Duncan Lewis

Dalston Office


Duncan Lewis

Harrow Office


Duncan Lewis

Shepherds Bush Office


Duncan Lewis

Tooting Office


Duncan Lewis

Lewisham Office


FeedWind

Duncan Lewis

Family Law

know matters can be both

highly sensitive and confusing

 

 

Duncan Lewis:Although not many people like to dwell unduly on the subject of death and the hereafter, it is crucially important in the workaday world that we make provision regarding the distribution of our assets and the care of our loved ones before we die, so that our possessions are distributed in accordance with our wishes.

It is a common misconception that making a will is only necessary for the very wealthy, but such is not the case at all. If you have not written a will, then you are said to have died ‘intestate’ and there will be special provision in the law regarding how your assets, no matter how humble they may be, will be distributed. This may not be in accordance with how you would have wished things to be. Unless you specifically mention it in your will, for example, a partner y

 

 

 

Duncan Lewis:McKenzie friends are supplied through the network of volunteers run by FNF (Families Need Fathers), and the name is derived from the McKenzie vs. McKenzie case in 1970, and has its origins in common law.

‘McKenzie friend’ is a term now formally incorporated into legal guidance and statutory instruments to denote people who assist litigants through the litigation process in person, assisting them in such matters as completing forms, preparing statement and strategies and going with them to court.

The majority of volunteers who traditionally assist with this type of work may simply not have the time to be as effective as they would like to be, and other dubious characters often step in, often for a fee, and offer comprehensive litigation support and even undertaking legal

 

 

 

Duncan Lewis:You or your spouse may initiate the legal proceedings for divorce as long as you have been married for at least a year. The aim of these proceedings will be to prove through filing a court petition that the marriage has collapsed and is beyond repair.

The ways in which the marriage could have collapsed boil down to adultery; unreasonable behaviour by one of the parties; a separation of two years or more and mutual agreement to divorce; or desertion by one of the partners.
Three-quarters of the people seeking a divorce cite unreasonable behaviour or adultery as the reason, probably in large part because the couple does not need to have been separated for two or more years under these circumstances.
As long as the presiding judge is satisfied that he or she has sufficient

 

 

 

Duncan Lewis:It is a fact of life that parents can cause their children some mild upset at times, and mutual low-level antagonism is all a part of the process of growing up. But when parents lose control the child can suffer serious harm, and the term ‘abuse’ is used in law to refer to this. The term ‘significant harm’ is cited in the 1989 Children Act in connection with legal boundaries having been overstepped, prompting the need for official intervention by Social Services.
Significant harm takes a range of forms, such as the dispensation of excessive punishment, shaking or hitting, constant rejection, sexual interference or neglect in any of its forms; the full list is available from any competent family solicitors.
It is usually the case that children suffer abuse not from strangers but f

 

 

 

Duncan Lewis:Both employees and employers are increasingly realising the benefits of flexible working; it makes good business sense for employers to assist employees by providing flexible hours and reaping the benefits in terms of increased productivity on the part of a contented employee. As most successful business owners can tell you, a happy company is a productive company.

In some circumstances, employees have the right to flexible working hours, at least temporarily, and employment solicitors will be able to advise you on your legal position in this respect. A solicitor such as Duncan Lewis will have a considerable amount of experience dealing with employment law cases in this as well as other areas.

When you adopt a working pattern that suits your individual needs, this wi

 

 

 

Duncan Lewis:If your child has been taken abroad and this has been done without you having given your consent, or if you have reason to believe that the child has been abducted, the first step is to contact the local police.

There are three main types of child abduction. Straightforward abduction occurs when the child is taken abroad by one parent without the consent of the other parent, and under UK law this could be a criminal offence. When there has been a trip overseas by both parents with the child and that child has been kept there after the conclusion of the trip, this is referred to as wrongful retention. When there are clear indications that the child is at risk of being taken abroad, this is a case of threat of abduction.

The 1980 Hague Convention was signed by a number

 

 

 

The issue of Child Abduction has become an ever more increasing worry for parents and children alike over recent times. As a result England and Wales have entered into numerous agreements to safeguard the rights of the non-abducting parent and the children. These have been formalised into what are known as The Hague Convention, the European Convention and the Revised Brussels II Regulation. All three of these are based on a system of Central Authorities which handle all Child Abduction cases under these three systems. The Central Authority for England and Wales is located in the Office of the Official Solicitor and Public Trustee and is called the International Child Abduction and Contact Unit (ICACU).

The area of Child Abduction is too vast for the remit of this article and therefore I shall concentrate solely on the practical aspects of The Hague Convention and the basic steps a parent who faces the prospect of their child being abducted needs to arm themselves with. A list of the countries who a signatories to the Hague Convention can be found here.

Child Abduction cases come in 2 different types which vary procedurally and can involve either a child removed from England & Wales or a child removed from another country party to the Convention to England & Wales.



Incoming cases



A parent or an individual who holds rights of custody can make an application for the return of the child directly to the Central Authority of the country in which the child was previously located. This application is then forwarded to the Central Authority of England & Wales who will then assess and forward the application to one of a select few specialist solicitors who will then represent the applicant parent throughout the proceedings.

The solicitor will then attend the High Court in London to obtain orders to protect the child immediately after the proceedings start and if necessary to locate the children’s whereabouts if they are unknown.

Parents concerned with the costs of such an application can put their minds at ease in the knowledge that non-means tested (free) legal aid is available to applicants seeking the return of a child under the Hague Convention. Therefore, there will be no costs involved for the Applicant parent throughout the proceedings save as to the possible costs of attending the final hearing in London. However, even this cost may be covered by the parent’s legal aid and parents are advised to raise this issue with their appointed solicitor at the earliest opportunity.



Outgoing cases



Outgoing cases involve children who have been abducted or retained (not returned to England & Wales) outside of England & Wales in a country which is party to the Hague Convention. In these cases the parent seeking a return must immediately contact a solicitor or the Central Authority of England & Wales and complete an application for the return of the child. The application is then forwarded onto the Central Authority of the country where the child has been abducted or retained in. The Central Authority of that country will then deal with the matter in whichever manner they have put in place to comply with their Hague Convention obligations. In an outgoing case the Central Authority of England & Wales will keep the Applicant parent up to date and assist them in any way that they can. It should however, be borne in mind that the Central Authority of England & Wales cannot force another country to deal with the matter in a specific manner but can press to ensure a swift resolution of matters.

Although legal aid in a foreign country will depend on the systems of that country the costs involved in advising and assisting a parent in making the application to the Central Authority can be covered by legal aid. However, parents are encouraged to speak to the solicitor and/or the Central Authority of England & Wales as to whether legal aid is available in the foreign country, as each country has varying provisions.



Conclusion



With the ever increasing number of cases of child abduction, both within the borders of Europe and beyond, parents can rest more easily following the implementation of The Hague Convention. Legal provisions are now in place to combat this ever increasing pseudo-criminal behaviour and are in most cases effective in providing legal and practical assistance to those parents and children wronged by the actions of other parent’s unilateral actions.

However, parents are reminded that even within the provisions of the Hague Convention both parents are encouraged to attempt a resolution of disputes through mediation or agreement. Both the Central Authorities involved and the legal representatives will work towards achieving the swift return of any child wrongfully removed or retained either through agreement or more draconian Court proceedings.

Should you have any suspicions that your child may be abducted or has already been abducted, it is imperative that you act swiftly in contacting a lawyer or the relevant Central Authority. The early stages of any Child Abduction are the most vital and should the abducting parent have the opportunity to avoid detection in the initial stages of the abduction it may prove near impossible to locate the child at a later stage. For more information or assistance please contact our specialist team to assist you. The Central Authority for England and Wales details child abduction in more detail. It also has a referral list of specialist solicitors who are able to assist in these matters. Duncan Lewis is mentioned in this list.


 

 

 

The New Consumer Credit (EU Directive) Regulations 2010 The New Consumer Credit (EU Directive) Regulations 2010 was drafted in March 2010 and incorporated the Consumer Credit Directive 2008/48/EC

It is anticipated that this new directive will effect a change in the amount of consumers getting themselves into trouble with repayments of credit. Importantly, for the creditors at least, this could mean that they are more likely to see a return of the monies agreed to be paid when forming the agreement. The new regime will deter and at the same time prevent consumers from "over committing themselves beyond their ability to re-pay".

The Department for Business, Innovation and Skills has decided that there will be a transitional period and any new agreements entered into after 31 January 2011 must comply with the new requirements.

The major changes brought by the Consumer Credit directive are:

• Creditors must provide full explanations on the nature of credit being offered to the consumer; A duty for lenders to provide adequate explanations to consumers about the credit on offer to enable them to decide whether it is suited to their needs and circumstances. (Regulation 3 and 4 of the Directive).
• Consumers given the right of cancellation within 14 days of agreeing; the consumer has the right to withdraw from a credit agreement within 14 days without giving any reason. This replaces the current more limited right to cancel some types of agreements in certain circumstances. (Regulation 13 of the Directive).
• "Courtesy provision" that is to inform consumers when their debt has been sold; if a debt is assigned, the consumer must be informed of this by either the lender who buys the debt or the lender who sold the debt. (Regulation 36 of the Directive).
• Creditors to check "creditworthiness" of the potential debtor. An obligation for lenders to assess the creditworthiness of consumers before concluding a credit agreement or increasing the amount of credit available under an existing agreement. Lenders can decide how to assess creditworthiness, but are required to base their assessment on information obtained from the consumer, where appropriate and from a credit reference agency, where this is necessary. (Regulation 5 of the Directive).
• Refusal of credit. If an application is refused on the basis of information from a credit reference agency, the lender must inform the creditor of this when it declines the credit. (Regulation 40 of the Directive).
• Right to repay early. The consumer has the right to repay an agreement early in part and to receive a reduction in the total cost of the agreement as a result. The existing legal framework for full early repayment has been retained and extended to cover partial early repayment. (Regulation 29-34, 59-62 and 77-84 of the Directive).
• Right to terminate. The consumer has the right to terminate an open-end credit agreement at any time unless the parties have agreed that a period of notice not exceeding one month should be given. The lender can also terminate subject to given the consumer at least two months’ written notice. The lender can also terminate or suspend the consumer’s right to draw down an open-end credit agreement provided they give objectively justified reasons for doing so. (Regulation 37-38 of the Directive)


 

 

 

In difficult times when you need trusted advice, Duncan Lewis experienced Family Team can provide expert legal assistance. Many of the family team at Duncan Lewis are Family Panel and Children Panel members. This means they are specialists in Family and Child Care law and specialise in the highly specialist areas of family and childcare law.

Family proceedings are sensitive, especially when children are involved. Duncan Lewis actively provides solutions that reduce pressure on those involved. The family team at Duncan Lewis are able to provide confidential and sympathetic advice with regards to your family related legal problems.

Duncan Lewis family team specialise in many areas of family law, including;

Domestic Violence



Duncan Lewis family solicitors place a high priority in helping victims of domestic violence. In times of emergency, we can offer same day appointments and can assist with:

• Contacting groups offering support Injunctions (Non-Molestation Orders)
• Dealing with the occupancy of the family home (Occupation Orders)
• Enforcement
• Powers of Arrest

Divorce & Separation



Duncan Lewis’ family team can guide you through all aspects of your divorce. Our family team can help you with future financial arrangements, dealing with:

• Arrangements for children following a divorce or separation
• Contested divorce proceedings
• Nullity & Judicial Separation
• Uncontested divorce proceedings

Finance and Property



Following a divorce, there are often complex issues that need direct action. Duncan Lewis’ family team are able to help with:
• Adoption
• Child maintenance (both married and unmarried couples)
• Contact & Residence Orders
• Financial matters arising from the dissolution of marriage /nullity or judicial separation (Ancillary Relief)
International issues Private Law
• Parental Responsibility
Pensions
• Pre-nuptial agreements
Prohibited Steps Orders
• Property disputes for unmarried families
Specific Issues Orders

Duncan Lewis has offices in and around London. All of our offices are listed below:

Duncan Lewis – Clapham Junction
Duncan Lewis – Dalston
Duncan Lewis – Harrow
Duncan Lewis – New Cross
Duncan Lewis – Romford
Duncan Lewis – Shepherds Bush

If you need any family advice, contact Duncan Lewis now.

 

 

 

We are one of London's fastest growing firms of solicitors, with six offices in and around London. We deal in a wide range of legal services that caters for clients on a public funding or private fee basis. Duncan Lewis is privileged to have several franchises from the Legal Services Commission.

We look to recruit dedicated and talented employees in both legal and non-legal capacities, and we are always interested to receive applications from quality candidates, whether experienced or novice. If you can demonstrate a strong commitment to the areas of law provided by the firm, and you are keen to build a career with us, please email your details and CV to recruitment@duncanlewis.com, or telephone and ask to speak with the Recruitment Coordinator.


Job Description:



Duncan Lewis Solicitors remains one of the most successful legal firms in the South East. We are LEXCEL, Gold IIP accredited and a LSC Category 1 firm, with franchises in 9 areas of law, employing 400 staff with established offices in Clapham Junction, Hackney, Harrow, Lewisham and Shepherds Bush. We are currently authorised to register 68 training contracts with the Law Society.

We are currently seeking to recruit Family/Child Care Caseworkers/Paralegals across all offices.

The successful candidates will have a minimum 2:1 degree and completed the LPC with Family Law as one of the modules; 6 months prior experience in a public funded Family and Child Care area of law and is able to demonstrate their knowledge and understanding of the legal framework during the interview process.

We take high pride in our commitment to Equal opportunities and Diversity (the diversity of the communities we represent to reflect at all levels within our workforce).

We are positive about discrimination and guarantee an interview for candidates who declare a disability and meet the essential requirements for the post. Please Contact us for further information.

Deadline for all applications are 29 October 2010, at 5 p.m. Any applications submitted after this time may not be considered.

If interested please submit your CV and cover letter by email to: recruitment@duncanlewis.com
CV’s submitted by agencies will not be accepted.

Key Skills Required:


Must have a minimum 2:1 Degree and completed LPC with Family Law as a Module.

Office:


All Offices

Salary:


Competetive

Job Type:


Permanent

 

 

 

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