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It was historically the case that children would only be spoken to in court proceedings if the court ordered a ‘section 7 report’ whereby the children would be spoken to in the preparation of that report, or if the court appointment a guardian...
Yes, you can. Our family lawyers have handled cases of incarcerated spouses. Imprisonment can sometimes be a fact of life and it does not prevent you from initiating divorce proceedings if you choose to do so. As long as there is a method of...
Parental responsibility is a legal term that refers to the rights, duties, and responsibilities a parent has towards their child. Having parental responsibility doesn’t automatically give you the right to contact or spend time with your child. ...
A guardian can be appointed by the court for the children in specified proceedings. The guardian should be an experienced social care worker. Their main job is to represent the child’s best interests throughout the legal process. They are there to...
When does the obligation to pay child maintenance end and in what circumstance can it continue beyond age 16? Child maintenance usually ends on 31 August after your child turns 16, but only if they leave full-time education or training. If your child...
Trying to decide the plans for Christmas Day can be a difficult conversation for any family, but even more so for separated parents who cannot agree on the arrangements for the children on Christmas Day or during the Christmas period more generally. What...
From applying for the divorce to finalising the divorce, the process can typically take a minimum of 26 weeks. The parties will need to wait 20 weeks from their divorce application until they can apply for a conditional order. After that, they will need to...
Can a court hearing be adjourned if there’s been a bereavement to a close friend or family member? Court hearings can be adjourned in certain circumstances. This means they can be rearranged to another date, dependant on court availability. When...
If you live in Wolverhampton or the surrounding areas (including Telford, Walsall, and Dudley), it’s important to be aware that the court process for applying for a Child Arrangements Order is changing from October 2025. Up until that time,...
How does remarriage impact my ability to apply for financial orders in a divorce? Financial orders can be applied for following a divorce from a spouse. There is no time limit on how soon a financial order must be applied for following a divorce, there is...
Every private family law practitioner and his dog across the country has been on the edge of their seat waiting for the highly anticipated Standish v Standish Supreme Court judgement, and on 2 nd July 2025 we were gifted with just that. In recent years,...
It’s no secret that marriage rates in the UK are declining [1] , but this does not mean that families aren’t finding themselves in legal disputes, especially if there are children from the relationship. However, unmarried couples of course do not...
You may have heard that within divorce proceedings a lump sum can be awarded to one party payable by the other as part of a financial settlement, usually to ‘buy out’ one parties’ interest in the former family home. You may have not...
Following a Final Order made in divorce financial remedy proceedings, a lump sum may have been ordered to be paid by one party to other as the best way to divide up the assets to conclude the proceedings. However, what happens if the party ordered to...
Parental responsibility (PR) is the concept of the legal and practical duties in relation to children in their minority (and their property) in your care. This manifests in ways such as the child’s education, residence, name, religion, medical...
You may have heard that MIAMs and Mediation are not the same thing but are confused as to the difference between the two. MIAM stands for Mediation Information and Mediation Assessment Meeting. The clue is in the name! This meeting assesses whether mediation...
Her Majesty’s Courts and Tribunal Service is currently plagued with backlogs and waiting times. Often, parties are experiencing waiting times on average of up to 16 weeks for an FDA (the first hearing in financial cases) following issue of financial...
When a party applies to the Court for a child arrangements order they do so on a form known as a C100. Where that party has concerns about harm, or risk of harm, they will also need to complete and file a form C1A. A C1A allows a party to raise concerns...
A form C100 relates to the arrangements for a child/ children. A party can use this form to apply for the following orders: A child arrangements order; to decide where a child lives and to confirm who they spend time with or otherwise have contact with; ...
Coercive control is defined by Women’s Aid as “an act or a pattern of acts, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim”. Domestic abuse is not always physical abuse. Coercive...
