Family Law

Removing Children from their ‘habitual residence’

April 26th 2021
 

Many clients don’t realise that children cannot be removed from the country they habitually reside in without both parents’ consent. Not only can it amount to child abduction (a crime) but the child is most likely to be returned to the home country. Taylor Chanter Solicitor reports on this recent case. Yet another case highlights that children should not be removed without consent or a court order. The wishes of…

Divorcing wife ‘wrong to access husband’s private information’

April 12th 2021
 

Many clients don’t realise that there are significant restrictions on what information they should be accessing in relation to their spouse’s finances. Indeed, some anticipate that you will want them to have done some ‘digging’. In fact, the opposite is true. A recent case highlights the difficulties which develop if one party takes the search for financial information into their own hands. Amy Fallows Senior Associate Solicitor & Head of…

Children to be removed from their mother and returned to father …

March 17th 2021
 

The Family Court has ordered that two children who were wrongfully removed from Italy by their mother must be returned to their father in Rome. This is a timely reminder that children cannot be removed from a country where they are habitually resident without the consent of both parents. Many children may have become resident in England as a result of lockdown. It is important to remember that they now…

Divorced couple in dispute over share of wife’s £2m pension fund …

March 10th 2021
 

A wife has lost her appeal to reduce the amount her husband should be awarded from her pension fund as part of their divorce settlement. For many clients retaining their pension pot is very important. This is a good reminder that the sharing principle is firmly applied to pension accrued during the marriage. Amy Fallows, Head of Family Law reports on this recent case. The husband and wife, who were…

Child arrangements for separated parents in lockdown

February 2nd 2021
 

There are so many pressures on parents just now. Home-school projects, internet speeds and on-line lessons all add to the stress of working parents. For many of us, ‘survival’ is the main aim of the game. By Amy Fallows Head of our Family law team. If you add tension between separated parents to the mix, it is easy to see why child arrangements might break down in lockdown. The government has…

How do I get to see my children?

January 9th 2021
 

By Agreement: Most parents don’t need a court order setting out the arrangements for them to see their children. We would recommend that any separating parents try to agree the arrangements before the separation and tell the children together what is going to happen. It is useful to have a year planner and plan several months in advance. Try to include special days like birthdays, mother’s day, father’s day and…

Judge ‘was wrong’ to prevent grandparents adopting 3-year-old

August 11th 2020
 

By Taylor Chanter Solicitor in our Family Law team. The Court of Appeal has ruled that a judge was wrong to prevent two grandparents adopting their 3-year-old grandson. The court heard that the child’s mother suffered from mental health problems. She had a long history of drug abuse and had criminal convictions for violent offences. She had had no contact with the child since his birth. Care proceedings had been…

Lockdown takes its toll on relationships as couples opt to split

July 1st 2020
 

AS lockdown eases the true impact the three-month confinement has had on personal relationships and family life in the UK is starting to emerge. Amy Fallows Associate Solicitor specialising in family law with leading legal firm Cartmell Shepherd Solicitors, has seen a surge in cases from cohabiting and married couples wanting to split. Amy, who is also a part-time Deputy District Judge in the county court and family court, says…

No-Fault Divorce is nearly here!

June 18th 2020
 

Amy Fallows Associate Solicitor in our Family law team provides update. The moment many separated couples have been waiting for is nearly here… the true ‘quickie divorce’. A law should be passed by Parliament in the next few days which will allow couples to divorce if they wish. Currently one spouse has to cite unreasonable behaviour or adultery if they want to divorce straight away. Many instead opt to wait…

Child arrangements during Covid-19

May 26th 2020
 

Amy Fallows Associate Solicitor in our Family Law team provides some helpful advice. The lockdown has challenged many parents.  Home schooling and home working are difficult to combine successfully.  Not least for separating parents who are already balancing childcare between two homes. The government made it clear:  Children can pass between parents despite the current restrictions.  It is equally clear that younger children are least vulnerable to Covid-19.  However, it…

Amy Fallows
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