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Parental responsibility is the rights and responsibilities a parent has over their child. It simply encompasses completing the role of a parent that one would expect a parent to do. Parental responsibility is the legal term given to the legal rights and...
The guideline to whether children should give evidence in care proceedings is set out in the case of Re W (2010) which is now the leading authority on this issue. The considerations that are outlined in Re W in deciding whether a child should give evidence...
This week is Neurodiversity Celebration Week. Neurodiversity is a non-medical term used to describe a person whose brain forms, works, or functions differently to the typical brain. Some of the most common types of neurodivergence are Autistic Spectrum...
International Women’s Day is recognised on the 8 th March every year. This day celebrates the various achievements of women worldwide and also reminds us to continue supporting women’s equality. There are so many ways to honour women on...
The Labour Party have introduced the idea of a new law called ‘Raneem’s law’ – named after Raneem Oudeh, who was murdered at 22 years old alongside her mother Khaola Saleem. Ms Oudeh and Ms Saleem were murdered by Ms Oudeh’s...
Johnson Astills proudly supporting National Conveyancing Week for the second year running! Here at Johnson Astills, we are proud to be associated with the initiative that aims to improve the experience of home movers and professionals involved in the home...
Depending on what stage your case is at, the Local Authority could propose to undertake a number of different types of assessments when Social Services become involved with your family. What is a Section 47? Every child who has been referred to the...
When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is...
CONVEYANCING: WHAT IS IT? Conveyancing is used to describe all the legal and administrative procedures involved in changing the ownership of land or buildings from one individual to another. THE SIGNIFICANCE OF CONVEYANCING Conveyancing is an...
Did you know that if you fly or own a drone, whether it is for work or leisure it is your responsibility to make sure all flights are safe and legal. It is important you are aware of the rules and legislation that apply to your drone otherwise you may be...
Whilst Valentine’s Day is more commonly thought about in the context of romantic love, other types of love can be celebrated on this day. Why not celebrate familial love this Valentine’s Day by considering the ways your family can grow? Private...
What is a Special Guardianship Order? A Special Guardianship Order (SGO) is a long lasting, Private Law Order, made by the Family Court. The Order appoints one or more individuals to become the child’s ‘Special Guardian.’ This gives...
As the new year has begun, here is what you can expect to see in the year of 2024. Media in the Family Court (The Transparency Pilot): For decades there have been calls for more transparency in Family Courts, predominantly due to Family Judges having the...
When deciding on the fairest division of the assets, the Court will take into account factors listed in section 25(2) of the Matrimonial Causes Act 1973. One such factor is the conduct of the opposing party, but when should this be argued, and what conduct...
A Legacy Contact is a person you can choose to access your accounts (e.g. Apple, Instagram or Facebook) after your death. This gives the nominated person access to certain elements of your account and allows them to make decisions as to what steps they take...
When a couple obtain a divorce it is important to have a Financial Order from the Court - more often than not this Order can be agreed, meaning no Court attendance or formal court application. This is necessary, even if the matrimonial finances are limited,...
1. Network The legal industry is huge and these days there are so many different kinds of events that provide the opportunity to network with different individuals, both online and in person. You can learn so many new things and they can also be quite...
Family Law Practitioners receive a higher volume of calls in and around the first working days of the New Year from people deciding to take steps to end their marriage and issue a divorce application. This has led to the first working Monday of the year...
A sibling assessment will evaluate the bond and relationship between siblings. A sibling can be defined as a person whom you share at least one biological parent with. An assessment will consider the sibling dynamic, and the impact separation would have on...
In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid Will, they are said...
It’s that time of year, the Christmas party season is underway which coincides with the national Christmas drink drive campaign. That means there will be more stops and more prosecutions due to an increase in police patrols dedicated to seeking out...
Going through a divorce and organising child arrangements with an ex-partner can be very stressful. However, with the festive period approaching, this stress can be exacerbated and causing this to become a very worrying time. Below are some tips to...
Following the conclusion of financial remedy proceedings, your situation could change unexpectedly, and you may feel that had this happened during the course of the proceedings, it would have affected the outcome of those proceedings. The Courts acknowledge...
When the Local Authority considers that a child is at risk of significant harm, they can apply for a Care Order or an Interim Care Order. This would only be granted if the Court finds reasonable grounds to believe that a child has suffered or is at...
Japanese Knotweed is an intrusive plant that spreads swiftly. The roots can reach depths of up to three meters and it can seriously damage infrastructure and buildings. Concrete cannot withstand its strength, which is why it is causing problems for sellers...
When someone dies, in order to access assets held with financial institutions, sell assets, and even pay any debts that the deceased held on their death, a legal document known as a Grant of Representation is required. What are the types of Grant of...
Communicourt is an intermediary service mostly funded by HMCTS, with no charges or payments required by parents or legal professionals. In the context of Care Proceedings, their aim is to assist a parent who has a communication difficulty which impairs their...
What is a Child Protection Conference? A Child Protection Conference is a multi-agency meeting arranged by the Local Authority. The purpose of the conference is for family members and professionals involved in a child’s life to share...
A new scheme will be launched in the East and West Midlands, which will see offenders that pose a threat to their former partner and/or their children, being subject to electronic tagging. This will help protect victims from further abuse following their...
Your baby being placed for adoption against your will is referred to as a non-consensual adoption or contested adoption. The term ‘forced adoption’ is not a term that is used within the Family Court but is used widely in the media. Before an...
It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988. The registered keeper of a vehicle has a legal obligation to provide details of who was...
Why have I been asked to provide proof of identification? As a firm of solicitors, under the Money Laundering Regulations we must comply with the requirements for proof of identity and money laundering. This is a legal requirement, that means we require...
What is a Guardian appointed by my Will? If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there is no one else with Parental Responsibility. They would then be...
October is Domestic Violence Awareness Month, which is widely recognised as a month to raise awareness about the issue of domestic violence in our society and what can be done to stop it. It is a problem in every culture, religion and race and it can take...
For many people, a large part of the Divorce process will revolve around how their financial assets will be divided. However, for those who work in the public sector, the value of their pensions has been unusually uncertain over the past few years, which has...
If the Local Authority are concerned about a child’s health, development or the way that they are being treated, but do not feel that there is an immediate risk to them, they may request that various assessments are undertaken. These assessments are...
By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their parental responsibility suspended upon...
In March 2023, it was published that the government has plans to enforce tougher sentences on domestic abusers who kill their current or previous partners. What does this mean for those found guilty of domestic homicide? The law will be changed...
Buildings Insurance covers your home in the event that damage that occurs to the structure of the property i.e the actual building. This could be in the event of a fire, flood, storm or if the damage was caused by vandalism, theft, fire etc. When you are...
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 make simple Wills prepared...
The recent decision in the Court of Appeal in the case of JW (Child at home under Care Order) [2023] EWCA CIV 944 is a reminder of the approach that should be taken when considering making final Supervision and Care Orders. The judgement provides a summary...
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 of what is commonly known as “the Remarriage...
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. It does not mean a child has been adopted. However,...
As of 24 th 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 often disguised as excessive flattery; showering with...
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, you are relieved that you have not been...
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 this in mind, we have been...
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 can support ourselves and others. Why is Time to Talk...
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 persons who have...
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, sexual, or emotional...
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 the deceased. A spouse or civil partner will...
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