Home > Frequently asked questions

This is a flavour of the questions we are commonly asked. We are happy to expand on these and other services, please contact us for an initial consultation.

Divorce and relationship breakdown

That will depend on the process that you and your spouse choose to deal with the financial and other arrangements that will need to be made following your separation.

We strongly recommend, and as a firm we are deeply committed to, dispute resolution outside of the litigation system. We have experienced collaborative lawyers and mediators within our team and are able to offer these processes to resolve your dispute. If these processes are not suitable for you we would always advocate a conciliatory negotiated approach wherever possible. If there is no alternative but to seek resolution through the courts then we will represent you with care and vigour.

In divorce and dissolution matters the court has power to make orders for a sale or a transfer of property if that is the appropriate solution for you and your family. Whether it is the appropriate way forward will be dependent on many factors and must take into account the needs of you and your family.

If you choose to deal with matters through mediation or through the collaborative process then the decision making is in your hands and you and your spouse can create a solution that is suitable for you and your family.

Involvement with social services

That will depend on the process that you and your spouse choose to deal with the financial and other arrangements that will need to be made following your separation.

The Court now requires proceedings concerning applications for a Care or Supervision Order to conclude within 26 weeks. It is expected that within that timescale any assessments and expert reports are obtained. It is therefore vital that legal representation is obtained as early as possible.

An application can be made to discharge a care order. The applicant will have the burden of showing that the welfare of the child requires the revocation of the order. Practically, the court will want to see that the applicant’s circumstances have changed considerably since the original order was made. Legal Aid is available for these proceedings and is both means and merits tested.

Child abduction

A child cannot be taken out of the country without the consent of all people who hold parental responsibility for him/her (unless you have a residence order and then you can remove the child for up to 28 days). Permission must be sought and if not given an application for permission should be made to the court.

There are a number of international conventions and regulations that maybe able to assist in securing the prompt return of a child who has been taken out of this country by a parent without the other parents consent depending on the country involved. Alternatively it maybe possible to use the High Courts inherent jurisdiction to try and secure a child’s return. You can apply under the Children Act 1989 for a Prohibited Steps Order preventing your child from being removed from the Jurisdiction of England and Wales.

There are a number of defences available in respect of an allegation of parental child abduction. Please contact us to discuss further.

Child arrangement decisions

Yes, but only in certain circumstances. it remains means tested, both income and capital. It can only be granted if the person applying can prove that s/he has been the victim of domestic violence within the previous 24 months or if there is a risk that the child may be subject to abuse from someone other than the person applying for legal aid.

Contact us for more advice on any of these matters

If you have questions or need further advice on these or other  family law issues then please contact us on 020 7257 6130. We can arrange an initial appointment or telephone call.