A DIFFICULT FAMILY SITUATION

As a family law solicitor I am often consulted by parents, usually fathers (and so for the purposes of this article I will assume that is the situation), who are determined to continue to be a big part of their child’s life despite splitting from the child’s mother. Those fathers that I meet that find themselves in that situation are keen to spend as much time as possible with their child and would not want to ever miss an important occasion such as a Birthday, Christmas or Holidays. Those fathers are so dedicated to their child that if suitable arrangements cannot be agreed between them and their ex-partner they will engage the services of someone like myself and embark on what is sometimes a long and expensive process though the courts to ensure that they remain a constant and important part of their child’s life.

But what if the father is not like the usual father described above and does not want to spend time with, or be involved in their child’s life or perhaps does not want to be as involved as the mother would like them to be? What happens then, how can the mother force the father to be involved? How does the law work for children in that situation?

THE LEGAL STANCE

Quite frankly, it does not. There is nothing in law which can force a parent to be involved or more involved in their child’s life if they choose not to be.
The right to spend time with a parent is the child’s right, not the parents’, but if the parent does not want to spend time with their child then that child’s right is lost. How can the court or anyone else force a parent to spend time with their child? Simply, they can not. Sadly, if a parent decides that they do not want to be involved in their child’s life or does not want to spend regular, quality time with their child there is no way to force them to do so.

A child has a right to spend time with both parents and if one parent is trying to prevent the other from spending time with the child then that parent would be able to rely on the law to determine whether or not it is in the child’s best interest to spend time with them. The importance of children having relationships with each parent following separation was reinforced by the Children and Families Act 2014. The court can, upon application of a parent, make orders relating to the living arrangements of a child and when, where and by what means that child will spend time with the other parent.

The frequency and amount of time a child will spend with each parent will differ from family to family. There is no formula to calculate what amount of time is suitable and there is no precedent as to what a child arrangements order will look like, it will depend on the individual family and their circumstances. Equally, there is no legal definition as to what would amount to a reasonable amount of time. Some parents spend an equal amount of time with their child, some parents split their time between weekdays and weekends or every other weekends. There is no right or wrong, it is whatever works best for the child.

MORE INFORMATION

If you are in this difficult position, Pinney Talfourd are here to help. We have a large experienced and dedicated team of specialist family lawyers and we would be happy to help you through this difficult time. We can offer late appointments from Monday to Thursday in each of our offices in Upminster, Hornchurch and Brentwood and your initial 30 minute consultation will be free.

Resolution is a community of family law professionals who subscribe to a Code of Practice to assist working with families and individuals to resolve issues in a constructive way.

The family team at Pinney Talfourd are all proud to be members of Resolution and subscribe to their Code of Practice which has recently been revised.

The ethos of the Code is to encourage families to deal with their issues without conflict or confrontation, to support and encourage them to put forward the best interests of their children first, to act with honesty, integrity and objectivity and to strive to resolve matters so far as it is possible to do so without the need to apply to Court.

A full copy of the Code of Practice can be seen here: http://www.resolution.org.uk/site_content_files/files/code_of_practice_full_version_web.pdf 

As part of the campaign, Resolution will be attending Parliament to lobby for a change in the law to include ‘no fault’ divorce and improving the rights of cohabiting couples.

It is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.

You always know Christmas is around the corner when the shops start selling cards and gifts, lights go up in offices and shops - even though it is only the second week of November!

If your child or children live with their your ex spouse or ex partner, then it is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.

It’s a good idea to try and share the time equally and alternate from year to year, especially when your children are young, so that as the years go by, you can both enjoy the experience of waking up on Christmas morning and opening their presents with them. It will always be best for your child or children if you can agree this without the need for the Court to get involved.

However, if you cannot agree on a schedule of time that your child or children will spend with each of you, you may need to apply to Court for an Order, which is now called a Child Arrangement Order (we no longer use the phrases ‘access’, ‘contact’, ‘custody’ or ‘residence’ when talking about children), though save in limited circumstances you must at least try and reach an agreement through mediation otherwise you will not be able to apply to the Court for a Judge to sort things out.

When a financial settlement is reached in divorce proceedings it is important that this is recorded within a consent order. This will ensure that all claims that both parties can make against the other are fully resolved and the terms are embodied within the consent order. Once approved and sealed by the court they become enforceable upon Decree Absolute (final decree) being granted.

Therefore if one party refuses to comply with the implementation of the order the other party can apply to the court to seek enforcement and the application can include asking the court to make an order for costs against the offending party.

It is therefore beneficial to both parties that a consent order, to reflect all terms of a full and final settlement, is put in place before Decree Absolute is granted.

Without this neither party are protected. Either party could apply to the court for a further order in relation to the matrimonial finances even if the parties have already agreed to the division of net proceeds of sale or a transfer of the marital home to the other party.

More Information 

Currently in England both men and women, or shall we say girls and boys, can marry at the age of 16, with their parent’s consent. Many will say this is far too young to marry with or without the consent of a parent. Quite often, young people who marry at the age of 16 miss out on educational opportunities, particularly where they reach the age of 16 before finishing secondary education, in those cases some do not even finish the school year and take their GCSE’s.

There is a private members Bill currently going through parliament to raise the age of consent to marry or enter into a civil partnership, for both men and women, to 18 years old.

The Marriage and Civil Partnership (Minimum Age) Bill received its second reading in the House of Lords on Friday 21st October 2016. At this stage there will have been a general debate on all aspects of the Bill. The date for the next stage, the committee stage, at which there will be a line by line reading and examination of the Bill, is yet to be announced.

This Bill was introduced to parliament by Baroness Tonge and concentrates on the problems in marriages of young persons between the ages of 16-18. The Bill also seeks to create an offence of causing a person under the age of 18 to enter into a marriage or civil partnership, which is in line with The Anti-social Behaviour, Crime and Policing Act 2014 which made forced marriage a criminal offence.

It is hoped that the Bill will assist in preventing forced marriages, particularly in circumstances where young people marry between the ages of 16-18 with their parent’s encouragement and, so as to not disappoint their family, these young people go along with the marriage consensually regardless of their own wishes/feelings. If this Bill is passed, these marriages will be no more.

Kim Huggins created her own charity event to raise money for Pinney Talfourd's Charity of the Year MNDA (South Essex Branch) along with Bloodwise (a blood cancer charity – formerly Leukaemia and Lymphoma Research).

The challenge commenced mid August at her local Nuffield Health Gym. Her son, Ciaran, agreed to join her in the challenge. He already swims competitively for Chelmsford City Swimming Club, so she already knew he would have the stamina to complete the challenge – it was Kim that we were concerned about!

The first few days of 117 lengths per day were tiring and a few toe cramps resulted in a few unplanned interludes, however they persevered and it became a little easier day by day.

Due to illness and injury the swim did not go as smoothly as anticipated. A change of tactic meant that the swim was spaced over a longer period rather than the initial plan to swim on 22 consecutive days.

The lifeguards and staff were very accommodating and supportive and there was even interest and sponsorship from some of the members, which was wonderful.

Two weeks in and to add a bit of variety to the swim they headed for the Olympic Pool, Stratford. Swimming in the shadows of greatness, Ciaran tuned into his inner Phelps and Kim into her inner Addlington. Hours were spent pounding up and down, and despite being a lengthy 50 metre pool, it was actually quite comfortable.

Returning to the normal (much smaller) pool after this seemed like a luxury but a few sessions of 300 lengths at a time soon shocked their bodies back in to reality. Being spurred on by the encroaching car parking time expiry, they pushed through and got the job done, with legs like jelly as their prize.

Finishing the last of the lengths in early October was a significant moment and one which Kim is exceptionally proud of. The constant waft of chlorine and straw like hair, the wrinkled skin and toe cramps and ravenous hunger that swimming creates, was completely worth it.
Would she have managed on my own? "I doubt it. Having my son by my side, lapping me with ease, kept me going. 'come on mum, its for a good cause' was all I needed to hear to keep focused and get the job done." Kim said.

Funds raised so far

Donations

If you would like to find out more about Kim Huggins and her charity work please call 01277 246836 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are delighted to announce that the Personal Injury Department at Pinney Talfourd has been ranked as one of the leading personal injury teams in Essex by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. We are the only Legal 500 recognised personal injury firm in Havering and in Brentwood.

Stephen Green is a Partner and leads our personal injury team. Stephen is a specialist personal injury solicitor with many years of experience. His particular strengths include industrial disease claims and claims resulting major road traffic accidents. The 2016 edition of Legal 500 specifically notes one of his more complex cases: ‘Acted for a Claimant making a dependency claim arising from the death of her partner from mesothelioma due to occupational asbestos exposure. Claim settled at the top end of a six figure sum”.

Stephen has written a case study on this case (link to ‘when a personal injury settlement is final’) and has worked in association with Mesothelioma UK to set up a support group for sufferers of asbestos related disease in Essex.

Stephen is a member of the Law Society Personal Injury Panel and the Association of Personal Injury Lawyers (APIL). He is also an APIL Accredited Fellow. He is also a member of Solicitors Association of Higher Court Advocates.

We are delighted to announce that the Clinical Negligence Department at Pinney Talfourd has been ranked as one of the leading teams in Essex by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. We are the only Legal 500 recognised clinical negligence firm in Havering and in Brentwood.

Kim Huggins leads our clinical negligence team. Kim is a specialist clinical negligence solicitor with many years of experience in this area. The 2016 edition of Legal 500 specifically notes one of her more complex cases: ‘A negligent hip replacement including extension of limitation by standstill agreement. Advice given in relation to causation and damages. Expected value circa. £500,000.’

The team includes members of UKABIF (The United Kingdom Acquired Brain Injury Forum) and APIL (Association of Personal Injury Lawyers). Pinney Talfourd is a corporate sponsor of Headway and the Spinal Injuries Association and an active supporter and contributor to the local divisions of Headway, HADS (Havering Association for People with Disabilities) and SNAP (Special Needs and Parents).

FIND OUT MORE

If you would like to discuss a potential claim with our Clinical Negligence team please call Kim Huggins on 01277 246836 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

We are delighted to announce that our Commercial Department has been recommended yet again by Legal 500 UK 2016 in the following rankings:

• Corporate Commercial
• Commercial Property

Legal 500 UK praised Partner and Head of Department Julien Pritchard, saying his team “gets the job done efficiently, no matter how complicated.’”

They highlighted a number of notable cases including:

• Dismantling of a RITA scheme with complex SDLT issues, application of reliefs and multiple transfers with a value in excess of £30million.
• Private equity purchase of £11 million commercial property and related landlord and tenant advice.
• Corporate restructure of a significant and established local business including partnership to company transfer, sale of a commercial property and refinancing.
• Advising in relation to the acquisition of a service provider including advice in relation to warranties, indemnities and employment related issues. Consideration payable for shares was circa £3million.
• Advising in relation to the acquisition of an underwriting agency including consultation with the Takeover Panel, deferred payments, earn-out and employment related issues.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers in the UK.

Legal 500 UK announced their 2016 rankings in September and we are delighted to announce that our Dispute Resolution Department has been recommended in the following rankings:

• Commercial litigation
• Debt recovery
• Property litigation

Stephen Eccles heads up the Department and is recommended as a “leading individual” and ‘knowledgeable and efficient’. Legal 500 said the debt recovery team was “responsive and commercial”.

Legal 500 highlighted a number of notable cases including:

• Court of Appeal case involving a procurement contract and in particular breach of contract and the Unfair Contract Terms Act 1977.
• Advising a well known retailer in relation to planning, development and break clauses relating to their warehouse facility. Value circa £10million.
• Advising in relation to the development of premises as a hotel including advice upon rescission, breach of an agreement to lease, damages and specific performance.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

More information

If you would like a member of our team to advise you on any business or personal dispute please contact our Dispute Resolution Department on 01708 229444 (Upminster or Hornchurch), 01277 211755 (Brentwood office) or 01702 418433 (Leigh-on-Sea). 

We are delighted to announce that our Employment Department has been recommended yet again by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Legal 500 noted in the rankings that “Pinney Talfourd’s ‘team of specialists’ includes the efficient and knowledgeable’ Alex Pearce. It is noted for its ‘sound and practical advice.’”

Notable cases include ‘acting for a record label regarding the employment aspects on the sale of the share capital to an international group of music companies and a hive out agreement of the merchandising and live events.’

Alex Pearce is a member of the Employment Lawyers Association.

We are delighted to announce that the Family Law Department are now ranked as Tier 2 firm by Legal 500 UK 2016. 

Leading firm in brentwood and havering

This means that we are now the leading firm in our local boroughs of Havering and Brentwood, beating stiff competition from other firms in Romford and Brentwood.

Our team includes members of the Law Society’s Family Panel and Advanced Family Panel, accredited Resolution specialists and Collaborative Family Lawyers.

Legal 500 UK writes “Catherine Polli and Sebastian Burrows at Pinney Talfourd LLP are singled out as being ‘excellent, intelligent and thoughtful solicitors’.”

notable cases

• Court of Appeal Children Act proceedings for leave to remove from the jurisdiction
• High Court case reported in the nationl press. Successful application was made to rescind the Decree Nisi upon the basis of bigamy
• Financial Remedy Proceedings involving assets circa £10million involving company valuations.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

We are delighted to announce that our Wills, Tax, Trusts and Probate Department are recommended yet again by Legal 500 UK 2016.

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Growing team

Matthew Edwards’ team is in demand due to it's outstanding reputation and solicitors Christopher Dickinson and Nicholas Conway have recently joined the popular team.

Christopher is based in Hornchurch whilst Nicholas is based in the Brentwood’s new office on Ongar Road.

The team regularly offer presentations and free advice sessions to the local community and Matthew Edwards is a member of the Court of Protection Deputyship Panel, one of only 68 in the country. All members of the team are members of STEP.

Pinney Talfourd LLP Solicitors was recommended in an outstanding ten categories when the Legal 500 UK 2016 results were published on Wednesday, beating stiff competition from other local firms. 

These lists are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK. Pinney Talfourd is now recommended for excellence in the South East region for:

The Legal 500 rankings are carefully selected after rigorous assessment and provide a guide to the top legal providers across the UK.

Our 2016 rankings

• Family
• Personal Tax, Trusts & Probate
• Personal Injury (Claimant)
• Clinical Negligence (Claimant)
• Employment
• Corporate and Commercial
• Commercial Property
• Commercial Litigation
• Property Litigation
• Debt Recovery

Individual recommendations

Julien Pritchard and his team were noted in the Corporate and Commercial rankings as a team that “gets the job done efficiently, no matter how complicated“.

Stephen Eccles was recommended numerous times for his excellent work in commercial litigation and debt recovery. “The knowledgeable and efficient Stephen Eccles is recommended”. They also noted he had a "responsive and commercial team".