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
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
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 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
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
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
Deputyship applications can be made to the Court of Protection for an order appointing you as Deputy to manage the property and financial affairs of your friend / relative. Becoming a Deputy for your friend / relative means
Why do I need to update my Will? It is important to make sure that your Will reflects what you would want to happen to your estate if you were to die now. This way, it gives
The aim of the Pathfinder pilot is to bring together local authorities, police and other support services to gather and share information on a private law (applications brought about by parents) children case at the earliest opportunity.
Any type of property transaction involves several important steps and sometimes this process can be time consuming. As we draw closer to the Stamp Duty Land Tax deadline on the 31st March 2025, thousands of individuals across England
Gisele Pelicot is a name that, in certain circles, is associated with personal strength and resilience. She has recently emerged as a symbol of survival, particularly by those affected by Domestic Abuse. Her journey intersects with issues
It is not uncommon that following a breakdown of a relationship, that one party wishes to relocate (with their child(ren)) either in the UK or abroad. This can be a complicated and emotional process with legal implications
Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering When a child is unable to remain in the care of their birth parents, there are several options for family placements
A Fixed Penalty Notice (FPN) is an official notice issued by the police for certain driving offences. Fixed Penalty offences, such as speeding, driving without insurance, using a mobile phone while driving, an FPN may be issued
In most cases, the dispute between spouses can be resolved without an application to the Court to commence financial remedy proceedings needing to be made. Some cases though cannot be resolved amicably, so it is useful to
What the 2024 Family Justice Council Guidance means for future Court cases Over recent years, the term Parental Alienation has become increasingly common, especially within Court proceedings relating to children. Allegations of alienating behaviours are often (but
Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final
There are various points to consider before gifting your property to someone else, including but not limited to: deliberate deprivation, gift with a reservation of benefit and potentially exempt transfers. What is Deliberate Deprivation of Assets? This
As of November 2024, the Government has announced they intend to reform the social care system. New rules and regulations have been put forward with an aim to widen opportunities for families to remain together. To summarise
Johnson Astills understand that property transactions, such as buying or selling a house can be a stressful process for any of our clients, but even more so for first-time buyers. Buying your first property is exciting and
Divorce is a stressful period for anyone, but it can be made more difficult by the death of an estranged spouse. The final Divorce Order (previous called a Decree Absolute) is the document that legally ends a
For all children, going into the Care system can be extremely daunting. Local Authorities do their utmost to ensure that children are placed with culturally appropriate foster carers, but this is not always the case. Can you
What is Divorce Day? It is believed that couples are more likely to end a relationship after spending the festive period together, therefore the first working Monday of the new year is referred to as ‘Divorce Day’.
The involvement of social services in a family’s life can be distressing, especially when parents fear that their child might be taken away. The fear of having your child “stolen” by social services is a common concern,
It can be a challenging prospect trying to deal with pensions in divorce proceedings. However, it is an asset that your spouse can make a claim over when considering how to divide the finances of the relationship.
On Monday 11th November, ITV released a documentary entitled “Her Majesty The Queen: Behind Closed Doors” which told the story of several domestic abuse survivors and detailed the Queen’s work to raise awareness about the prevalence of
A Section 7 Report is a court-ordered document prepared under Section 7 of the Children Act 1989. It is ordered when parents cannot agree on arrangements for children’s care, usually only if there are any aspects of
If you are summonsed to court as a witness, it is essential to understand what this means and the implications of failing to comply. A witness summons can be issued in cases where your evidence is considered
If you have been caught sitting behind the wheel drunk or even near your car after drinking, you might wonder if you are committing an offence. UK law allows the police to charge you with being drunk
Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected,
What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money,
New legislation came into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1st November 2024. According to the UK Government, the aim of the
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
Whilst Christmas might still feel far away, now is the ideal time to give some thought as to how you might manage arrangements with your ex-partner in relation to where and when your child(ren) will be at
How did you support The Royal British Legion’s Poppy Appeal last year? Did you buy a poppy? Johnson Astills are supporting The Poppy Appeal again this year by adding a ‘poppy’ to our logo on our website. The
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your
An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific
Amid the current whirlwind of controversial allegations that surround Sean Combs, the backdrop to his behaviour has a prolonged history of allegations of domestic violence and abuse dating back to the 90’s. In November 2023, Cassandra Ventura
The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will not have the same legal rights available to a married couple upon
The process to split your finances from those of your spouse can be a long, difficult and emotionally draining process. For those who have been subjected to domestic abuse of any kind, the process can be much
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include step-children,
On 20th September 2024, the Home Office announced new measures aimed at improving their response to domestic violence within the Police. These measures form part of Raneem’s Law, a legislation announced in response to the failures leading
Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care
Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ). While dodging a minor
Every year, World Mental Health Day is recognised by the World Health Organisation on the 10th October. The theme of this year’s World Mental Health Day is ‘it’s time to prioritise mental health in the workplace.’ This
