Recently the family department at Duncan Lewis has had an influx of letters from clients in prison, requesting legal advice as a result of advertising in magazines published for prisoners. The majority of requests are from serving prisoners seeking advice and assistance regarding contact with their children.
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Delay in private law cases coming to a satisfactory conclusion goes against one of the main principles underpinning the law relating to children, this being that any delay is likely to prejudice the welfare of the child. Read more...
There are a variety of steps which can be taken to enforce a financial order which has not been fully complied with. However it should be noted that before any process is issued for the enforcement of an order governed by the Family Proceedings Rules 1991, for the payment of money to any person, an affidavit (sworn statement) must be filed with any application, verifying the amount due under the existing order and clearly showing how the amount due has been calculated. Read more...
The issue of Child Abduction has become an ever more increasing worry for parents and children alike over recent times. As a result England and Wales have entered into numerous agreements to safeguard the rights of the non-abducting parent and the children. Read more...
It can be safely assumed that in most cases if Ancillary Relief Proceedings have been issued, one or both parties will suspect that the other has assets or property that they have failed to disclose in a deliberate attempt to defeat their claims. Read more...
The family courts have the power to offer specific remedies to protect those who have been subjected to physical violence, threats of violence and harassment. A non molestation order is an injunction that prohibits a person from using or threatening violence or harassing, pestering or intimidating another person. An occupation order can stop a person from coming to the family home or to exclude someone from a certain radius or even to allow a victim to return home.
On the 1st July 2007 the Domestic Violence Crime and Victims Act (DVCVA) came into force. The aim of this act is to provide even greater protection for victims of domestic violence. Read more...
In a recent case, a wife contested the court’s decision to grant an order, made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), for the sale of her and her husband’s matrimonial home before their divorce was due to be heard. Read more...
In a recent discrimination case, the Court of Appeal dismissed the appeal of a Christian registrar who refused to perform civil partnership ceremonies. Read more...
In a recent case, a wife contested the court’s decision to grant an order, made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), for the sale of her and her husband’s matrimonial home before their divorce was due to be heard. Read more...
A recent case concerning a baby boy who had suffered abuse has led the Supreme Court to clarify the role of the courts in child protection cases. Read more...