When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly
The Government is proposing new laws regarding domestic abuse, which will, for the first time, create a legal definition of domestic abuse, including economic abuse and controlling, manipulative non-physical abuse. The Home Office estimates that the cost
Taking drugs can impair your driving skills, causing dizziness, drowsiness, slower reaction times and an inability to concentrate. Not everyone realises it is illegal to operate a motor vehicle whilst being unfit through the consumption of drugs. Should
A Children’s Rights Officer (CRO) is a professional who supports children or young people who currently have Local Authority involvement or are classed as looked after by the Local Authority for example they are in foster care.
Child Arrangements Orders are Court Orders that confirm whom a child is to live with and/or spend time with (often referred to as “contact or access ”). In short, they set out the arrangements for children where
You do not have to go to Court and there are other options which we can discuss with you. One option is the collaborative approach. Under the collaborative law process, each of you will appoint your own
It is becoming increasingly more common for parties to self-litigate rather than use a solicitor to assist and advise them through family law matters. There is currently a former police chief inspector who is setting up a
It is common for a parent with whom a child is not residing to feel frustrated that the primary carer of the child is not facilitating contact arrangements as per a Court Order. Do you feel that
Senna & Aldenberg & Anor [2018] FCCA 2711 In October 2014 in Australia, an Order was made by agreement which provided for the children to live with the mother and spend time with the father. Shortly after the
Also referred to as a ‘living together’ agreement, a cohabitation agreement is a legal document entered into between couples who have chosen to live together, which clearly sets out how finances are to be handled and what
The Local Authority have a duty to protect children and the case of CN and GN v Poole Borough Council [2017] EWCA Civ 2185 reminds us of the importance of this. Our Care Team at Johnson Astills
There are two main offences that are prosecuted in relation to state benefits: The dishonest offence It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to
The Judge orders a ‘Fact Find’ hearing within care proceedings (when the Local Authority is the Applicant) if it believes that the facts of issue in the case cannot resolved at the final hearing. Fact Find hearings
On a divorce or dissolution, married couples/civil partners have a right to a fair share of any assets that they or their spouse owns. The Court will have discretion to consider the circumstances and history of the
WHEN CAN THE COURT MAKE SCPO? A Serious Crime Prevention Order is a civil order which the Crown Court can make if you are convicted of a ‘serious offence’. A ‘serious offence is one of the offences
Santander UK plc v Fletcher & Anor [2018] EWHC 2778 (Ch) Background Mrs Fletcher (the appellant) has lost her home after becoming a victim to fraud by her own Son, Mr Fletcher. Mr Fletcher was convicted of
As of 6th December 2018, firms regulated under the SRA are required to publish the prices they charge and what the price includes and excludes, for Conveyancing, Probate, Motoring offences, immigration advice and the cost of bringing
According to Women’s Aid, an average of two women are killed by their partner or ex-partner every week in England and Wales. The Domestic Violence Disclosure Scheme, known as Clare’s Law, was introduced on the 8th March
It is a well-known fact that domestic abuse hurts children, whether they are physically caught up in the middle of it, or a witness, it causes emotional abuse. Latest government statistics show that half of the children
In recent years there has been an increase in the use of smart phones and technology that allows recordings to be made on devices that can be easily concealed. When representing parties in family proceedings we are
Last Thursday, on what was a cold, grim, winters evening, Emery Johnson Astills hosted a pre Christmas networking event ‘Fizz, Food & Friendly Faces’ at the Parcel Yard in Leicester. The weather did not deter and over
DRIVING DISQUALIFICATION? JOHNSON ASTILLS CAN HELP YOU GET YOUR LICENCE BACK If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not it is possible to
At Johnson Astills one of the most frequently asked questions we receive is regarding the totting up procedure. We are aware that the risk of losing your licence can have a profound impact on your life. You
On 31st October the first anti-fracking protesters to be sentenced to imprisonment had their manifestly excessive custodial sentences quashed by the Court of Appeal and replaced with conditional discharges. Following a 4 week trial at Preston Crown
Research conducted by Lancaster University has revealed that one in four mothers who have had a child removed through the Family Court are likely to face Care Proceedings again for future children. This often happens within a
Japanese knotweed can be found almost all over the country. The uncontrolled and invasive nature quickly allowed it to become a pest in the UK. In the winter the plant dies back to ground level but by
Domestic abuse ruins the lives of its victims with more than 2 million people subjected to this terrible crime each year. However, NSPCC statistics show that as many as 1 in 5 children in the UK are
Changing a child’s surname may not be as easy as you think and will depend on many variables. However, our specialist team at Johnson Astills can help you. A child’s name must be registered within six weeks
Stamp Duty Abolished for all first-time buyers of shared ownership properties worth up to £500, 000 and Help to Buy Scheme extended to 2023! Chancellor Phillip Hammond announced plans to correct an anomaly from his previous budget
You may be asked to provide a breath sample at the roadside if you are suspected of driving with excess alcohol in your body. If you provide a positive sample, you are likely to be arrested and
MPs are calling for stronger action to tackle Domestic Abuse. A figure revealed by MPs from the Home Affairs Select Committee has shown that almost 200 victims of Domestic Abuse are turned away from emergency refuges every
Hair strand testing is often used in care proceedings where there are concerns that parents are or have been using illegal substances. Hair strand testing is used in both public and private children proceedings. Hair strand testing
The Half Marathon Relay was held in Leicester alongside the Leicester Half and Full marathon. This year it took place on 14th October and Emery Johnson Astills had the greatest pride in
Stalking and harassment has been prevalent in the news in recent times. These days there is much greater awareness of these issues and yet, here at Emery Johnson Astills, sadly we often receive calls from people informing us
When the Local Authority have concerns about the welfare of a child, they will usually have ongoing involvement and conversations with the parents of the child. In making a plan to keep the child safe, the social
When purchasing a home, you should be aware of restrictive covenants affecting the property, to avoid costly mistakes. At Johnson Astills, we will ensure that you know exactly what you can and cannot do with your property
What is post-sentence supervision? Post-sentence supervision is a requirement which is applied to all offenders who receive a sentence of less than 2 years imprisonment. It was designed to provide a second supervision period to assist in
Until now the only specific offence has been that of assaulting a police officer. This is a summary only offence which carries a maximum of 6 months imprisonment. A new law has been passed which will create
Up until 2004 same sex couples had little rights in order to formalise their relationships. Civil Partnerships were therefore created in 2004 to give same sex couples similar legal and financial protection to a married couple. Marriage
The Local Authority has many responsibilities. Some of these responsibilities are voluntary in nature and some of them are mandatory and are contained in the Children Act 1989, which is an important piece of legislation. This article
County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other form of “deal
Carrying an offensive weapon is a serious offence. The unlawful provision and possession of weapons encourages violence and can cause serious injury and death. In addition to this possession of weapons also assists in the facilitation of
These enquiries refer to section 47 of the Children Act 1989. Section 47 of the Act covers a Local Authority’s, or Social Services, duty to carry out an investigation or assessment when they are informed that a child,
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint attorneys to make decisions on your behalf. Most people appoint trusted friends or relatives. Some decide to appoint professional attorneys and, in
Under Section 34(1) of the Children Act 1989, where a child is in the care of a Local Authority, the Local Authority must allow ‘reasonable contact’ between a child in its care and their parents, guardian and
Buying and/or selling a house can be a stressful period in your life with constant pressure to exchange contracts as quickly as possible. What happens if you discover the seller was a fraudster after contracts were exchanged
Gemma Curtis, a solicitor in our care team entered the Great North Run 2018 and ran for Emery Johnson Astills’ chosen charity – Bodie Hodges Foundation. The Great North Run is the biggest half marathon in the
Where a child has suffered an injury and the cause of this injury is unknown, the Family Court may decide that a Fact Finding Hearing is necessary to hear the evidence available. The Court will hear evidence
CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS represent children in Family Court cases in England. Their role is to put children’s wishes and feelings forward and make sure that decisions are made
