than a passion for football. For others, it can ignite a fear of abuse from a partner with pre-existing patterns of this behaviour, causing anxieties and worry. Research
National DoLs Court: a quarterly update
Following on from the National Deprivation of Liberty (DoLs) Court being announced in July 2022, the Nuffield Family Justice Observatory have published data in relation to the use of such applications. Over the first 3 months, there
International Men’s Day 2022
Every year, International Men’s Day is recognised on 19th November. This year’s International Men’s Day theme is “Helping Men and Boys”. The month of November is a significant time for men as it is also Movember where
Can I challenge my Police Bail Conditions?
If you feel that the police have imposed strict and unworkable bail conditions on you, our expert criminal defence solicitors at Johnson Astills can make an application to the Magistrates’ Court to have them changed or removed.
I have been invited to a Child Protection Conference for my child – what does this mean?
The Local Authority will arrange a child protection conference for a child if there are concerns regarding the child being abused or it is believed that the child is suffering or likely to suffer significant harm. A
Dressing up for Halloween? Don’t dress and drive!
If you are considering dressing up for Halloween, to go to a party as a scary character, be careful that your costume does not obstruct your ability to drive. If your costume could affect your driving, you
‘Domestic Abuse register to tackle violence against women.’
Perpetrators of domestic violence could be made to sign a register if Labour wins power, the party has announced. Shadow Justice Secretary Steve Reed has said that perpetrators of domestic violence would be monitored in the same
World Menopause Day
Today is World Menopause Day. A day providing an opportunity to break stigma that unfortunately still exist around menopause. A day to encourage open discussions about a natural transition in a woman’s life. Johnson Astills prides itself
What is child protection?
Child protection is about making sure children are kept safe and free from harm. Local Authority Children’s Services often become involved with families where children might be at risk of harm. Child protection means that professional services
Lasting Powers of Attorney – Property and Financial Affairs
There are 2 types of Lasting Powers of Attorney (LPA); Property & Financial Affairs and Health & Welfare. In this article, Johnson Astills will give you an introduction to the Property and Financial Affairs LPA. The Property
Stamp Duty Land Tax Changes- September 2023
The Chancellor of the Exchequer, Kwasi Kwarteng announced changes to the Stamp Duty Land Tax rules and these changes are effective from Friday 23rd September 2022. This means that regardless of when exchange of contracts took place,
I want to leave my abusive Partner- How can I protect myself and my children?
For the purpose of this Article, the term ‘partner’ can include your husband, wife, civil partner and unmarried partner or those who are living together (co-habiting). Domestic abuse/violence is widely defined by the Government as ‘any incident
Life Interest Trusts in Wills
What is a Life Interest Trust? A Life Interest Trust is a Trust included in your Will and can be a way, in certain situations, of protecting your share of your house for future generations after you
Who takes care of unaccompanied minors when they enter the UK?
Unaccompanied minors are children who enter the UK and may be seeking asylum under the Refugee Convention and may also be known as ‘unaccompanied asylum-seeking children (UASC). These children may experience a number of forms of harm
World Suicide Prevention Day
10th September 2022 – World Suicide Prevention Day #WorldSuicidePreventionDay Suicide and mental health are often seen as taboo topics and something that people are often scared to talk about. This stigma around mental health and suicide needs
Freehold vs Leasehold
When purchasing a property in the UK, the property can be either freehold or leasehold. The two are quite different and it is important to understand the differences when searching for a property to buy. Here at
Pensions and Life Insurance Policies?
When making or reviewing your Will and your Inheritance Tax position, considering how you hold your pension and Life Insurance Policies is very important. At Johnson Astills, we provide a comprehensive Will writing service and place great
What is an Emergency Protection Order (EPO)?
An Emergency Protection Order (EPO) is a time limited protective order for emergency situation whereby there is reasonable cause to believe that a child is likely to suffer significant harm on 3 grounds: The child is not
Can my children live with their grandparents if I am not able to care?
When the Local Authority have concerns surrounding a parent (or carer’s) care of a child then the Local Authority may complete an initial viability assessment of the capability of any wider family members or friends to provide
The Dangers of ‘self-help’ Financial Disclosure
Acrimony and Hostility between parties in divorce and finance proceedings can often give rise to a lack of trust in the financial disclosure submitted by the opposing party. In some cases, this can cause many a mistrusting
Things to know when Selling your Property
Selling your property, although may sound straightforward can often become prolonged and complicated. Not all transactions are the same due to several reasons but here at Johnson Astills, we are here to make the journey as smooth
Johnson Astills: an Award Winning ‘Team of Fabulous Women’
Johnson Astills: an Award Winning ‘Team of Fabulous Women’ https://www.leicestermercury.co.uk/special-features/johnson-astills-team-fabulous-women-7346956
Regional Legal Aid Firm of 2022 at the LALYs!
‘A Team of Fabulous Women!’ and ‘Leicester Legal Aid Legends’: Johnson Astills declared the Regional Legal Aid Firm of 2022 at the LALYs! What are the Legal Aid Lawyer of the Year Awards (LALYS)? On Tuesday 12
National DoLs Court is being launched at the Royal Courts of Justice
DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them. Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to
Things to Look out for when Buying a New Build Property
A New Build Property is a property that has never been lived in before and has been recently constructed. Buying a New Build property is different from buying an older property, so it is important that you
New Domestic Abuse Offences as of 7th June 2022
Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7th June 2022. What is the offence of strangulation or suffocation? The legislation states that a person
What can I do as an executor to make sure I find the most recent Will and details of all assets and liabilities in an estate?
If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving
Sentencing for sexual offending involving a “sting” operation
From 31st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with guidance
