I have drafted some new documents this week including a Will. I had an appointment with a couple that wished to make a Mirror Will. In order to assist me with the large amount of information required to enable me to draft the Mirror Will, Jason Lewis provided me with a ‘Will Questionnaire’. This is a document, which includes multiple questions relating to property, children, chattels and even funeral wishes. After completing the ‘Will Questionnaire’ I was able to draft the Will.

I also drafted a Consent Order and a Parental Responsibility Agreement Order for a Step- Parent. I drafted the Consent Order for a client who had already got divorced but had never issued Ancillary Relief Proceedings. A Consent Order may be necessary in situations like this as despite the fact a couple may be Divorced the ex husband or wife can still make a claim to the other’s property. This is also possible once the husband or wife has died, the ex partner can still make a claim to their estate despite the fact they were divorced a number of years before. A Consent Order is very flexible and can be drafted to reflect the needs of the divorced couple, however an important clause to include is the ‘Clean Break in Life and in Death Clause.’ The inclusion of this Clause prevents either party from making a claim against the other’s property both during their lifetime and after death.

I drafted the Parental Responsibility Agreement Order for a step parent. Our client had recently married the Child’s mother and they had their own child together. Our client wanted to have Parental Responsibility for his wife’s child so he could play a pivotal role in the child’s life. Parental Responsibility is defined in the Children Act 1989 (s3) as, “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. “
While this definition is not particularly detailed, Parental Responsibility includes key roles such as:

• Providing a home for the child
• Protecting and maintaining the child
• Choosing and providing for the child’s education
• Determining the religion of the child
• Agreeing to the child’s medical treatment
• Naming the child and agreeing to any change of the child’s name
• Accompanying the child outside the UK and agreeing to the child’s emigration
• Appointing a guardian for the child, if necessary
• Allowing confidential information about the child to be disclosed

It also carries with it an automatic entitlement to make certain applications to the court, which you would not have been entitled to make if you did not have Parental Responsibility.

I have engaged with a wide variety of professionals including Police Officers, Property Valuers, Social Workers, Counsel and Collectors of specimens for both alcohol and drug testing.

Originally Mrs Justice Parker ruled that Mr Donald Gallagher should be awarded a £1.7m ‘divorce’ settlement. However, three Appeal Court judges reduced this sum by more than £250,000.

The parties entered in to their relationship from two very different financial positions. Mr Lawrence’s counsel said that Mr Lawrence’s £2.4m London flat should not have been included in the partnership ‘pool’ of assets and described such a decision as “flawed and bizarre.”

Mrs Justice Parker originally included the London flat and a five – bedroom country home worth £900,000 in the ‘pool’ of partnership assets. Mr Lawrence’s counsel argued that Mr Lawrence had always owned the flat even before he had entered in to a relationship with Mr Gallagher.

Lord Justice Thorpe allowed the appeal in part and said that taking the London property out of the ‘pool’ of partnership assets all together was quite “unrealistic.” He stated: “although this is a Civil Partnership and not a Marriage the same rules apply.”

Lord Justice Thorpe assessed the parties needs and stated that each party of course needed a property of their own. Mr Lawrence kept the London Flat as it pre dated the relationship and was deemed necessary for his work. Mr Gallagher was awarded the country home, as he would have the ability to use the property as a Bed and Breakfast and earn some income.

It was also necessary to consider what funds were required for both parties to “live comfortably in their own homes.” Mr Lawrence was considered to be self-sufficient based on his earnings and pension.

Lord Justice Thorpe stated that there was no rationality in Mrs Justice Parker’s decision to give Mr Gallagher a lump sum of £577,778 and suggested a fairer figure of £350,000.

Mr Gallagher’s counsel argued that Mr Gallagher played the “major domestic and home making role” in the partnership. He said that his client not only maintained the home but also helped to create a home in the London flat and “significantly enhanced the couple’s enjoyment of the flat as their mutual home.”

Despite this argument by Mr Gallagher’s counsel Mr Lawrence successfully appealed the order made by Mrs Justice Parker, ultimately reducing the amount he has to pay to his ex partner.

Here at Lewis Rodgers Solicitors our family solicitors deal with numerous areas of law including finances in divorce. Contact us to make an appointment today at our: Winsford Office on: 01606 861 858 or our Macclesfield office.

Sir Nicholas Wall argues that the “time for allocating blame for the failure of a marriage, as encouraged by an adversarial court system, has now passed.”

This argument is based on the fact that society has now moved away from viewing divorce as shameful, and as a result there is no need for one party to be seen as the ‘innocent’ party to maintain their social status. As a result of society’s acceptance of Divorce, defended divorces are rare nowadays.

Sir Nicholas Wall first voiced his views on No Fault Divorces when he was a member of the Whitehall Advisory Group. The Whitehall Advisory Group backed No Fault Divorces in the Family Law Act 1996, however Tony Blair’s labour government dismissed the plan as it made “breaking up too easy.”

Here at Lewis Rodgers Solicitors we offer legal aid for all types of family law matters and our legal aid family solicitors deal with children Issues, domestic violence, divorce, finances in divorce, separation, care cases and property disputes.
Contact us to make an appointment today at our: Winsford Office on: 01606 861 858 or our Macclesfield office on: 01625 429114.

In order to become a qualified Police Station Representative you must accumulate significant experience of representing client’s at the police station and advising them on interview and other police procedures. There are two assessments that must be passed: A written Portfolio consisting of 9 Case Reports and a Critical Incidents Test.

I have also encountered new experiences within Family Law. Up until now I have dealt with client’s who wish to be make applications for Harassment Orders or Non Molestation Orders against other individuals. However, I have recently represented a client who is a Respondent in an application for a Non Molestation Order. Originally the client was the Applicant however the Respondent attended the return hearing and contested the Non Molestation Order, in addition to this they also made a cross application for a Non Molestation Order against our client. The purpose of a contested hearing is for the Court to make findings; as a result of this the hearing can include evidence from the police, witnesses and experts. Such witnesses and experts may be cross-examined by Counsel and the judge will ultimately make a decision of the conflicting information given by the Applicant and the Respondent.

I have continued to practice my drafting skills by drafting an Undertaking in a Family Matter. An Undertaking is a promise made to the Court by either the Respondent or the Applicant. An Undertaking is not always suitable. However they are useful in certain family matters. An Undertaking may be an alternative to the contested hearing procedure outlined above. If parties cannot agree on a Court Order they may agree to an Undertaking, which is then approved by a Judge and sealed by the Court.

Despite matters going to Court and being settled within Court, sometimes client’s can still encounter problems dealing with the small issues that surround a Judge’s decision. As I have previously ‘blogged’ this may include collection and return arrangements for contact with children, contact during school holidays or contact between children and other family members. However, I have recently liased between a couple regarding a shed that remains at the former matrimonial property but is not owned or wanted by the party residing there. It is always in the best interests of the parties and any children of the family if the parties are able to discuss these issues and reach a resolution themselves, however this is not always possible and the fine lines need to be ironed out by the parties’ legal representatives.

This is clearly a very restrictive evidential requirement and risks excluding a number of victims from receiving Legal Aid.

Recommendations have been made to widen this evidential requirement to include evidence from GPs rather than proof of civil or criminal proceedings.

The Government accepted that a broader definition of Domestic Violence should be used to include physical, psychological, emotional and financial abuse.

The Bill is currently in the House of Lords. The Government has suffered numerous defeats. Peers voted by a majority of 37 to approve Labour’s amendments requiring Legal Aid protection for victims of domestic violence.

Here at Lewis Rodgers Solicitors we offer legal aid for all types of family law matters and our legal aid family solicitors deal with children Issues, domestic violence, divorce, finances in divorce, separation, care cases and property
disputes.

Contact our Legal Aid Solicitors today for an informal discussion and to arrange to have access to 30 minutes free consultation to ascertain your eligibility for Legal Aid.

Contact us to make an appointment today at our: Winsford office on: 01606 861 858 or Macclesfield office on: 01625 429114.

Since the changes came in to force on the 3rd October 2011 solicitors have not been paid for work in the Magistrates’ Court in either way offences that are sent to the Crown Court. This has meant a cut of almost 50%.

The Law Society have expressed a concern that the cut will create a real risk that solicitors may decide that they can no longer afford to represent defendants in committal proceedings in the Magistrates’ Court. This was result in a surge in the number of un-represented Defendants.

To back up their concern the Law Society referred to a survey completed by the Lord Chancellor of court staff on the 16th January 2012. This showed that four courts had reported the number of un-represented Defendants increasing by 20% to 50% or more.

There is also an expectation that there will be more delays as cases will be reaching the Crown Court without full preparation pre-committal.

The Law Society is seeking to quash the decision to remove the fee. If the decision is quashed those solicitors who have attended committal proceedings for cases granted representation orders since the changes on the 3rd October 2011 will be paid for doing so.

In our Criminal Law Department, Stephen Rodgers is qualified as a Higher Court Advocate. This means that our clients can have the same representation and seamless service all the way from the Police Investigation up to the Crown Court.

Call Lewis Rodgers Solicitors (Winsford) on 01606 861858 or (Macclesfield) on 01625 429114.

Although the majority of cases are resolved by the Final Hearing stage, sometimes some issues remain that need to be resolved between the parties legal representatives. These include details such as the location for collection and return of children for contact, contact during school holidays and contact between children and their grandparents.
Sometimes it is necessary to draft a letter to deal with outstanding issues, other times numerous conversations between the legal representatives are necessary and eventually the matter may have to go back to court again.

I have attended a First Appointment Hearing in Ancillary Relief Proceedings. The aim of this hearing is to agree questions which can be raised by each party regarding the Form E which are mutually exchanged prior to the hearing. The Form E outlines the marital assets to be distributed between the parties.

I have continued to represent clients in a applications for ex parte Non Molestation Orders and I have progressed to representing clients at the return hearing. This hearing is an opportunity for the Respondent in the matter to attend and contest the continuation of the Non Molestation Order. If the Respondent contests the making of the Non Molestation Order the Judge will list the matter for a Finding of Fact Hearing. The Respondent can attend with a legal representative or act as Litigant in Person. In the time between the return hearing and the Finding of Fact Hearing further statements may be filed, a Schedule of Allegations must be drafted and exchanged, requests for Social Services and Police disclosure may also need to be made. Psychiatrist reports may need to be ordered and drug and alcohol testing may have to be completed. Finally a bundle with preliminary documents must be compiled. All of these documents must be completed and filed with the court by set deadlines.

I have continued to sit in on and conduct appointments with new clients. I conducted my first appointment concerning a Public Law Children Application. I have also sat in on an appointment in a divorce matter which had reached the stage of applying for the Decree Absolute and the divorce ultimately becoming finalised. However, in these particular proceedings the parties had resolved the finances and reached their own agreement therefore the client did not wish to make an application for Ancillary Relief. As a result of this the client was advised to secure a Consent Order and a Clean Break Order. Such orders will ensure that after the divorce is finalised neither party can then make an application for Ancillary Relief and a claim to their ex partners assets.

Keep checking the Lewis Rodgers Website for the latest legal news and firm news!

As my Training Contract has progressed I have encountered various forms of new information. This includes: historical records and allegations, agreements regarding maintenance payments, Undertakings, Psychologist Reports, DNA Results and Alcohol Testing Results.  I also encountered service of documents via text message; this is very rare and was only acceptable in the relevant case due to the previous issues with service. As a result of these problems the District Judge Ordered that service via text message would be acceptable.

I have also visited court. I attended court to represent a client on an application for a Non Molestation Order under the Family Law Act 1996. While at the court I took instructions from my client. I then went before the District Judge and made the application on behalf of my client. I then left the Courtroom to draft a Non Molestation Order reflecting the discussions I had had with the District Judge and the directions that he gave. I then informed my client of all the necessary information surrounding a Non Molestation Order including potential breaches, and the fact that breaching a Non Molestation Order is an offence which an individual may be arrested for committing. The Order that was granted by the District Judge had the time of the next hearing missing; therefore I learnt that I could ask the Court to amend the Order under the ‘Slip Rule’.

I have therefore drafted numerous documents for the Court, Legal Services Commission and of course for clients. These include; Draft Orders, Consent Orders, Non Molestation Orders Position Statements, Form A, D8 and D8A, FL401, App 8 Forms, APP 3 Forms, APP 5 Forms, POA1 Forms, L31 Forms, Means 1, Means 1 A, Means 2 and L31 Forms. I have also completed another Skeleton Argument.

The start of 2012 has definitely been busy. I have continued working in a number of areas including Non Molestation Order applications, Occupation Order applications, and Public and Private Law Children applications.

I have visited court multiple times over the past two weeks. I assisted Counsel in a Public Care Proceedings matter which also included a Human Rights Application and as a result of this a Queens Counsel was also present at the hearing.

I also represented a client at the Family Proceedings Court. This hearing was a return hearing for a Non Molestation Order application, Occupation Order application, Prohibited Steps Order application and a Residence Order application. It also involved the issue of a Transfer of Tenancy. When I attended court I liased with the CAFCASS officer regarding the incomplete safeguarding checks and I also liased with the Respondent who was acting as a litigant in person. I then went before the Justices of the Peace and represented the client.

I have completed a number of Draft Orders for my attendances at court that have included various clauses needed to cover multiple situations and outcomes in the individual cases. I have also carried out appointments with new clients at Lewis Rodgers offices in Winsford and Macclesfield making brand new applications and I have therefore drafted numerous documents for the Court, Legal Services Commission and of course for clients. These include; Draft Orders, Position Statements, FL401, C1A, C100, App 8 Forms, POA1 Forms, L31 Forms, Means 1 and Means 2 Forms.

If you are ever requested to attend a police station, either by an informal invite or an arrest you are entitled to free and independent legal advice. Such representation at the police station is recommended as any errors made or wrong impressions that may be given will be difficult to correct after they have been said.

If you are asked to attend a police station or arrested and taken to a police station, ring a solicitor who practices in Criminal Law, such as our Stephen Rodgers, who will arrange the representation you need. Even if you are asked to attend or taken to the police station in the early hours of the morning there will be an out of hours telephone number you can use.

However, if you find yourself having already started to give an interview you can stop the interview at any time and request to speak to or be represented by a solicitor. The call will be made to the Duty Solicitor Call Centre and you can specify the name of the solicitor you wish to speak to or have represent you. That solicitor will be contacted and they will ring you back immediately.

Remember, it is not only necessary to have a solicitor present at the police station if you have done something wrong. You are entitled to free and independent legal advice, regardless of the circumstances.

In our Criminal Law Department, Stephen Rodgers is qualified as a Higher Court Advocate. This means that our clients can have the same representation and seamless service all the way from the Police Investigation up to the Crown Court.

Call Lewis Rodgers Solicitors (Winsford) on 01606 861858.