Family Law Advice from Specialists in London
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At Gillian Radford & Co in London, we have specialists in family law and offer a sympathetic and prompt service in this emotionally sensitive area. Our services cover everything from divorce law to childcare and domestic abuse specialities, and everything we do is tailored to you. For information on our services, read on or get in touch.
What We Cover
We’re experienced in will preparation and we can help you to design a document that ensures your wishes are carried out. A well-crafted will saves your loved ones many problems after you are gone. If you were to die intestate (without a will), it may mean that they have to pay significant legal fees just to receive what you wanted them to anyway.
Relationship Breakdown
The breakdown of any relationship is often extremely distressing.
You may have been living with someone, or married or in a civil partnership, but many of the issues are the same. You will have emotional issues to deal with but we are here to help with the practical side. We try to deal with this sensitive area of law in a manner that minimizes distress to all parties.
Our approach is friendly, positive and conciliatory. We aim to provide a caring and compassionate service, advising on the financial and legal implications of relationship breakdown.
We can advise on divorce and civil partnership dissolution as well as claims between cohabitees.
Where children are involved, we can lodge applications for financial claims for children under the Children Act 1989. If there are other issues, involving for example, contact we can also be of help.
We are members of the Law Society’s Family Law Panel and the Law Society’s Advanced Law Panel which confirms that our solicitors are qualified to a high standard governed by the Law Society and confirm our expertise in this area.
Childcare
Any issues relating to children are extremely emotional and we fully appreciate that. Our solicitors are used to dealing with every childcare issue imaginable. We can offer sensitive, supportive and professional support whatever your problem.
We cover all areas of childcare issues from child arrangements orders – live with/spend time with and other Section 8 applications to international child abduction, care proceedings, and numerous other issues where Social Services are involved with families. Do not hesitate to get in contact with us, as we are sure we can offer you an appropriate solution.
You can have confidence in our expertise, as we are members of the Advanced Family Law Panel and have Resolution accredited specialist status.
To become a member of the Advanced Family Law Panel you have to have shown to the satisfaction of the Law Society that one has and will maintain a high level of knowledge, skills, experience and practice in the area of family law.
Therefore, you can be assured that this Firm has all the necessary experience to deal with your child care issue.
In addition, we are also accredited Resolution specialists.
Resolution specialists are members who have submitted themselves to a rigorous assessment to demonstrate the highest levels of knowledge, practical application of the law and best practice.
Resolution specialists are proven experts in a range of areas of the law arising from family breakdown.
We are able to represent you if you are a mother, father, grandparent or related family member in both private and public law Children Act proceedings.
The many and varied areas in which we can help are:
Parental Responsibility
Every mother and father has rights and responsibilities relating to their children. The sharing of these rights and responsibilities needs to be agreed by the parents and we can help you achieve resolution.
Child Arrangements Orders
A Child Arrangements Order replaced residence and contact orders. A Child Arrangements Order is an order of the Court determining which parent a child lives with and how much time a child should spend with each parent.
Special Guardianship
In some circumstances where neither parent is capable of assuming parental responsibility, the court can appoint a special guardian. This must be an adult and may be a grandparent, foster carer or even a family friend.
Prohibited Step and Specific Issue Orders
These orders cover elements of parental responsibility and range from the choice of school, the country and religion in which the child is brought up. In some circumstances medical treatment may be contested. Or one parent may object to a change of name and want to take action to prevent it.
Civil Partnerships
The Civil Partnership Act 2004 came into force on 5 December 2005. This Act allows same sex couples to enjoy the same treatment as heterosexual couples in most, but not all ways. It is important to understand the distinction between civil partnership and marriage in legal terms.
This means that if you are planning a civil partnership, it makes sense to clarify your legal position. You both need to understand your legal positions before making such a serious commitment.
Civil partnership is not to be undertaken lightly, but we can offer you advice on every aspect of civil partnership and explain the implications of each stage.
We can help with:
- Pre-civil partnership agreements
These operate similarly to pre-nuptial agreements before marriage and can give peace-of-mind to both parties. Although unromantic, it is a sensible thing to do and is especially important if one party to the partnership has more assets than the other.
- Parenting/donor agreements
Within same sex relationships, the relationship between partners and their children can be more complex than in traditional marriages as the biological relationship may be to only one partner. Formalizing agreements at an early stage can minimize any future problems and iron out any potential difficulties.
And in the unhappy event that problems occur in the relationship, we are experienced in:
- Separation agreements
If partners in a civil partnership decide to separate, even on a temporary basis, we can advise on any issues whether they be financial, housing or childcare. It will determine what happens to your finances and your children if you separate and is suitable for couples that wish to delay or are undecided whether to separate.
- Termination arrangements
Should your partnership break down, we can take you through the process of dissolution as painlessly as we possibly can.
We aim as always to provide professional and supportive advice. An experienced member of our Family Team can take you through the relevant issues in a sensitive manner.
Local Authority Disputes
Emergency Protection Orders
Care and Supervision Orders
Care and Supervision Order proceedings are cases brought when a local authority believes that a child is suffering from abuse or neglect by their parents which is causing the child significant harm. They can bring a case to a family court to try to protect the child and ensure that the child has appropriate
These cases, also known as public law cases, generally involve a number of different court hearings. At the final hearing, the judge or the magistrates will make an order which will decide who should look after the child from that point onwards. If the child remains with their parent then the Court may make a Supervision order to the Local Authority for a specified period of time.
In care proceedings, the parents and any other person with parental responsibility for a child who is the subject of the proceedings, are entitled to free legal aid to be represented whatever the strength of the case or their financial circumstances. Otherwise, Legal Aid Funding and Legal Help Funding is available for clients who are financially eligible under the Legal Aid Scheme (see https://www.justice.gov.uk/legal-aid).
Secure Accommodation Orders
Secure accommodation is accommodation where a child is locked up. A Secure Accommodation Unit is a residential placement where a child is locked in, or prevented from leaving.
Only children or young people aged between 13 and 18 who are in care or accommodated by social services can be placed in secure accommodation. Young people aged 16 or over, if they are not subject to a care order, can only be locked up if they agree, unless the High Court makes a special kind of order, which is very rare.
A child can only be locked up for a period of 72 hours (3 days) without the court’s permission. If social services think that a child needs to stay in secure accommodation longer, they will have to ask the Court to make an Order giving them permission to keep the child there for a longer period.
Child Protection Investigations
These are conducted when social services receive information that your child may be at risk. This investigation is called a Child Protection Investigation or Enquiry and is conducted under s47 of the Children Act 1989.
Social Services have a duty to make enquiries and assess the situation when they receive a report that a child may be at risk of significant harm or abuse.
When Local Authorities make these enquiries they should follow the Government Guidelines set out in ‘Working Together to Safeguard Children 2006’.
Adoption
Adoption is the assumption of full legal and parental responsibility for a child; it is supported by an adoption order, granted through the Court.
An adoption order severs all legal ties with the birth family and transfers parental rights to the new adoptive family.
The child becomes a full member of the adoptive family, takes their surname and assumes the same rights and privileges as if they had been born to that family, including the right of inheritance.
Many children maintain contact with some members of their birth family. This may be letterbox contact with a birth parent, visits to a brother or sister who live elsewhere or some direct contact with other members of the birth family.
In every decision made about whether contact should continue, the child’s safety and wellbeing are of paramount importance. Contact, and your views about it, will be a part of the discussion during the preparation, assessment and matching process.
In care proceedings, the parents and any other person with parental responsibility for a child who is the subject of the proceedings, are entitled to free legal aid to be represented whatever the strength of the case or their financial circumstances.
Divorce
In England, the law governing divorce changed in April 2022 with the Divorce, Dissolution and Separation Act 2020, introducing “no-fault divorce”. Couples no longer need to give a reason for the marriage breakdown and can apply individually or jointly. The process involves an irretrievable breakdown statement, a minimum 20-week wait for a conditional order, and then a further 6 weeks before a final order can be made.
Eligibility
To apply for a divorce in England, you must meet these criteria:
- You must have been married for more than one year.
- Your marriage must have permanently broken down.
- Your marriage must be legally recognized in the UK.
The new divorce procedure means that you no longer have to state one of the five “grounds” like unreasonable behaviour or adultery. Instead, you simply state that the marriage has irretrievably broken down.
The new law removes the possibility of one party contesting the divorce.
You can apply together as a couple or one person can apply on their own.
Legal terms like “decree nisi” and “decree absolute” have been replaced with “conditional order” and “final order”.
The Divorce Process
Apply: You can apply yourself online or through a solicitor. The first step is to prepare the Divorce Petition. This is sent to the court with the original marriage certificate and a fee of £612. The person who starts the divorce proceedings is known as ‘the Petitioner’ and his/her spouse is called ‘the Respondent’.
A copy of the Divorce Petition is sent by the court by post or e-mail to the Respondent with an Acknowledgement of Service Form. Usually, the Respondent then has 7 days to return the Acknowledgement of Service Form to the court.
Assuming that the Respondent does return the Acknowledgement of Service Form, the court will then send us a copy. The Petitioner will then make an application for a Conditional Order and if everything is in order, the Judge will set a date for the Conditional Order to be pronounced.
- Wait for the conditional order: You must wait at least 20 weeks from the start of the proceedings before applying for the conditional order.
- Apply for the final order: After the conditional order is made, you must wait a further 6 weeks before the final divorce order can be issued.
- Civil partnerships: The process for dissolving a civil partnership is the same as for divorce.
Financial Remedy
This is the name given to financial and property matters associated with divorce
The Court considers all the circumstances of the case, gives first consideration to the welfare of any children of the family under the age of 18 and, in particular, has regard to the following matters:
(a) The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the Court, reasonable to expect a person to take steps to acquire.
(b) The financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future.
(c) The standard of living enjoyed by the family before the breakdown of the marriage.
(d) The ages of each spouse and the duration of the marriage.
(e) Any physical or mental disability of each spouse.
(f) The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
(g) The conduct of each spouse, if that conduct is such that it would in the opinion of the Court be inequitable to disregard.
(h) The value to each spouse of any benefit which one spouse because of the divorce will lose the chance of acquiring (most usually pension provision).
The aim of the court is to achieve fairness. Often a key factor is the reasonable needs of yourself and your spouse. Both you and your spouse have an absolute duty to each other and to the Court to disclose fully your financial position so that a proper financial arrangement can be made.
It is preferable in these matters to try to come to an agreement between the parties rather than commencing court proceedings. However, obviously sometimes court proceedings are unavoidable.
Pre Nup Agreements
This is an agreement before marriage and can give peace of mind to both parties. Although unromantic, it is a sensible thing to do and is especially important if one party to the marriage has more assets than the other.
Domestic Abuse
Non-Molestation Order
There are two ways in which you can apply for an injunction, if the need arises, namely with or without notice. A without notice application (known as “ex-parte”) is one made without your partner knowing about it. Such applications can only be made in an emergency where there is a real and immediate danger of serious injury and irreparable harm. The court will have regard to all the circumstances of the case, including any risk of significant harm to you if an Order is not made immediately. The court will also consider whether you would be deterred or not to make an application at all if an immediate Order was not made.
If an application for a Non Molestation Order is granted, the injunction will forbid your partner from:-
- using or threatening violence against you
- instructing encouraging or in any way suggesting that another person should use or threaten violence against you
- intimidating, harassing or pestering you
- instructing encouraging or in any way suggesting that another person should intimidate, harass or pester you
Occupation Order
If the need arises you may also make an application to the Court for an Order requiring your partner to permanently vacate your property and to prevent that person from returning to the property, if appropriate. This is known as an Occupation Order. It is not normally made where the other party does not know about the application as it has serious consequences. Your partner would normally be given the opportunity to make representations.
The court will have regard to all the circumstances including:
- The housing needs and resources of each of you and any children
- Your respective financial resources
- The likely effect of any Order or of any decision by the court not to exercise its powers on the health, safety or well-being of each of you and any children and
- The conduct of each of you in relation to each other or otherwise
The court will also apply what is known as the “balance of harm” test. If it appears to the court that you or any children are likely to suffer significant harm attributable to the conduct of your partner, the court must make an Occupation Order unless it appears to the court that you or your children are likely to suffer even greater harm if such an Order is made.
If such an order were to be made in your favour it could be for a specified period, until a specified event or until another Order is made. If it is for a specific period, it is usually six months.
Our expertise in housing and childcare means that we are ideally placed to help you with what are likely to be two of your most immediate problems (Add in links to the Housing and Childcare pages).
Legal Aid is available for this type of work subject to a means assessment by the Legal Aid Agency. However, if you are in receipt of low income State Benefits you will automatically qualify.
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