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It is safe to say that divorce has never been more straightforward since the introduction of the ‘no fault divorce’ legislation in the UK. Where online services and easy-fix solutions are readily available, the appeal for separating couples...
Being involved in Care Proceedings is often one of the most stressful experiences a parent or guardian can face. When your family life is under scrutiny of the Family Court, it is natural to want to talk to someone – to seek advice, comfort, or simply...
There are many options to explore in the endeavour to reach an agreement on the split of matrimonial finances. Given the Courts encourage and require alternatives to be explored, it is important to understand what these are. One approach is the...
When someone dies, their estate must be distributed to the relevant beneficiaries. This will either be the beneficiaries named in a valid Will, or, if not, on the application of the Rules of Intestacy . The Personal Representatives (PRs) of a deceased...
If you have any involvement with social services that relates to your alcohol misuse it is likely you will be asked to undertake alcohol testing. There are lots of different methods that social services may use to monitor your usage. Two of the most used...
Who can deal with a deceased persons estate? The Personal Representatives are responsible for dealing with the estate. Where a valid Will exists, the Personal Representatives are the Executor(s) appointed in the Will. In the absence of a valid Will...
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you may be eligible to receive will depend...
This year, National Stalking Awareness Week will take place on 21 st April – 27 th April 2025 and the aim is to raise awareness around the signs of and how to spot stalking. It is estimated 1 in 5 women, and 1 in 10 men will experience stalking in...
When the legal ownership of a property is transferred, this is known as a transfer of equity. This process allows property owners to add their names onto the title of the property or remove themselves from the title of the property without selling the...
‘Every life lost following domestic abuse leaves behind a family heartbroken. For too long these deaths have been treated as ‘unavoidable tragedies’, but they are not.’ - Julie Devey, Chair of Killed Women (organisation and network...
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a plan to safeguard...
This year marks the 20 th anniversary of the Civil Partnership Act 2004 which came into force on 5 th December 2005. The first civil partnership registration took place on that same day allowing same-sex couples to enter a similar lifelong commitment as...
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 Local Authorities to prove that ‘nothing else...
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 the added consideration of how school...
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 wait time at...
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,...
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 parents who feel that they are unable...
Deputyship applications can be made to the Court of Protection for an order appointin g you as Deputy to manage the property and financial affairs of your friend / relative. Becoming a Deputy for your friend / relative means that in making any decisions on...
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 you peace of mind that your estate is passing to the people that you want to...
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. The pilot was first...
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 31 st March 2025, thousands of individuals across England and Wales will be...
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 surrounding...
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 that...
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 if not approached correctly. It is...
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 as an alternative to...
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 understand what the court process...
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...
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...
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 Hearing. This would happen at what...
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 the Government has proposed the...
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 Johnson Astills aim to take as...
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 marriage. Until this Order is granted by the...
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 imagine being removed from your...
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’. This year, Divorce Day...
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. Separating Couples are therefore...
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, but it is important to...
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 the children’s welfare which...
The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old. In addition to police records, DNA profiles and fingerprints may be...
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 vital to the proceedings, and failure to attend...
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 in charge of a motor vehicle, even if you were not...
An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section 35 of the Road Traffic...
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, and...
On Monday 11 th 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...
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, investments, property and...
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 1 st November 2024. According to the UK Government, the aim of the budget is to fix the foundations of the economy and...
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 reported that these results may be...
New legislation came into force on 25 th 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...
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 abuse and violence between parents, significant...
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 Christmas. It can be stressful for separated parents...
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 arise from the Court deciding...
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