It has been reported that the annual number of care applications submitted within the UK has exceeded 10,000 for the 1st time. CAFCASS, the official body appointed by the Court to safeguard a child’s interests, recorded that 886 applications...
When a child is adopted, the natural parents must relinquish all rights and responsibilities for the child and the child ceases to be a member of the birth family, becoming instead a full member of the adopted family. Apart from in one area, that...
Under English law, property is jointly owned in one of two ways: as “joint tenants” or alternatively as “tenants in common”. If the property is owned as “joint tenants”, then on the death of one party, the survivor...
Parental Alienation Day is a day of remembrance, hope and yearning. A day when parents all over the world unite in a common cause. To lose a child is unimaginable. Some parents spend a lifetime searching to no avail but that does not mean that...
The Independent has reported a wave of internal migration of as many as 19,000 women forced from their homes by domestic violence. More than half the women, aged between 15 and 88, took children with them in their ‘forced migration’ to escape...
The Home Office has announced help for immigrants forced to flee their relationship as a result of domestic violence. This scheme helps foreign national spouses and partners who are victims of domestic violence. It provides victims who would otherwise...
Resolution, previously called the Solicitors Family Law Association, has carried out a survey of its members to mark the first anniversary of the introduction of Mediation Information and Assessment Meetings (MIAMs), with results suggesting that they are not...
Noel Coward is quoted as having said “I've sometimes thought of marrying, and then I've thought again”. It is unfortunately the case that some engaged couples, for whatever reason, do not ever make it down the aisle for their big...
It has been reported that in the UK up to 400 children over the past year have received assistance from the Government’s Forced Marriage Unit. Amy Cumming, joint head of the Forced Marriage Unit said that 29% of the cases it dealt with last year...
Lord Justice Thorpe, Head of International Family Justice for England and Wales, has reported that cases of parents fleeing with their children to a different country are on the increase, particularly cases involving Eastern European countries. In...
I commonly get asked about the grounds for a divorce and the answer is that there is still only one, which is that the marriage has irretrievably broken down. In divorce proceedings, the person asking for a divorce is called the Petitioner and the...
In an interview for an upcoming episode of the TV show ‘Piers Morgan’s Life Stories’, Dennis Waterman is said to have admitted that he used to punch and slap his ex-wife Rula Lenska. He reportedly went on to say that she was not...
A Judge at the High Court in London has granted Katie Price, the glamour model turned businesswoman, a decree nisi in her divorce. Katie split from her husband Alex Reid over a year ago and divorce proceedings were issued on the basis of his alleged...
Sir Nicholas Wall, who is a senior family judge and President of the Family Division, has renewed calls over the weekend for a “no fault divorce”. Sir Nicholas stated that he could "see no good arguments against no fault divorce" when...
On International Women’s Day, the National Charity Women’s Aid highlighted the worrying situation for women and children fleeing domestic violence and not being able to find refuge accommodation. Women’s Aid has said that across the world,...
A dynamite new Coronation Street plot will show shocking scenes of domestic violence by a woman against a man. Sadly viewers will see mild mannered Tyrone Dobbs beaten up by sinister new fiancée Kirsty Soames. Kirsty plays a controlling...
The Court of Appeal has heard an appeal by a financial analyst at JP Morgan, Peter Lawrence, against the financial remedy award made to his former civil partner, Donald Gallagher, by Mrs Justice Parker. The couple had been together for 11 years but were...
It can be hard enough coming to terms with the fact that you’ve become a victim of domestic violence, let alone the fear that your child or children may be taken away from you in order to protect them. The instinctive reaction may well be...
Recently published statistics in the ‘Children’s Care Monitor 2011’ have revealed that in that year, 23% of children in care were moved without being given notice of their move and 55% were given one week or less notice. A large percentage...
Many couples after separation manage their decisions about contact on their own with little or no external support. However arranging child contact for any of the families can be an ongoing and contentious issue. Many families require external help...
It has been concerning family lawyers for a long time that the Legal Aid definition of domestic violence does not go far enough to protect vulnerable adults. The definition to date for domestic violence is any incident of threatening behaviour,...
As a divorce solicitor, I am often asked for general advice concerning how you should behave during divorce proceedings and of course, proceedings also involving the finances and children. I always advise strongly to try to keep matters amicable but in...
Nottingham has been chosen along with Greater Manchester, Wiltshire and Gwent to pilot ‘Clare’s Law’, meant for men and women to make enquiries of the Police if they are concerned that their partner may have a violent history. The...
From this week the process of arbitration, previously of use predominantly for commercial disputes, is being made available for divorcing couples. In addition, it will be used to resolve financial provision for children, property and inheritance...
Recent coverage in the press concerning the divorce of Mr and Mrs Prest has raised an interesting argument of whether English courts should, when determining a financial settlement, take into account the laws of other countries that impact on a couple and...
The ongoing project being carried out by the Law Commission with regard to Marital Property Agreements has been extended. A review will now be conducted regarding two specific aspects of the law relating to the financial claims between married couples...
BBC News has reported that the number of children referred into care in England has hit a record high. Last month Local Authorities made 903 court applications to take children into care, the highest since court service CAFCASS was set up in 2001. ...
When domestic violence occurs it is usually by a man towards a woman. However, the Daily Mail has recently reported that there is a significant increase in domestic violence by women against men. It also reported that men are unlikely to say...
A new campaign has started to highlight the expected increase in the number of incidents reported to the police around the time of big matches. When Wales played England in Cardiff during the Six Nations Tournament in 2009, South Wales Police...
Ellen was the co-founder of the Domestic Abuse Intervention Project in Duluth, Minnesota. She pioneered the co-ordinated community response to domestic violence and it was her work with women survivor’s groups that led to the development of the...
Whenever it gets cold outside we always smile to think about ‘Freezing Orders’ that can be applied for to prevent a spouse from dealing with or disposing of any type of property including money, buildings and land. This is a type of...
It was sad to hear last week about Master Chef presenter, John Torode, splitting from his wife, Jessica, after four years of marriage. They have two children together, Jonah aged 7 and 5 year old Lulu. John has two other children, Marselle 14 and...
According to a recent study published in the journal Social Science & Medicine , people who divorce when they are young tend to suffer more damage to their health than those who split up later in life. The finding has been provided from an analysis of...
Viewers of Coronation Street last night will have witnessed Steve MacDonald returning from a visit to his solicitor having sought advice about ending his marriage to Tracy Barlow. Steve discovered, just after marrying Tracy, that she had lied in order...
The Independent Educational Charity, ‘Policy Exchange’ has published a report, highlighting that the fostering services in England and Wales are in need of radical reform. The report “Fostering Aspirations” notes a 16% increase in...
There has recently been much speculation in the press about the marriage of reality star Kim Kardashian to NBA player, Kris Humphries, who wed on 20th August 2011 and filed for divorce only 72 days later. Can they really get divorced that quickly? The...
The Guardian has reported that many older women in abusive relationships do not think that they will be believed when they ask agencies for help. There are many elderly people in long term relationships that may be suffering physical, psychological or other...
At a hearing in the case of Kremen v Agrest last week, Mr Justice Mostyn dismissed the post-nuptial agreement entered into by the Russian couple and ordered Mr Agrest to pay his former wife a lump sum of £12.5 million, including £8.3 million in...
Reunite International Child Abduction Centre have reported that they have seen a whopping 47% rise in reports to their advice line. As an accredited International Child Abduction Solicitor I have noticed an increase in enquiries about children being...
The Government is considering extending the definition of domestic to include ‘coercive control’. Domestic violence is currently defined as ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual,...
The Girls Aloud star, Sarah Harding, has been in the news for allegedly biting her boyfriend, Theo De Vries and hitting him in the face with a glass ashtray. Sarah’s statement is that this was just in self defence after he had violently attacked her...
For those who have made the decision over the Christmas break that their marriage is no longer working, then in addition to considering how any matrimonial assets should be divided, they should also be keeping an eye on the date if they want to avoid paying...
In a big leap forward, plans have been announced by ministers to give parents legal rights to see their children. Courts will be put under a duty to ensure that both fathers and mothers are given access to children in divorce settlements. This has...
As Family Lawyers one of the issues often raised with us is the issue of child maintenance , whether this is for children for which our client is caring or for the parent without the day to day care of a child. There are common themes which often arise in...
Over the last few years, there have been an increasing number of stories in the media about children who have been removed from their parents and placed in the care system due to them being obese. The impression that some of these stories can create is a...
33% of Behaviour Petitions in divorce cases now refer to Facebook. The most common reasons citing Facebook related to spouses’ behaviour with the opposite sex, but spouses also using Facebook to make comments about their exes and using their...
The New Year is the busiest time of the year for divorce lawyers, after the tension and pressure of Christmas has taken its toll on many couples and they decide to part from each other. This is especially the case when children have flown the nest and...
Today is traditionally the busiest for divorce lawyers, with couples making enquiries about coming to see us as relationships have been strained to breaking point during the Christmas holidays. Indeed, in the run up to what has been named...
The Education Committee’s inquiry into child protection, examining the thresholds at which officials intervene in families, has resulted in care proceedings and the effectiveness of the adoption process being increasingly put under the political and...
Broxtowe Borough Council has produced two posters as part of a Christmas campaign on domestic violence, called ‘Shattering Lives’ and ‘On the First Day of Christmas My True Love Gave to Me …’. Research shows that December can...
A young boy’s heartbreaking letter to Santa is the focus of a major Christmas campaign in Scotland to highlight the impact of domestic abuse on children. While most children are wishing for toys and gadgets, 9 year old Ben has asked for...
In Jones v Kernott, the Supreme Court has adopted a ‘fair and just’ test for the division of a property asset the former couple once shared together as cohabitees. Ms Jones and Mr Kernott met in 1980. In May 1985, following the birth of the...
The London Evening Standard has reported that the Home Secretary, Theresa May, is unveiling new legal reforms to help teenage girls who are bullied or pressurised into sex by abusive boyfriends. If the law is changed, such conduct would be...
According to new figures released by the Office for National Statistics, divorce rates are on the increase. And what are we told is the main reason? Most, according to the media, put it down to financial woes. The statistics show that there were...
It has been reported that Hugh Grant’s daughter’s name translates from Chinese into Happy Accident born to the Chinese actress Tinglan Hong. Parents chose their children’s names after giving lots of thought to them. Christian...
The Government's position is that Legal Aid will still be available to victims of domestic violence. However, the Government's decision to effectively change the definition of domestic violence by increasing the type of evidence required to...
Kim Kardashian has filed for a divorce from basketball player, Kris Humphries after only 72 days. This is not the shortest celebrity marriage on record as Britney Spears and Jason Alexander filed divorce papers after only 55 hours! It is reported by...
If you’ve read any of my previous blogs you may know that I occasionally switch on the television to watch the soaps! Syed in Eastenders has recently discovered that his estranged wife, Amira, gave birth to a daughter following their...
We all know Esther Rantzen and the good work she did in starting ChildLine. From very meagre beginnings, this has now turned out to be a nationwide organisation run as a charity with hundreds of volunteers. ChildLine has helped many, many children in...
Nottinghamshire Police has unreservedly accepted the recommendations made in the Police Complaints Commission (IPCC) report into the handling of the murder of Casey Brittle by her violent partner. The IPCC report highlighted systemic failures in the...
The Braunstone Tackling Domestic Violence Strategy Panel has developed ‘tool boxes’ which will be available to front line service professionals in Braunstone who have contact with people suffering domestic abuse. Launched to give victims of...
Working as part of an established family law practice in Nottingham, I am really pleased to hear about an initiative by Nottinghamshire Domestic Violence Forum to develop and launch a GREAT short animation promoting positive relationships for young people....
Coronation Street's Becky was having a drink in the cafe when she opened a letter from her husband’s Steve’s solicitors regarding his proposals for a financial settlement . They had recently separated and they are going through...
WAIS, the Women’s Aid Integrated Services in Nottingham, has launched a new campaign called “ Uncover the Facts ”. It has also produced a short film to highlight the hidden nature of domestic violence and how it can cause more than...
The Work and Pensions Minister , Maria Miller, has said that some absent parents are using ridiculous excuses in an attempt to avoid facing their responsibilities and paying for their children. Her comments coincided with the release by the Child Support...
Nottinghamshire Domestic Violence Forum (NDVF) has launched the first iPhone App for young people in relationships. Domestic violence does not just affect adults. Research has shown that one in six girls have been hit by their boyfriend and one...
The Grandparent Plus organisation has recently started a campaign – Keep Families Together . Every year thousands of grandparents and other family members step in to bring up vulnerable children who cannot live with their...
In a case recently heard by the Court of Appeal, a Canadian mother with children aged four and two applied to return home to Canada after the breakdown of her marriage. The mother, who felt lonely and isolated in England following the breakdown of her...
The Daily Mail has reported that in addition to husbands and wives dividing up their property, cash pensions and any other assets, couples are now arguing over supermarket and shop loyalty points as the recession continues to bite. Arguments as to how...
Over recent years, the UK courts have gained an international reputation for awarding generous financial settlements to the wives of wealthy men when they divorce . Last week however, a divorce judge ruled that a wife would not be entitled to a £7...
Statistics from Women’s Aid, which takes calls and gives advice to women experiencing domestic violence , show that fewer women are reporting domestic violence during the school holidays than normal. The Police, which usually responds to an average of...
European Union Member States have discussed further how victims of domestic violence in one country can receive similar protection in any one of the EU’s other Nations. As I mentioned in an earlier blog there are discussions taking place...
Martin Narey, recently appointed Ministerial Advisor on Adoption has made a number of recommendations aimed at improving the adoption system . A review of the system aimed at expediting the process is welcome and overdue. If a child cannot be cared for by...
Courts in the UK have, in recent years, gained a reputation worldwide for awarding exceedingly generous financial settlements to the wives of wealthy men when they divorce . Sir Paul Coleridge, a senior Family Division judge, has said that getting a...
It has been reported that Michael Brown, the father of Clare Wood, who was strangled and set on fire by her ex-boyfriend, is campaigning for a new type of ‘Sarah’s Law’ for domestic violence victims . The campaign follows a call by the...
The police in Greater Manchester, West Mercia and Wiltshire have been given powers to prevent suspected domestic abusers from returning to a victim’s home. This is a pilot scheme and it has been reported in the Droitwich Spar Advertiser that a Drotwich...
Now is the time for parents to consider how to occupy and look after their children during the lengthy school holidays and for couples who have split up, it can lead to difficulties if legal agreements or court orders are not already in place. Organising...
It has been reported that Halle Berry and her estranged partner, Gabriel Aubry are heading back to Court today after a hearing in April resolved difficulties relating to a custody dispute over their three year old daughter Nahla. Halle alleges that...
News broke some time ago of actress Liz Hurley’s separation from her husband, textile heir Arun Nayer, after a four year marriage. This week, the story of the couple’s ‘quickie’ divorce has been publicised and those planning to end...
The new Family Proceedings Rules 2010 which came into effect recently brought about a new change. The Practice Direction 10(a) supplements part 10 which relates largely to Non-Molestation and Occupation Orders. While the procedure to obtain such...
The European Commission (EC) is proposing a package of measures to ensure a minimum level of rights, support and protection for victims of crime/abuse across the EU no matter where they come from or live. The Commission is proposing a regulation on mutual...
In rare situations, women may be driven to remain in abusive relationships where it will be apparent to them that their immigration status will be jeopardised by seeking to escape violence. Some migrant women may become trapped in abusive relationships...
Kevin and Sally’s recent arguments in Coronation Street have brought to light whether or not money acquired post-separation belongs to both parties. Kevin had a lottery scratch card win and stated that this was ‘his’ money as he got...
Under new laws which came into force yesterday, every domestic abuse death will be reviewed to see if lessons about violence in the home can be learned. The move, under section 9 of the Domestic Violence and Victims of Crime Act 2004, has been welcomed by...
As of today, 6th April 2011, the way in which family lawyers and the courts work will change significantly. The new Family Procedure Rules will provide a new code of procedure across all courts and replace the existing rules. Changes will be made to...
Grandparents often feel undervalued and marginalised from their grandchildren after divorce , separation or a family feud. Thus far, grandparents have been without statutory recognition . However, the Government will announce later today the changes...
There are certain agencies providing a fantastic service that will be devastated when proposed funding cuts take effect. The national charity Women’s Aid , for example, has reported that 60% of refuge services and 72% of its outreach services have no...
Radio One has reported that one in twenty five women under 25 years old are stalked. Not only is this a staggering figure but it becomes more concerning when you discover that only half of those women report their ordeals to the police. Unfortunately, the...
Under new rules announced yesterday, separating and divorcing couples will effectively be forced to try mediation before issuing court proceedings to resolve issues surrounding their children or finances. Justice minister, Jonathan Djanogly, has said...
New rules will be introduced this week by the Department of Education Secretary Michael Gove who himself was adopted. These new rules will mark the most drastic shakeup of the adoption system in decades. Adoption by couples of a different race has...
According to figures released yesterday by the Office of National Statistics (ONS), the divorce rate has fallen yet again. In England and Wales, it is at its lowest level since 1977 and during the last 12 months alone, the number of divorces has dropped by...
The International Day of Zero Tolerance to Female Genital Mutilation is recognised on 6th February each year in an effort to raise awareness of the practice and promote its eradication. Despite this, the majority of people remain oblivious of not only...
With DNA paternity tests now being readily available over the counter, will there be a detrimental effect on the family? Generally the law recognises that a child's welfare demands that he or she should know the truth about his or her parentage [Re H...
It has recently been ordered by the Court of Appeal that the divorce settlement due to the former wife of oil technology millionaire, Gareth Jones, should be increased from £5.4million to £8million. At the time that Victoria Jones married her...
Today, the Law Commission has published its consultation paper which queries the future of pre-nuptial agreements. It asks: should couples be able to enter into binding agreements dealing with what should happen to their finances if their relationship ends? ...
News has broken recently of actress Liz Hurley’s separation from her husband, textile heir Arun Nayer, after a three year marriage. It appears to have been prompted by photographs in the tabloids of her kissing Australian cricketer, Shane Warne,...
As we all know, it can be difficult enough to get through the breakdown of a relationship but for celebrities, the threat that their ‘dirty linen’ may be aired in public is likely to make matters worse. Howard Donald of Take That...
While Christmas is traditionally a time for families to come together and celebrate, it can be heartbreaking for those parents who are in the midst of divorce or separation, and especially difficult for their children. Here are my top tips to...
As many celebrate the news that Prince William has proposed to long term girlfriend, Kate Middleton, speculation has also begun as to whether they will be signing a pre-nuptial agreement before the big day. In many European countries, it is considered...
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