Free Wills Month
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to
Our Blog
Beware of the Remarriage Trap
Dissolving your marriage may feel like the end of a very long and turbulent road, and that you have finally reached the light at the end of the tunnel. However, should you remarry, you may fall foul
What is a Placement Order?
A Placement Order is a Court Order which says that a Local Authority can place a child for adoption with prospective adopters, who have passed all the necessary checks and are a suitable match for a child.
Intestacy Rules – The Increase in Statutory Legacy in 2023
What is Intestacy? Intestacy is where someone dies without a Will, or without a valid Will. The Rules of Intestacy means that a deceased person’s estate will be distributed in accordance with these rules, and this may
What is a Supervision Order?
A Supervision Order is one of many orders that the Court has the power to grant a Local Authority in Childcare Proceedings under section 35 Children Act 1989. The purpose of a Supervision Order is to impose
Child Support (Enforcement) Act 2023 and The Child Support Collection (Domestic Abuse) Act 2023
What is this new law? The Child Support (Enforcement) Bill was introduced by MP Siobhan Baillie and Baroness Redfern and received Royal Assent on 20th July 2023, meaning it is now law. This Act means that the
Exchange of Contracts
What is an exchange of contracts? Exchange of contracts is when the buyer’s solicitor and the seller’s solicitor swap the contract documentation to confirm an agreement has been made between each party for the sale of the
Can I Make Amendments To My Lasting Powers of Attorney?
What is a Lasting Power of Attorney? There are two different types of Lasting Power of Attorneys (LPAs): Property & Financial Affairs and Health & Welfare. Each of these documents allow you to appoint Attorneys to deal
What is the new law on a Section 20 agreement and how does this affect me?
What is a Section 20 agreement? You as a parent can voluntarily enter into a Section 20 agreement. A Section 20 agreement allows your child to be accommodated willingly in either foster care, with your friends, or
I received a Letter of Intent to Issue Care Proceedings – What Does This Mean?
The Local Authority will send you a Letter of Intent to Issue Care Proceedings once they have decided that there are significant concerns regarding the safety of your child/children, and the only way to keep them safe
Mothers’ reoccurrence at care proceedings: how can we prevent the cycle?
It has been estimated that 1 in 4 women in England and Wales are at risk of return to court within 10 years after the initial set of proceedings. In 2015, findings from Broadhurst et al provided
Full Title vs Limited Title Guarantee
When a property is sold, generally the seller agrees to sell their property with ‘full’ or ‘limited’ title guarantee. Full Title Guarantee Full title guarantee confirms that the seller has the right to sell the property and
No Pride in Domestic Abuse.
Approximately 25% of people in the Lesbian, Bisexual, Gay and Transgender community suffer from Domestic Abuse within relationships. However, it is considered that domestic abuse within these communities is underreported, as the persons are fearful that their
Caught Speeding – What are the consequences?
Leicestershire saw almost twice as many speeding prosecutions in 2022 compared to 2021, reports show. Nationally, the number of drivers receiving a speeding conviction has reached an eight-year high. Most people caught speeding were offered a fine
Separated Parents: Can I take my child on holiday abroad?
With the summer holidays fast approaching, many will be seeking some summer sun overseas. However, for some separated or divorced parents, this can be problematic and we suggest having the conversation about holidays as soon as possible,
Why are Drug/Alcohol Tests Ordered with Child Care Cases?
Substance abuse can have a significant impact on childcare proceedings, as it can lead to social workers having concerns about the safety and wellbeing of children. When a parent or caregiver struggles with substance abuse, it is
Can I Leave Gifts to Minors in My Will?
People often want to leave money or gifts in their Will to children or grandchildren. There are different ways in which you can do this, and it is important to consider how you want to leave your
I’m being asked to consent to a section 20, can this be a long-term agreement?
What is a section 20? Section 20 is a voluntary arrangement that parents can consent to and withdraw this consent at any time. The agreement allows the child to be voluntarily accommodated in foster care or with
Can the DVLA Revoke my Driving Licence?
Why would the DVLA revoke my licence? UK law requires motorists to notify the DVLA of any medical condition which could impair their ability to drive. Medical reasons can include but are not limited to: epilepsy diabetes strokes and
My children are in foster care, can I get them back?
What is a Foster Carer? Foster Carers can offer children a safe and loving home when they are not able to remain with their birth parents. Why have my children been placed into Foster Care? Children
Love Bombing – attention today, abuse tomorrow
As of 24th April 2023, Love Bombing is now recognised by the Crown Prosecution Service as a sign of emotional abuse in the UK, but what is Love Bombing and what are the signs? Love Bombing is
Can the Police Obtain Information From my Childcare Proceedings?
Childcare proceedings are confidential, which means the disclosure of information deriving from proceedings is governed by strict rules and protocols. If the Police wish to obtain information from your childcare proceedings, they need to make an application
I have been arrested for rape what happens now?
Being arrested for rape or any sort of sexual offence can be a terrifying experience. Having been through the turmoil of an arrest and interview you find yourself bailed to return to the police station. Of course,
Building Safety Act 2022
Following the Grenfell Tower fire in 2017, the government aimed to reform building safety legislation through the introduction of the Building Safety Act 2022. The act is up to 260 pages and contains 6 parts. Various consultations
Can I have more contact with my child who is in care?
The Local Authority in each area will have a designated team who deal with Child Protection. They have a wide range of duties and powers as detailed within laws. One of the duties and powers of the
Misconceptions of Lasting Powers of Attorney
Lasting Powers of Attorney are some of the most important documents you can make in your lifetime. LPAs have been in the news over the last few weeks following a discussion about them by Martin Lewis who
Can I Leave Cryptocurrency In My Will?
Cryptocurrency is becoming more and more common in the investment market with at least 4.2 million people in the UK currently owning it in some form or another. You may choose to leave your digital assets to
Judges have been told to jail fewer people due to the capacity crisis in the prison systems
At the start of March there were 83,990 prisoners in England and Wales meaning that prisons were 1,200 prisoners short of the prison system’s useable operational capacity. What does this mean for me and my case? The
What is a Section 91(14) Order and how can it protect me?
A Section 91(14) Order is known as a ‘barring order’ and relates to Section 91(14) of the Children Act 1989. This type of Order allows the court to prevent individuals, usually parents, from making an application to
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,
