Family | DFA Law Northampton Solicitors News
- Pre-Nups – Not Quite There Yet
- Animals and Divorce - New Ruling
- Bankruptcy and the Family Home
- Child Maintenance Rule Changes
- McCartney Split - Implications for Divorcing Couples
- Legal Aid - Rarity that DFA Recognises
- Ancillary Relief and Costs
- Family Proceedings - the role of the judge or the bench
- Children with Disabilities and Special Needs
- Award Upheld
- Shared Residence
- Access to Papers
- Expert Evidence
- Ancillary Relief
- Domestic Violence and Contact
- Contact and Emigration
- Budget and Benefits Changes
- Injunction to Protect Privacy of Children
- Maintenance Pending Suit
- Order to Return Children
- Sharing Relevant Information
Ancillary Relief and Costs
The High Court has held that where a husband had given wrong and misleading information about his finances he could not complain if his conduct attracted an adverse order in costs. His wifes behaviour in the proceedings, however, was also regarded as unreasonable and this had to be taken into account by the court.
For information on the financial aspects of divorce our family team will be pleased to help. Contact info@dfalaw.co.uk now.
Family Proceedings - the role of the judge or the bench
The Court of Appeal has recently dealt with two issues relating to the role of the judge (or bench of magistrates) in family proceedings. In the first case the Court decided that a judge hearing a case was entitled to reach a conclusion as to the dynamics of the family and to ask leading questions of either of the parties. In the second, where a mother had constantly failed to co-operate with contact arrangements, an order committing her to prison was necessary as a means of enforcing the rule of law and as a last resort to ensure that she complied with the court order.
Why not instruct our family team to represent you in any family court proceedings? We will ensure that you receive specialist advice and guidance every step of the way. Just contact info@dfalaw.co.uk for more information.
Children with Disabilities and Special Needs
Following parents separation, the parent with care will often need to look to the welfare benefits system for assistance in meeting day-to-day income needs and for help with mortgage interest or rental costs. However, the children for whom the parent is responsible may also have additional needs. The costs of looking after and meeting the needs of a child with a disability or special needs can be considerable and it may be difficult or impossible for a single parent to manage.
For information on the ways in which the welfare benefits and Community Care systems and court-based child maintenance may assist contact info@dfalaw.co.uk now.
Award Upheld
The Court of Appeal recently upheld a High Court Judges award of £4.5 million in respect of a short childless marriage where the parties were still young and the husbands wealth was over £30 million pounds.
Are you concerned about how you might fare financially following your divorce? Just email info@dfalaw.co.uk for assistance.
Shared Residence
The Court of Appeal recently held that a judges refusal to order shared residence because it would affect the issue of control and power between the parents was unreasonable. The Court of Appeal decided this was a classic case for shared residence which would reflect the reality of the situation.
For advice on contact and family matters in general email info@dfalaw.co.uk.
Access to Papers
The Court of Appeal recently allowed the appeal of a father, who, following the conclusion of contact proceedings had been injuncted from accessing or disseminating information from the papers. An order was substituted allowing the father limited access to the papers.
For advice on any aspect of family law email info@dfalaw.co.uk.
Expert Evidence
The Court of Appeal recently held that while the instruction of experts in family proceedings must be controlled, the court should be slow to refuse an application for a second expert opinion in cases such a non-accidental head injury, where certain evidence may be pivotal and by its nature not easily challenged save for by another expert opinion.
For assistance with any aspect of family proceedings email info@dfalaw.co.uk.
Ancillary Relief
The High Court recently allowed an appeal against a Child Support Act liability order. It that a consent order stating that maintenance payments would be reduced by the amount of any CSA assessment and which provided for larger initial payments was intended to address arrears which had built up.
For advice on divorce and the financial consequences arising from it email info@dfalaw.co.uk.
Domestic Violence and Contact
In a recent contact case the Court of Appeal held that the judge had misremembered the facts of a case and had developed a polarised view of the parties. He had minimised the significance of the domestic violence and failed to have regard to a case which was the authority on domestic violence. He failed to have regard to the reporting officer and the experts view as regards the effect the violence had upon the mother. His decision was flawed.
For advice and assistance with contact and domestic violence issues email info@dfalaw.co.uk.
Contact and Emigration
The Court of Appeal recently upheld a judges decision to allow a father, who was primary carer, to emigrate with his new partner and the child to Australia. The mother, who was not having direct contact with the child, had argued that there was no evidence that the father would be distressed by a refusal.
For assistance with contact issues email info@dfalaw.co.uk.
Budget and Benefits Changes
Did you know that a total of 3 million of Britains 7 million families with children now receive more in tax credits and Child Benefit than they pay in income tax (so that their income tax liability is effectively wiped out)? In the Budget on 16 March 2005 the Chancellor made the point that as a result of tax credit income offsetting income tax the effective point at which a family with two children starts paying income tax is now £21,200 and that by April 2007 the threshold will be over £22,000.
For more information on tax credits contact info@dfalaw.co.uk now.
Injunction to Protect Privacy of Children
The High Court has held that a local authority is entitled to an injunction restraining the publication of the identity of a defendant and her victim in a criminal trial, and of the fact that they are HIV positive, in order to protect the privacy of their children who had not been involved in the trial but who are the subject of care proceedings.
For advice on any aspect of family law email info@dfalaw.co.uk.
Maintenance Pending Suit
The Court of Appeal has held that maintenance pending suit could be awarded where the jurisdiction of the court was in issue and where the case related to substantial sums of money. At the courts discretion this could include an element for the petitioners legal advisors to pay the costs of the proceedings.
Maintenance matters. Contact our family team for further advice on how we can assist you. Just email info@dfalaw.co.uk.
Order to Return Children
The Court of Appeal recently held that a judge had erred by ordering the father to return the parties children to the mother where the father had made serious allegations against the mother and the judge had failed to at least carry out pre-emptory investigations into those allegations.
For advice on residence or contact issues email info@dfalaw.co.uk.
Sharing Relevant Information
The High Court has held that, in general, there is an obligation on a Local Authority to share relevant information relating to a child in their care with its parents. Such information was held in the instant case not to include the fact that a foster father was HIV positive, since the risk of infection was negligible it was not information which would affect the courts decision. Where the risk was not negligible the duty to disclose might overcome the foster fathers right and the duty owed to him.
For advice and assistance with care proceedings email info@dfalaw.co.uk.
Call us now on Northampton (01604) 609560 for more information
or email us at info@dfalaw.co.uk
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