Driving whilst using a mobile phone
Using a mobile phone or any handheld device while driving is one of the most common road traffic offences prosecuted in the UK today. What may seem like a quick glance at a message or a brief
Firm News
Government to consider changes to Cohabitation Law? Why is this a big deal and what it means for you.
The Government has faced increasing pressure to confirm its plans for reform of its cohabitation law, to strengthen the rights and protections offered to those in cohabiting relationships. More people are living together without marrying. There are
What is a Cognitive and Capacity Assessment?
When a Local Authority issues Care Proceedings, the Court must ensure that all parties can participate effectively in the process. One crucial consideration is whether a parent has the mental capacity to understand, engage with and instruct
Good Divorce Week 2025
The week commencing the 10th November 2025 has been designated Good Divorce Week by Resolution, an organisation comprising family lawyers committed to resolving family law matters as amicably as possible. Whilst not all of our Family Solicitors
What is a Longstop Provision in a Will?
When people make a Will, they do this to ensure that their estate passes to their chosen beneficiaries. Something that is often not considered is what would happen to a person’s estate if all of their nominated
Who and What is the Official Solicitor?
A person who lacks litigation capacity will be allocated a case worker on behalf of the Official Solicitor to act as their Litigation Friend in Court Proceedings. The Official Solicitor acts as a last resort representative for
Happy Halloween!
Halloween often sees the rise in anti-social behaviour crimes, with people out ‘trick or treating’. But this year Halloween falls on Friday 31st October 2025, with the spooky occasion falling on a Friday, police are expecting a
What will Children’s Services do about Domestic Abuse?
Domestic abuse can have a significant impact on every part of family life, including when Children’s Services become involved. Many parents worry that asking for help will mean that their children are taken away, but in most
What does ‘joint tenants’ or ‘tenants in common’ mean on death?
When a property is owned by two or more people, it can be owned in two different ways – joint tenants or tenants in common. The way in which you own your property can determine how it
Types of Harm Considered in Care Proceedings
When the family Court deals with care proceedings, the main question is whether a child is suffering, or is likely to suffer, ‘significant harm’. This term comes from the Children Act 1989, which sets out the legal
What is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a time limited protective order for emergency situations where there is a reasonable cause to believe that a child is likely to suffer significant harm. The three grounds on which an
What is a Property Information Form?
The Property Information form, known as the TA6 form, is a detailed questionnaire about the sale property that sellers are required to complete and return to their solicitor / conveyancer. The form is designed to give the
Football Banning Orders
Now that the football season is back in full swing, the police continue to take action over disruptive fans at football, with ongoing arrests and continued applications for football banning orders. What is a Football Banning Order?
Government Action to Protect Children from Abusive Parents in the Family Courts?
Every child involved in court proceedings deserves to be safe. However, new evidence published on 21st October 2025 shows that assuming it is always in the best interest of a child to have the involvement of both
How Often Will I See My Child During Care Proceedings?
When Care Proceedings begin, one of the biggest concerns for parents and families can be how much contact they will have with their child. The law recognises how important these relationships are and contact arrangements must be
What happens to my Will if I get divorced?
Under current legislation in England and Wales, divorce does not revoke your Will. Once the divorce or civil partnership dissolution is finalised, your Will remains valid, but your ex-spouse is treated as having died during your lifetime.
What final orders can be made at the conclusion of Care Proceedings?
Care Proceedings are issued by the local authority when they have concerns about the welfare of a child. The court process is intended to conclude after 26 weeks, and the Family Court must then decide what arrangements
What are the Money Laundering Regulations 2017?
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force in June 2017. The Solicitors Regulation Authority (SRA) has developed Anti-Money Laundering (AML) guidance for the legal sector to
Landmark Package to Pursue Domestic Abuse Perpetrators
On 16th July 2025, the Home Office unveiled a £53million landmark package aimed squarely at the most dangerous domestic abuse perpetrators across England and Wales. The goal of the package is to tackle domestic abuse at its source,
How can I prepare for a Parenting Assessment?
If social services are involved with your family, you may be asked to take part in a Parenting Assessment. This is a detailed process where professionals look at how well you meet your child’s needs and whether
Standish -v- Standish – Clarification as to Non-Matrimonial Assets
On the 2nd July 2025, the Supreme Court delivered a judgement in relation to the case of Standish -v- Standish [2025] UKSC 26. This case had been closely watched by family law solicitors, including our experts at Johnson
What happens to my Will if I get married or enter a Civil Partnership?
Under current legislation, if you have prepared a Will and then subsequently get married, or enter a civil partnership then this automatically revokes (cancels) your existing Will. There is an exception if the Will is drafted in
Child in Need through to Care Proceedings
When social services become involved with families it can be frightening and overwhelming. Many parents worry that ‘social services want to take my children away’ but the reality is the law requires local authorities to assist and
I am selling my house – why do I have to complete so much paperwork?
At Johnson Astills we appreciate that selling a property can involve a lot of paperwork and a lot of questions that you may be unsure of. We have put together this brief guide to assist you with this process.
What is the express financial remedy procedure?
Since the launch of the new scheme in April 2025, financial remedy cases with limited means can be dealt with quicker. The details of this procedure are set out within Practice Direction 36ZH and supplement the Family
What is the Drive Partnership, the Drive Project and what does this have to do with Domestic Abuse?
The Drive Partnership is a partnership between Respect, Safelives and Social Finance. Respect: a membership organisation leading the development of safe and effective work with perpetrators, male victims, and young people using violence in their close relationships. Safelives: is
What Parents Need to Know About Patch Testing in Care Proceedings
If you are a parent going through Care Proceedings, drug testing might be something that the Court asks you to do. One newer test you might hear about is called Patch Testing. It is important to understand
What does making an order for parental responsibility and a declaration of parentage mean?
When you have a child ‘parental responsibility’ refers to all the rights, duties, powers responsibilities and authority which by law a parent of a child has in relation to the child and their property. The term focuses
My social worker told me that I have to be supervised with my child. What does this mean?
If the Local Authority have concerns about a parent’s ability to care for a child, they may request or complete an assessment of that parent’s ability for care for them. The concerns may arise from an injury
Conveyancing – Why do Solicitors ask for my ID documents?
Johnson Astills are authorised and regulated by the Solicitors Regulation Authority and are proud members of the Law Society’s Conveyancing Quality Scheme (CQS). All solicitors are legally required to verify client identities to comply with Money Laundering Regulations;
Why the Family Justice System is facing delays and what this means for Legal Aid and families.
In recent years, the Family Justice System in England and Wales has faced increasing pressure and delays within family proceedings have become more common. These delays are significantly affecting families by way of uncertainty in respect of
The hidden risks of a DIY divorce: why a financial order is essential
It is safe to say that divorce has never been more straightforward since the introduction of the ‘no fault divorce’ legislation in the UK. Where online services and easy-fix solutions are readily available, the appeal for separating
Can I Tell the Press About My Care Proceedings?
Being involved in Care Proceedings is often one of the most stressful experiences a parent or guardian can face. When your family life is under scrutiny of the Family Court, it is natural to want to talk
What Happens After a Police Interview Under Caution?
Being invited or taken to a police interview under caution can be a stressful and confusing experience, especially if it’s your first time. Whether you attended voluntarily or were arrested, knowing what happens after the interview is
What happens if a beneficiary cannot be found?
When someone dies, their estate must be distributed to the relevant beneficiaries. This will either be the beneficiaries named in a valid Will, or, if not, on the application of the Rules of Intestacy. The Personal Representatives (PRs)
I am being asked to monitor my alcohol usage through a breathalyser for social services.
If you have any involvement with social services that relates to your alcohol misuse it is likely you will be asked to undertake alcohol testing. There are lots of different methods that social services may use to
Dealing with the Estate of Someone Who Has Died
Who can deal with a deceased persons estate? The Personal Representatives are responsible for dealing with the estate. Where a valid Will exists, the Personal Representatives are the Executor(s) appointed in the Will. In the absence of
Will I get free legal advice if social services are involved with my children?
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you
National Stalking Awareness Week
This year, National Stalking Awareness Week will take place on 21st April – 27th April 2025 and the aim is to raise awareness around the signs of and how to spot stalking. It is estimated 1 in 5 women,
What is a Transfer of Equity?
When the legal ownership of a property is transferred, this is known as a transfer of equity. This process allows property owners to add their names onto the title of the property or remove themselves from the
What happens if you fail to respond to a request to provide driver details?
It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988. The registered keeper of
Domestic Abuse is a national emergency, with a deadly impact.
Every life lost following domestic abuse leaves behind a family heartbroken. For too long these deaths have been treated as ‘unavoidable tragedies’, but they are not.’ – Julie Devey, Chair of Killed Women (organisation and network for
What will happen at a Child Protection Conference?
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a
Civil Partnerships 20 years on…
This year marks the 20th anniversary of the Civil Partnership Act 2004 which came into force on 5th December 2005. The first civil partnership registration took place on that same day allowing same-sex couples to enter a similar lifelong
What is a Re B-S analysis, and does it impact my Care Proceedings case?
Re B-S was a Care Proceedings case that took place in 2013 and has shaped how Local Authorities are expected to evidence analysis when showing their final care plans. Whilst there has always been a duty on
Drug Driving: What Counts as ‘Over the Limit’ and How It’s Tested
Driving under the influence doesn’t only apply to alcohol. Drug driving is a serious offence with dangerous consequences. But what exactly does being “over the limit” mean when it comes to drugs, and how do police test
Private School and Divorce – Who pays the School Fees?
There are many difficult decisions that need to be made when a divorcing couple are separating their finances from each other. For those parents who choose to send their children to private or public schools, there is
How long does it take to get a Grant of Representation?
How long are the Probate Registry taking to issue a Grant of Representation? HMCTS have recently confirmed that Probate Registry wait times, for straight forward applications, for a Grant of Representation have more than halved. The average
Stalking Offences in the UK – what are they and the consequences
What is Stalking? Under the Protection from Harassment Act 1997, stalking is recognised as a pattern of repeated, unwanted behaviour that causes distress or fear in the victim. Examples of stalking behaviour are; following a person contacting, or
I do not feel able to care for my child anymore. What can I do?
Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by
