Annika’s Diary # 10
Since my last Blog I have attended the Police Station on two occasions, both in and out of office hours. These visits involved an alleged offence of Theft and also a Charge. I had never attended the Police Station for a Charge before, so this was a new experience. The Charging procedure is very straightforward. You attend the Custody Suite with your client and a Police Sergeant reads the Charge to the client. The client then has an opportunity to reply to the Charge, which was read to them. The Client then signs the Charge with the use of an electronic pad. The Sergeant will outline any bail conditions and will inform the client of the date to attend Court. A copy of the Charge is then given to the client and their legal representative. The fact that a client is charged with an offence does not mean they are guilty. It means that the CPS feels they have enough evidence to take the matter to Court.
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.