You may have read in the news recently about Madonna and Guy Ritchie’s bitter custody battle over their 15 year old son Rocco. Despite being ordered by the courts to move to New York to live with his mother, he has refused to leave his father’s London home, which has resulted in an ensuing public and pricey legal battle with social media users revelling in the drama. More...
The next edition of our FAQ series sees us advise a soon-to-be divorcee that’s been threatened with legal action if they don’t move out of the family home.
Q: My wife and I haven’t been getting on for some time now. Recently, we’ve been discussing divorce. I have just received a letter from the divorce solicitors saying that I have to start moving out of the marital home immediately or I’ll be taken to court.
A: What you’re describing, moving out of the family home, is one of the first steps in progressing a divorce – and it’s certainly one of the most delicate issues you’ll face. But you’re right, in the short term you are entitled to stay in your home. More...
Christmas is rapidly approaching, and families across the country are finalising their holiday plans.
For some families, this isn’t always an easy task, particularly when parents have separated or divorced. In these cases, the decision about where a child should spend the festive period can be fraught with disagreement and heartache.
In cases where parents are unable to agree about a child’s living arrangements, or with whom they spend time, it’s sometimes necessary for the Court to get involved. When mediation has proved unsuccessful (and domestic abuse is not an issue), a Child Arrangements Order (previously known as a ‘child residence order’ or ‘child contact order’) will be issued by the Court to clarify a child’s living arrangements.
Unfortunately, however, once these orders are made, they are not always complied with. When this happens, the person failing to comply could be held in contempt of court, which could mean fines, enforcement orders and even imprisonment.More...
As family structures become increasingly complex, understanding the rights and responsibilities of each person involved in a child’s upbringing can be difficult.
At Howells Solicitors, we have a specialist child care department dedicated to ensuring that each of these individuals receives the advice and support they need to ensure their interests are fairly represented. This week, we take a look at the difference between biological and legal fathers, and highlight the rights and responsibilities of each.
Legal Father Vs Biological Father
The male parent of a child is known as their father. A man can become a father either as a result of impregnating a woman (a biological father) or by gaining parental responsibility (a legal father). More...
Using legal terms is often unavoidable however to make the processes involved more understandable for our clients, we have compiled a ‘cutting the jargon’ glossary:
Abduction - Child abduction is when a person takes or sends a child out of England or Wales without the permission of those with Parental Responsibility or the permission from the court. If a person has a Residence Order or a Child Arrangements Order for a child they will not be acting unlawfully if the child is taken or sent out of England or Wales for less than four weeks without the appropriate consent.
Accommodated children - Parents may agree to having their child removed or ‘accommodated' by Children's Services under section 20 of the Children Act 1989, while an investigation and assessment is carried out.
Barrister - Barristers are legal professionals who specialize in courtroom advocacy, drafting legal pleadings, and giving expert legal opinions. More...
