Welcome to our Family blog.
The right to a fair trial in times of lockdown and the impact of Re P (A Child: Remote Hearing) 2020 Since the government introduced lockdown measures in March 2020 to curb the spread of coronavirus, the issue for the courts has been how to safely...
On 1 April 2020 The Supreme Court handed down judgment in the case of Whittington Hospital NHS Trust (Appellant) v XX (Respondent). The Supreme Court has determined that a person may claim damages for a surrogacy arrangement using her own eggs and donor...
A new legal authority has been published which clarifies when divorce proceedings can be started in England where the spouse starting the divorce has significant links to another EU country. While the position may change when the UK leaves the EU, there will...
The Supreme Court recently gave a judgement in the case of Williams v London Borough of Hackney (2018) UKSC 137 ( https://www.supremecourt.uk/cases/docs/uksc-2017-0037-judgment.pdf ) which has provided clarification on the scope of local authority powers...
Successful appeal of final care orders made instead of SGOs. Considering SGOs being made before a trial placement, status of extra judicial guidance and the role of Special Guardians in the court process. The Court of Appeal has handed down a...
Grandparents play an important role in children’s lives and research has shown that they have a positive impact, particularly on adolescents and when families are going through difficult times. A rising number of grandparents are going to court...
Following the breakdown of a relationship or marriage it is often the situation where one parent will want to take the children abroad during their school holidays. This article deals with what can be done if the children do not return from their holiday as...
What to Consider? The Easter break is fast approaching and many families will be looking forward to spending time together. For some this might mean holidaying abroad. If parents are separated, the arrangements for travelling abroad can be complicated...
Consenting to Care? Parents can agree to their children going into care, without going to court. Section 20 of the Children Act 1989 says that a local authority shall provide accommodation for any child in need within their area. Section 20 also sets out...
Recent studies have shown that the cohabiting couple in the fastest growing family type in the UK having more than doubled over the past ten years and is now the second largest family type in the UK. Many couples now choose to cohabit rather than marry or...
When assets are in dispute arising out of a divorce it is increasingly common for a third party to have an interest in those assets and to have to defend their interest by becoming involved in the court proceedings. The court will then usually need to...
In 2016, the issue of domestic abuse and the Family Court came to the fore. Many recognised the Archers’ storylines as being of great assistance in bringing this issue to public notice. Domestic abuse was brought further under the spotlight with the...
Following the breakdown of a relationship or marriage it is often the situation where one parent will want to take the children abroad, especially during their summer break from school. This article deals with what can be done if the children do not return...
In D (Appeal: Failure of Case Management) [2017] EWHC 1907 (Fam) (24 July 2017)the Court of Appeal recently considered the mother’s application for an appeal which raised issues about judicial case management and in particular the Court’s...
One of the main principles of the law regarding finances following a relationship breakdown is that any ongoing financial ties between the parties should be severed. This allows both people to move on with their lives and start afresh. Often, it will be...
The school holidays are almost upon us and many separated parents will already have made or be in the process of making plans for a trip abroad with their children. It is important for children to enjoy their holidays and experience new opportunities....
Weighing up the importance of religious beliefs and legally ending a marriage There are people who may want to separate but the legal ending of their marriage is in fact not in their best interests. Therefore it is important for family lawyers to...
The Supreme Court of India has recently been asked to consider the constitutional validity of a triple talaq – the oral divorce found in the practice of Islam. This raises the interesting question of how religion and the law interact and what happens...
Recently, a new National Audit Office report indicated some £3 billion in child maintenance arrears is considered ‘uncollectable’ which has led to this amount being written off, potentially depriving thousands of children of a better...
Social media pervades every day life for most of us. It is a useful way of keeping up communication with contacts and for finding long lost friends... and now, it seems, also to locate parties to court proceedings. The court in the case of Re: T...
It’s Family Mediation Week and one question that keeps getting asked is “Are MIAMs just a hurdle I have to jump through before I can go to court?” You’d be forgiven for thinking that this was the case, because before making an...
Risk of Divorce Affects Inheritance A study has shown a growing reluctance for parents to gift money to their children because of anxiety about it being lost on divorce. Financial planning firm Investec Investment & Wealth surveyed over 1,000...
16 Days of Activism Against Gender- Based Violence TV Edwards is pleased to support 16 Days of Activism, a worldwide campaign to raise awareness of gender based violence. The 16 Days of Activism runs from 25th November, the UN International Day of...
Playing a part in proceedings (Re W (a child) (public law proceedings: child’s separate representation)) 10/11/2016 Family analysis: Discussing the judgment in Re W, Maud Davis, partner at TV Edwards LLP, says it is clear that practitioners and...
A case recently came before the Court of Appeal whereby the court was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply when...
It was recently Mediation Awareness Week and a wide variety of different types of mediation were promoted including divorce or family mediation. Despite this, figures were also released showing that four out of five couples ignore divorce law with only one...
The Court of Appeal recently considered a father’s application for an appeal against a final order made by Ms Justice Russell on 19 May 2016. The father’s initial application at first instance was for the return of his two children to the...
So said the headline in the Guardian on 28.09.16. The bitter-sweet case of Samantha Jefferies, widely reported in the media, concerned the storage of embryos created during fertility treatment. The President’s judgment (in Re...
The Family team at TV Edwards was delighted with its recent performance in the independent legal directory, Legal 500. Warm congratulations go to Alison Leivesley,Maud Davis and Hannah Perry, who are key individuals in their field. Alison Leivesley is...
A situation may arise which leads a parent to fear that their child is at risk of being abducted from England and Wales to another country. A relationship may have broken down and one parent may learn that the other parent wishes to take the child back to...
The summer period is always the perfect time to take a break from every day life and have a holiday with the children. When children are travelling abroad with one parent owing to their parents having separated, this can become an extremely stressful time...
Ex-model Christina Estrada won a £75 million divorce settlement from Saudi billionaire, Sheikh Walid Juffali. Estrada obtained leave under Part III of the Matrimonial and Family Proceedings Act 1984 to apply for financial relief in England after...
Much has been written by lawyers and the press about the case of Vince v Wyatt. It is unusual in many respects, but it started off very ordinarily when the husband and wife married in 1982 and separated in 1984. Their marriage was therefore only around two...
As addressed in the earlier post by Kiren Dhillon, family law will be significantly affected by the result of the recent referendum. The area of international child abduction is likely to be affected by Brexit. This is because a key legal provision, known...
It has been a tumultuous time in British politics and in the country as a whole in the last few days. Some in Britain feel pleased to be escaping what they see as a unhealthy and limiting relationship. Others feel stunned at the outcome, disappointed,...
Did you watch the fly on the wall documentary called Mr v Mrs Call the Mediator on BBC2 on Tuesday (21st June 2016) evening? It was the first episode of a three part series that follows three separating couples going through family mediation . ...
The school holidays are fast approaching meaning many parents making plans to travel abroad with their children. This can be the one opportunity of the year to spend some extended quality time with each other. The arrangements for travelling abroad with...
At TV Edwards LLP we regularly act for parents who find themselves accused of abducting their children. Such an accusation often comes as a shock in circumstances in which the parent that has removed the children to England and Wales has done so under the...
Did you know that if one party is eligible for legally aided (free) mediation, the other person is also entitled to attend a free information session and a free first mediation session? It used to be the case that if the party not entitled to legal...
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“the child abduction Hague Convention”) is a treaty which aims to protect children from the harmful effects of international wrongful removal or...
A study released this week on behalf of Nationwide Mortgages shows that nearly three quarters of divorcees over 50 retain their homes on divorce. At a time of anxiety and change for people this is a reassuring statistic. Many divorcees will wish to preserve...
On 13 April 2016 the Supreme Court handed down judgment in the matter of N (children) [2016] UKSC 15 which has provided the latest twist in recent case law looking at when family cases should be transferred to another European jurisdiction. This is an area...
I am frequently asked what grandparents’ rights are when they have been prevented from seeing their grandchildren. It is a sad truth that grandparents do not have an automatic right to spend time with their grandchildren, and we see all to often after...
National Stalking Awareness Week 2016 runs from 18th - 24th April 2016. The week is to raise awareness around the dangers of stalking and the current issues facing victims. What is stalking Stalking is a pattern of...
The recent case of Morris to hit the news highlights that the needs of the parties and any independent children will often be the overriding factor for the court when deciding how the matrimonial pot is to be divided. Comment was made that the size of the...
he 8 March 2016 marks International Women’s Day. Globally, we all unite to celebrate the social, economic, cultural and political achievement of women. However, progress towards true gender parity has decelerated in many places across the world. Thus,...
On 03 February 2016 the Supreme Court handed down an important Judgment which redefines the way habitual residence is to be considered in the English Courts. Facts The parties were in a same sex relationship. The case concerned a little girl...
Separation or even divorce will not deal with the financial claims that you do have as a result of the marriage Why people living together need to take steps to secure the home they share... A case going through court proceedings at the moment...
Separating couples find that mediation is the most effective, quickest and cheapest way of resolving issues concerning children, finance, divorce and separation. Mediation is a process by which the couple meet with the mediator, usually in the same room...
For many a new year brings change and with it the chance to start afresh This can mean the ending of a relationship and there are fewer bigger and bolder decisions that you can make. Relationships are complex and unique and the decision to end one...
T V Edwards is backing the international campaign 16 Days of Action Against Gender Violence, This is a worldwide campaign which raises awareness of gender based violence. The 16 Days of Action run from 25th November, UN International Day of Elimination of...
When you think about meeting your ex-partner (at handover time, for example) does your heart start to race? You might also feel clammy and your stomach can lurch making you feel physically sick. You might start to feel overwhelmed with despair, dread or...
Putting children first when two adults separate is something that comes naturally doesn’t it? Well, we can try but there’s nothing we can do about the other person. We plan to do the right thing and stay calm in front of the children because...
When is the best time to start the process? Couples, lawyers and judges agree that Mediation or Collaborative law are a much less time-consuming and costly way to settle a dispute than going to court. When the parties involved in a dispute decide...
The need for financial disclosure from both parties is a fundamental one in order for both parties to obtain legal advice and to engage in meaningful and informed negotiations for settlement. Difficulties can however arise when one party fails to...
Figures recently released by CAFCASS show that the number of private law cases issued in the courts has risen year on year for the third month in a row. Private law children cases usually involve applications to the court for child arrangements orders...
A court order dismissing your spouse’s claims against your estate upon death may not prevent a claim if you continue to live together If a person lives with their ex-spouse after they divorce, can he/she make a claim against their...
Maud Davis, Member Partner here at TV Edwards comments for LexisNexis on the growing issue of parents trying to go to Syria with their children and how the family courts should manage the problem. Re X (Children) and Y (Children) (Emergency...
In December 2013, the Coalition Government consulted on increasing the fee payable to issue divorce proceedings from £410 to £750. This week the Government announced in its response to a fees consultation that it will increase the...
Deborah Piccos of TV Edwards LLP co-presented a session at the City law firm, Jones Day as part of the P3 Intimate and Interactive series at Jones Day on 8 July 2015. P3 is a support organisation which was set...
The recent case of the wife who lost a £3.2m home in a “cheap divorce that went wrong” highlights the importance of obtaining good legal advice for any divorce or family matter. According to press reports recently, Mrs Wilson and her...
Recently new statistics in relation to adoption were released. They show not only an increase in the number of children being adopted in England, but also that the number of adoptions is at the highest it has been since 1992. There were 5,050 looked after...
Before 5 April 2015 couples who became parents via a surrogacy arrangement did not have any right to maternity, paternity or adoption leave or pay. The only option open to them was to take unpaid parental leave or to make requests of their employer to grant...
The Department of Education has announced a grant of £2.5 million to establish more specialist Family Drug and Alcohol Courts (FDAC) across England, including Coventry, Kent and Medway, Plymouth, Torbay and Exeter, and West Yorkshire - extending this...
Divorce costs have been in the news recently with a senior Judge describing costs of £920 ,000 in the recent case of J v J [2014] EWHC 2654 (Fam) as “eye-watering” and “grotesque” but while the scale of costs in the...
There has been much confusion and uncertainty following judgment in the cases of Re B-S [2013] EWCA Civ 1146 and Re B (Care proceedings: Appeal) [2013] 2FLR 1075 and the President has, in the judgement of the case of Re R (A Child) (2014) EWCA Civ 1625 (in...
On 18 th December 2014 Home Secretary, Theresa May, announced a new domestic abuse criminal offence of coercive and controlling behaviour. The maximum penalty for the new offence will be five years imprisonment as well as a fine. The...
The 6 do’s and don’ts of buying a property with your unmarried partner or family member; Do take independent legal advice from a Family Solicitor on the best way you can secure your share in the property now and in the future. You should do...
On the 8th of December the Ministry of Justice confirmed the appointment of 5 new members to the Family Procedure Rules Committee (FPRC). TV Edwards LLP are delighted to announce that the Lord Chancellor has appointed specialist solicitor ...
There has been a lot in the news today about the markedly reduced number of children being put forward for adoption, compared to this time last year. The latest statistics confirm that there are more children in care by Local Authorities than there were...
The President of the Family Law division Sir James Munby has confirmed that on 22nd October 2014 S.11 of the Children and Families Act 2014 will come in to force. This Section inserts new Sections 1(2)A, 1(2)B, 1(6) and 1(7)into the Children Act 1989. ...
On the 25th September, as a TV Edwards solicitor I supported the London launch of P3- Proud. Professional. Parents. P3 is a newly established professional networking group aimed at professionals in London who have an interest in LGBT parenting. The...
The school holidays are finally here and whether you are a working parent like me or not, making the school holidays fun packed without breaking the bank can be a challenge! Whilst six weeks seems like a very long time to keep children entertained,...
Consider this scenario - You have a successful career, which you have worked hard to achieve making huge sacrifices along the way. You own your home, which you purchased many years ago. You put down a large deposit initially and over the years you...
As a family solicitor I am only too aware of the difficulties people face when dealing with relationship breakdowns. This is why myself, James Gill a Financial Advisor and Angela Coley a Personal Performance Coach have come together to create a seminar...
Today, the family justice system gets a major reboot to make it more streamlined and efficient. Much of the changes are concerned with how the courts that make up the system are re-organised and re-designated. This is big news among family lawyers like...
Clare’s Law- Domestic Violence Protection Notices and Domestic Violence Protection Orders On the 8 th March 2014, International Women’s Day, the Domestic Violence Disclosure Scheme was rolled out across England and Wales having been...
Great news followed the Marriage (Same Sex Couples) Act 2013; receiving Royal assent same sex marriages will be possible from the 29th March 2014. Couples will need to serve notice with their Local Authorities where they live at least 15 clear days before...
What next for media access to the family courts? On 01 December 2013 the press ‘broke’ the ‘saga of baby snatched from the womb’. We were told firstly by the Sunday Telegraph, that a mother who suffered ‘something of a panic...
A Rising Star at TVE Katie Brown wins at Solicitors Journal Awards
We don't need an award ceremony to tell us that we have some incredible lawyers at TVE. We have a wealth of talent across the firm with hard working committed lawyers.
In a firm whose core business bucks the trend by continuing to practice legal aid across multiple disciplines, it's incredible that we are lucky enough to have so many young lawyers still committed to delivering access to justice.
Every one of our young lawyers deserves to be recognised, however, it's a delight when one of our own TVE family wins an award recognising their talent.
I was incredibly proud to attend the Solicitors Journal Award ceremony on Wednesday 25th May with Katie Brown, my deputy head in the Social Welfare team. To be shortlisted at an awards ceremony which is industry wide is brilliant, to win the Rising Star category is just fantastic!
Katie's achievements in her work for YLAL ( Young Legal Aid Lawyers), where she was Co-Chair 2011-2015, are well documented, however Katie works tirelessly day in day out with a specialist homelessness practice. We are a close team supporting each other in delivering life changing advice to hundreds of clients every month and Katie's role in managing that team is crucial.
Katie's win was a boost to all our legal aid lawyers and the wonderful responses on Twitter evidenced how strong and supportive our wider community is.
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