Tag: Lewis Rodgers

Children Act Section 1 Will Now Include ‘Sharing Parenting’

New amendments have been put forward by The Department for Education in order to provide for a presumption of shared parenting within the Children Act 1989. A new section 1 (2A) will be inserted into the Act as follows: “(2A) A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each…




Early Success in Speeding Up Care Proceedings

Care proceedings’ average duration drops from 50-60 weeks to 20.3 weeks In April, three London Councils conducted a pilot scheme in relation to child proceedings. Participants have concluded that it is in fact possible to dramatically speed up the majority of care cases, including adoption, to hit the government’s target of six months. The pilot…




An Observation of the Reform of Residence Orders

There as been cautious welcome to the Children and Families Bill that was announced in May 2012. The Bill has significant proposals, including a 6 month statutory time limit for care cases; greater emphasis on mediation and the establishment of a ‘shared parenting’ principle to ensure children have a relationship with both parents after family…




Residence of a Child in Unusual Circumstances

Mr Justice Coleridge recently discussed cases of Women that are seeking fertility treatment in Nigeria. What is believed to be happening is that the women are being ‘tricked’ by individuals that are allowing the women to believe that they have fallen pregnant and in fact given birth. The women are then paying money for the…




Occupation Order – Parties Being Married For 20 Years

The parents in the instant case had been married for 20 years and had twins aged eight. Relations had deteriorated between the parents and in proceedings before the judge, the husband produced audio and video recordings showing exchanges between him and the wife which were designed to show that she was unreasonable or unwell. The…




Lewis Rodgers – Providing Legal Services Across Cheshire

As a well established leading firm of Solicitors based in offices across Cheshire, we are proud to serve the local communities across an ever-expanding area, we are delighted to announce that we are able to provide our usual great legal services to people across: Winsford, Northwich, Middlewich, Sandbach, Crewe, Nantwich, Congeleton, Macclesfield and Tarporley. We…




Nicola’s Diary

I am now six months into my Training Contract at Lewis Rodgers, although prior to this I was a Legal Clerk for here for nearly three years. It has been extremely busy this week with me being out at Court every day. I have been to Court on Ex-Parte Injunctions (urgent applications to the Court)…




Family – Children; Contact Order; Residence Order

Residence and Contact Orders – Disclosure of Evidence Re J (a child) (disclosure): Court of Appeal, Civil Division (Lord Justices Thorpe and McFarlane, Lady Justice Hallett): 21 September 2012 The instant proceedings concerned a child, who was aged 10 years old. The parents had separated in December 2002 and the father returned to his home…




Will – Confusion over a Gift

Scarfe and another v Matthews and others: ChD (Mr N Strauss QC (sitting as a deputy judge)): 5 September 2012 The instant proceedings concerned the administration of the will of the late Mr Bernard Matthews (BM), the founder of a very successful turkey farming and food production business. In November 2010, BM died, survived by…




DV Research

There is no specific criminal offence of domestic violence. Instead, a definition that refers to “incidents of threatening behaviour, violence or abuse” was adopted by the Government in 2004. The Government have announced a new definition of Domestic Violence so it now includes young people under 18. Not only does the definition cover a wider…