What is mental capacity? Mental capacity is the ability to understand, make, evaluate, and communicate particular decisions. You must understand the decision, retain the information that helped you form the decision, and appreciate the potential consequences that
When parents cannot agree about arrangements for their children, the Family Court may need further information before deciding what is in a child’s best interests. One way of obtaining this information is through a Section 7 report.
If you are purchasing or selling a property or registering a mortgage or lease but do not have a solicitor acting for you, the Land Registry needs to be sure of your identity and that you are
The findings of the Thirlwall Inquiry have brought safeguarding back into the spotlight, particularly the importance of recognising concerns and acting on them. The Inquiry looked at the deaths and attempted murders of babies at the Countess
The birth of Bonnie Blue’s baby has created debate that is much bigger than whether people approve of her career. Bonnie recently announced that she had given birth to her first child following a pregnancy that had
Closure Orders have been introduced to provide a response to properties that are linked to crime or persistent anti-social behaviour. The police or authorities first issue a short-term notice, namely a closure notice, which lasts 48 hours
Social Services cannot legally force you to move out of your home. However, they can strongly advise you to do so if they believe that you are a risk to the children in the home. If you
A Deed of Variation is a legal document that allows beneficiaries to redirect the way a deceased person’s estate is distributed after their death by altering the Will or Rules of Intestacy. The purpose of this is
When allegations of domestic abuse are made there are different remedies available to the Court; there are two main types of Family Court Order to protect someone from domestic abuse, Non-Molestation Orders (NMO) and Occupation Orders (OO).
When a child cannot safely remain in the care of their parents, the Court will need to consider what arrangement best meets their needs. In some cases, a Special Guardianship Order (SGO) may allow a child to
It is now clear that crypto-assets are not simple a passing fad, and that they are here to stay. According to research by YouGov in 2025, it is estimated that 8% of the UK adult population own
Kelly Higgin’s was a child when her mother, Bernadette McNeily, was convicted and imprisoned for life for her part in the horrific torture and murder of 16year old babysitter, Suzanne Capper, in Manchester in 1992. A tragedy
When adults attend the Family Court, people write reports, make notes and record information about children. Social Workers, CAFCASS officers, Solicitors and Judges may all write things that the Court rely on to make decisions about a
If you have been arrested and interviewed by the police for a drug offence it is important that you seek legal advice at the first opportunity. Drug offences are classed as serious offences. Classification of Drugs The
An amicable divorce and a fair financial settlement are not necessarily the same thing. Many couples want to avoid conflict and reach an agreement between themselves. That can be a positive approach, but it is important to
If you are being investigated by the police for a criminal offence, it is important to consult a solicitor to determine whether pre-charge engagement could be an important factor in your case. What is pre-charge engagement Pre-charge
The offence was introduced in 2022 for those who committed careless driving where serious injury is caused. What is careless driving? Careless driving, which can also be referred to as driving without due care and attention, is
If an Adoption Order has not yet been made, a birth parent may apply to the Court for permission to oppose it. The Court determines whether to grant this permission on a case-by-case basis. However, to be
If you are separating from your child’s other parent and cannot agree on where your child will live or how often they will see each of you, you may be looking for a solicitor who can assist
If you are searching for a ‘child custody solicitor near me’, the results will list the firms nearby, but they will not indicate who is capable of achieving the right outcome for you and your child. What
If you are looking for a solicitor who deals with Child Arrangements Orders, the specialist Family Team at Johnson Astills can help. A Child Arrangements Order, as it is formally known, is the order the family court
Parents searching for ‘child custody solicitors UK’ are usually dealing with one of a small number of situations, such as a separation where arrangements for the children cannot be agreed, an existing arrangement that has broken down,
Parental responsibility is one of the most important and least understood concepts in family law, and questions about it are among the most common reasons parents contact a solicitor who can deal and advise them in relation
When Care Proceedings are issued, the Court’s primary concern is ensuring the safety and welfare of the child. In some cases, there may be significant disagreement about important events or allegations that are central to the case.
When considering the finances that arise out of a divorce, you may be required to obtain a pension report. But what is a pension report, and why are you being asked to obtain one? Why do I
When parents separate, few questions matter more than where the children will live and how they will maintain a relationship with both parents. Many people search for a ‘child custody solicitor’ when they are facing these decisions,
At the highest end of the wealth scale, divorce can be a complex exercise in untangling sophisticated financial arrangements while protecting reputation, privacy, and family interests across generations. A high net worth divorce typically involves operating businesses,
Where a separating couple decide that one spouse’s pension should be divided between them, that division is carried out by a specific court order, known as a ‘pension sharing order’. Understanding what pension sharing orders are, and
Adjusting with your child not living with you full time is one of the hardest parts of any separation, and putting arrangements in place for your child can be a source of considerable tension. Parents often look
At Johnson Astills, we understand that dementia affects not only those living with the condition, but also their families and loved ones. Our Wills & Probate team, regularly meet clients who may be living with dementia or
We all experience moments in our lives when we feel vulnerable – perhaps due to mental or physical illness, grieving a loved one or simply facing difficult decisions. At times like these, we often need to seek
When a relationship breaks down, often, this can impact grandparents contact with their grandchildren. Unfortunately, grandparents do not have an automatic legal right to spend time with their grandchildren. However, as a last resort, grandparents can apply
The school summer holidays can be a lovely opportunity to spend with your children, but for parents who have separated, it can be a difficult time to navigate. There are many issues that can crop up about
The usual parties within Court Proceedings are those directly involved with the child, such as the parents, social services and the children’s guardian. However, sometimes additional people may be affected by the outcome of the case and
What is the new social media ban? The UK Government has recently confirmed that a social media ban for under-16s will be introduced in early 2027. Prime Minister, Sir Keir Starmer, has said “keeping children off social
Driving without due care and attention is a criminal offence, which is often referred to as careless driving. The offence is committed when a driver’s standard of driving falls below what is expected of a competent and
Changes to the law in relation to pensions and Inheritance Tax is due to come in to force in April 2026. This means that now is a good time to review the provisions of an existing Will
If my partner and I were to separate, would I have any financial rights? As the law currently stands, unlike married couples, unmarried couples living together do not automatically have rights over any property or assets in
Concerns around drug use and alcohol use are common in Care Proceedings and Child Protection work. Parents are often worried about what professionals may already know, how concerns will be investigated and whether past difficulties with drugs
The public figure Bonnie Blue has recently publicised her unverified plans surrounding her pregnancy, including how she claims she became pregnant and her plans for an unconventional baby shower. There has been considerable discussion online about her
Special guardianship is a family court order that allows a child or young person to live with someone other than their parents, providing a long-term care solution. The person(s) with whom the child lives with will become the child’s special
Funeral wishes in a Will are not legally binding. This is because often the funeral takes place before the Will is read. Whilst we recommend including your funeral wishes in your Will (i.e. cremation or burial), our
When a child who is jointly charged with an adult the first hearing will take place at the Magistrates court and not in the youth court. However, generally, childrens’ cases should be dealt with in the Youth
Yes, you must attend a Pre-Proceedings meeting if you have received a Pre-Proceedings letter. You should seek legal advice as soon as possible after receiving the letter, and a legal representative can attend the meeting with you.
Can I move my child within England and Wales without consent? If you have Parental Responsibility, you do not need permission from the Court or consent from the other parent to move a short distance away with
Life Interest and Right of Occupation Trusts are two common Trusts created by a Will, typically used by couples wanting to protect their respective share of their property. What is a Life Interest Trust? A Life Interest
There are 4 main stages to the divorce process: The application – made either solely or jointly with your spouse. The acknowledgement of service form completed by the Respondent (this does not apply if the application is
The Court process is lengthy, unpleasant and acrimonious, and can often result in parents facing large invoices for legal fees regarding sometimes relatively trivial matters. There are alternatives, but most people don’t consider these in relation to
If you are involved in Care Proceedings, you may hear professionals talking about ‘threshold’ being met. In simple terms threshold is the legal test that the Court must be satisfied about before it can make Care or
Blended families are becoming more common, and second marriages bring together couples with children from previous relationships. While many couples intend to ensure that everyone in the family is provided for, without the correct estate planning it
