Do I need a Consent Order?
We are often asked if a Consent Order is needed in divorce proceedings the answer is yes, it is advisable and recommended. A Consent Order is a document that is entered into willingly by both parties and it
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What can I do if my spouse doesn’t respond to my divorce papers?
When the Petitioner makes an application for a divorce, the spouse, known as the Respondent, is sent a copy of the application along with a form to complete called an Acknowledgement of Service (AOS). They are required
What if you’re caught in charge of your motor vehicle whilst over the prescribed limit?
With restrictions lifting there is an increase in drink driving offences, not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to
What do Social Services mean when they say my child is at risk of harm?
There are 4 main types of Harm that the Social Services may think your child is at risk of suffering or is already suffering. These 4 types are: Emotional harm, Physical harm, Sexual harm and Neglect. Your
Will my baby be removed from me at birth?
A recent study by Nuffield Family Justice Observatory found that the number of care proceedings in England which involved newborn babies increased by 20%. Between 2012 and 2020, the number of newborn babies subject to care proceedings
It’s coming home. Oh no, sorry, it’s not
It’s not coming home and I wish you weren’t either. Euros 2020. The highlight of year. Gareth Southgate leading our boys in white to the final. 120 minutes of white-knuckle entertainment, to see Italy win at the
Covid-19: What if parents cannot agree on vaccinating their child?
The decision as to whether to order the vaccination of a child has been an issue for the Courts for many years before the existence of the Covid-19 virus. Now that the roll-out of the vaccines for the
Failing to provide a breath specimen the consequences
The police can request a specimen of breath when they have reasonable grounds to suspect that you were driving, attempted to drive or drunk in charge of a vehicle where alcohol or drugs have been consumed. It
Joint Tenants or Tenants in Common, what is right for you?
Buying a home with your partner or family member is an exciting and a life changing experience. It is therefore to know the different forms of legal ownership and to understand how they both work before you
Important Things to Remember After You Move Home
The process of moving home can be exhausting and exciting all at the same time. However, once you have received the keys to the property there is still some important work that needs to carried out to
‘The Big Ask’ Survey – Children in England to have their say on Childhood
From April to May 2021, millions of children in England told the Government what their childhoods should look like in the largest consultation undertaken in England. ‘The Big Ask’ survey was led by the Children’s Commissioner for
Does the Human Rights Act 1998 protect parents in Care Proceedings
The protection of your Human Rights is vital in all aspects of the Law. Article 8 of the Human Rights Act provides that everyone has the right to respect for private and family life. How is this
What will happen if I run away with my child to avoid Social Services involvement?
When the Local Authority become involved due to concerns regarding a parent’s care of a child / children, it can be a very challenging time for the family. Many people feel that they wish to escape so
The Local Authority has applied to the Court for a Care Order – but what is it?
What is a Care Order in my Care Proceedings case? A care order gives the local authority parental responsibility for the child. The court may make an interim care order so that arrangements can be made to
How can someone find my Will after I die?
You may choose to share the location of your Will with your family members or perhaps you keep a good record in your files. However, family members may not remember what you have told them or are
The Domestic Abuse Act 2021
Following agreement by both the House of Commons and the House of Lords on its text, the Domestic Abuse Bill received Royal Assent on 29th April 2021, meaning that it is now an Act of Parliament and
What is involved in selling my property?
A sale transaction may sound simple and straightforward but there is a lot of work that needs to be carried out by Solicitors. Sale transactions can easily become complicated or prolonged. Not all transactions are the same
Revocation of driving licence for new drivers
As a new driver your licence is particularly important to you, however are you aware that your driving licence is automatically revoked by the DVLA, if you build up six or more penalty points within two years of passing
Mental Health Awareness Month
The week commencing 10th May is mental health awareness week. Having lived through the period of Covid-19 and Lockdown, mental health has become more openly discussed and we are being urged to take care of our mental health
How do I complete a Form E?
When you are going through a separation, your first thought might be to start divorce proceedings, but it is important to try and reach an agreement in relation to the finances at the same time. This can
Getting the most from your Help to Buy ISA account
The government closed access to new help to buy ISA accounts from 30th November 2019 and onwards. If you were fortunate enough to have opened a help to buy ISA prior to this date this guide will
What can I expect if I apply for a Child Arrangements Order?
It is common that when a relationship breaks down, conversations need to be had about the arrangements for the children to be able to spend time with both parents. It is always best if parents can reach
IS IT A LEGAL REQUIREMENT FOR LANDLORDS TO HAVE THE ELECTRICS TESTED WHEN RENTING OUT A RESIDENTIAL PROPERTY?
As of 1st April 2021, new electrical regulations came into force requiring Landlords to arrange an inspection and to supply an electrical safety certificate for all privately rented properties. What are the Regulations? The electrical inspections must
Special Guardianship – An Agenda for Change
In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407 spurred the need for change. Developments continue within this area of law. Recently,
Care Proceedings are lasting longer in Court due to COVID-19
The duration of Care Proceedings in Court has increased since the beginning of the lockdown and has reached the longest length since the 26-week target rule was introduced in 2014, despite the number of cases being issued
I have been asked to leave my family home away from partner and children by Social Services – what does this mean?
If social services have asked you to leave the family home, it is usually because they have safeguarding concerns about your presence within the household. This request can be stressful and confusing, but it is essential to
Appointeeship – What is an Appointee?
An Appointee is an individual/organisation registered with the Department for Work & Pensions (DWP). The nominated Appointee is allowed to receive another person’s benefits when they are unable to manage their finances. This could be due to
New Sentencing Guidelines for Drugs Offences
The 1st April 2021 will see updated and new sentencing guidelines for some drug offences come into force. These will apply to all cases sentenced on or after 1st April 2021. The updated and new guidelines are
Restricting your right to protest: the Police, Crime, Sentencing and Courts Bill 2019-2021
On 16th March 2021, the Police, Crime, Sentencing and Courts Bill passed its Second Reading in the House of Commons. The Bill has already caused controversy within the media, particularly in relation to the restrictions it seeks
Is it normal to exchange financial disclosure to reach a financial settlement in divorce?
Trying to agree a financial settlement during a divorce can be an intimidating and daunting prospect. In order to ensure a fair and reasonable settlement, we always advise clients of the need to exchange full and frank
What is the role of mediation in family law matters?
When a relationship breaks down, many issues can need resolving such as finances, divorce proceedings and often child arrangements. Sometimes it can be difficult to resolve these issues with your former partner and conversations may become heated.
Cladding – Government to bring an end to unsafe cladding
On the 10th February 2021, The Housing Secretary, Robert Jenrick discussed the issues surrounding cladding in the House of Commons and unveiled a five-point plan to bring an end to unsafe cladding. The Grenfell fire tragedy has
Should you use using an Estate Agent to sell your home?
Are you looking to sell your home or investment property? One of the most important decisions you can make when selling your home is whether to sell through an estate agent or to arrange your sale privately
What is an Investigation in children matters? What types of investigations are there?
There are two types of investigations, a Section 47 investigation, and a Section 17 investigation. Within 24 hours of suspected harm being reported it is the Social Workers decision in regards to what investigation is required. They
The Stamp Duty Holiday has been extended
What does this mean for you? We at Johnson Astills are excited to welcome the government’s announcement confirming the extension of the stamp duty holiday to 30th June 2021. What is the Stamp Duty Holiday? The Stamp
Did you know there is a legal requirement to restrain your dog in the car?
Research shows that over a third of drivers fail to restrain pet passengers, with 1 in 10 allowing pets to sit in the front seat of the car, and a further 9% of drivers, allowing their pet
Social Services have asked me to leave the family home
What can I do in these circumstances? Parents often ask this question when seeking advice from our Care Team: When Social Services become involved with parents in relation to concerns about their child, they sometimes ask one
The Local Authority want to complete a Risk Assessment, what does this mean?
The Local Authority are likely to want to complete a risk assessment where they consider there to be a likelihood of a significant risk of harm to a child. Where there are concerns around domestic violence in
Does a Non-UK Resident pay extra SDLT?
From 1st April 2021, all non-UK residents who purchase a property will be liable for a new surcharge of stamp duty land tax (SDLT). An additional 2% will be payable on all purchases of residential property (freehold
Changes in Legal Aid Capital Assessment
It has long been an issue that if a person has equity in a property over and above £8,000 (after all disregards are taken into consideration) then they will be refused Legal Aid on the basis of
What happens if I do not want to care for my baby / child anymore?
The Local Authority (also known as Social Services) often become involved with families where there are concerns about the care being afforded to any child within a home. However, sometimes the Local Authority are approached by parents
Raising awareness of Domestic Abuse – LWA Wear, Share Aware Campaign
Since the third lockdown came into force reports of domestic abuse have continued to rise nationally, with many victims of domestic abuse being forced to isolate with their abuser. As a result they are experiencing increased difficulty
Mental Disorders and Sentencing – New Guidelines
A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has recently come into force. The new guidelines provide transparency and clarity for sentencing offenders with development disorders, mental disorders and neurological impairments.
Separation – What are your options?
Deciding to separate or divorce is one of the hardest decisions to make, but the process itself does not have to be difficult. Once you have decided to separate the first step should be finding the right
Can you afford to buy your first property?
First time buyer looking to get on the property ladder? At Johnson Astills we are here to guide you through the legal process of buying a property. The most essential factor to determine if you can buy
Received a letter from Social Services/Local Authority? What do I do?
The Local Authority can become involved in your family life for a number of reasons. This may be because they think you or someone else in your family may have done something to harm the child/children. They
Special Reasons argument for Driving without Insurance
What is a Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A
Criminal Courts To Remain Open During Third Lockdown
As the country goes into a third national lockdown the Lord Chancellor has confirmed that the criminal courts will not be closed. Attending court is a legal exemption to the national lockdown ‘stay at home’ restriction. Judges,
Does lockdown affect whether I can spend time with my children?
As England is placed into another national lockdown, many parents will have concerns about what impact this has on Child Arrangements. The government have released national lockdown guidance which includes direction for child arrangement matters. The government
Completing Conveyancing Protocol forms
Selling your House can be a stressful time, with many forms and documents which you will be required to complete which will be unfamiliar to you. Below we will break down the 3 main forms used when
