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remote family court

Remote family court hearings – how do they work?

The introduction of social distancing in response to the coronavirus outbreak has caused disruption to many vital services – including in the justice system. Many services that would typically have taken place face-to-face have been adapted to meet the challenges of our current climate. One such service is family court hearings, which may now take place remotely. In this post, we look at how remote family court hearings currently operate. Will my family court hearing be held remotely or in-person? For now, it is the default position that family court…

Coronavirus and residential tenancies – update on eviction procedure

The Government has published an update as to how residential possession matters will proceed following the lifting of the ban on eviction which is set to come to an end on 23 August 2020. Claims have now been split into 3 categories. Stayed claims brought before 3 August 2020 Stayed Claim brought before 22 August 2020 New claims brought after 22 August 2020. No stayed claim will be restarted until a reactivation notice is filed with the Court and served on the Tenant. This will enable the matter to be…

How to deal with an estate as an executor during the coronavirus pandemic

Adjusting to the challenges caused by coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on executors may seem overwhelming. In recent years there has been an increase in the number of claims brought against executors by beneficiaries. Coupled with increased financial hardship as a result of the coronavirus pandemic, it is vital that executors understand their duties and obligations to avoid claims. In this article we set out what is required of executors, and how…

A toolkit for family breakdown in the lockdown

The coronavirus crisis is redefining lifestyles and the boundaries of our interactions; a situation that can challenge even the strongest bonds.  For couples who are struggling in their relationship, or trying to manage co-parenting, anxiety levels are likely to be heightened if it seems there is nowhere to turn, while personal movements are restricted and even the family courts are working remotely.  "For myself, and my colleagues across the country, being a family lawyer means being there for all the challenges, not just the day in court, and at this…

Private Fostering – A short guide

In 2000, the country was shocked to the core by the murder of 8-year-old Victoria Climbié. She was privately fostered with her great aunt, who had arranged a fostering agreement with the child’s parents. After this tragic case, legislation was swiftly introduced to stop another tragedy by ensuring that vulnerable children were placed in safe, secure homes, regardless of the relationship of the carer to the child. It also means that local authorities now have to be a part of any private fostering arrangement, regardless of whether or not it’s…

Back to school – what’s the law on uniform policies?

This can be a very expensive time of the year for parents, as their children have now all returned to school. Not only are there all the usual essentials to buy but also those big-ticket purchases, like a new school uniform. The majority of schools in the UK have some form of dress code or uniform, and most are pretty strict about enforcing compliance from pupils, whether it’s a school tie or a top-to-toe uniform with strict rules on everything from the type of shoes worn to caps, personal jewellery,…

When can you let your kids fend for themselves?

If you’re a parent, you’ll be familiar with how long it takes to get your children ready to leave the house. Whether it’s setting up the pram for the baby, filling your bag with all the supplies you need or finding lost shoes, it can be a real pain to do anything quickly, especially if you have an appointment to get to, or shopping to buy. If only you could safely leave your child on their own and get those daily tasks done quickly. But where does the law stand…

The question of surrogacy in the UK

It’s an area of family law that isn’t often discussed in public. Indeed, many people incorrectly think that it’s still illegal in this country. But surrogacy is an accepted practice in England and throughout the UK, as long as it isn’t done for profit. However, in June the Law Commission of England and Wales, along with the Scottish Law Commission announced that surrogacy laws were falling behind the times, were unfit for purpose, and need a complete overhaul. The intention with any review of the surrogacy laws is to ensure…

MIAM – What you need to know about family mediation

Family breakups are, without doubt, one of the most stressful and upsetting processes anyone can go through. This is particularly true if there are children involved, and/or the separation is not amicable. Divorce can be a long, drawn-out process that can also hit your finances hard, especially if every communication is done through a solicitor. ‘Quickie’ divorces are not as easy to arrange as you may think and if you’re heading for the family law courts, you have to go through a period of mediation beforehand. MIAM was introduced in…

Change in divorce law looks set to stop the blame game

The news that no-fault divorce is likely to become law has been welcomed, but while the legislation waits for its place in the parliamentary calendar, families must continue to deal with one party being ‘blamed’ for the breakup or wait for the change in the law. And with the parliamentary calendar full of another divorce - the UK’s departure from the EU – no date has been given for debating the proposed changes. Official statistics show that almost half of divorce petitions between 2016 and 2018 cited behaviour as the…

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