Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK

Children & Families Act 2014

It used to be custody and access.  Then it became residence and contact.   Now it is Child Arrangement Orders.  So now that is what you apply for, rather than a Residence or Contact Order.   This is designed to demonstrate that residence and contact are perceived as unequal, although shared residence was always be a possibility.   It is only semantics however and the bias and prejudices remains.  There is a presumption of parental involvement and strict controls on the use of expert evidence in children cases.   Expert advice should be taken at an early stage.   At

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Family Law, Divorce – Child Contact and why London is best

    The expression “family law” covers divorce, adoption, property settlements and children.  Court hearings determine who lives where, who gets what financially and how the children’s future is planned and arranged.  If you have a child and you are not married to the parent you can get a Court Order which can go beyond Child Support Agency (CSA) awards for specific items. The Court will help you if there has been violence or threats, verbal abuse or with cohabitation rights. The Children Act 1989 governs aspects in relation to residence with contact to and money for children. Parental Responsibility

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Bankruptcy debt and demands

If you cannot pay your debts you may go bankrupt or be made bankrupt.  This is following the service of you of a statutory demand for your bankruptcy or an unsatisfied judgment followed by a sheriff attempting to seize your goods. If you go bankrupt the official receiver takes over.  It is important that you are completely truthful with him and not to is a criminal offence.  If you are in difficulty with bankruptcy then look at www.gov.uk/bankruptcy or www.nationaldebtline.org or www.stepchange.org. If you are served with a statutory demand you can apply to have it set aside if you

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Reverting to a Maiden Name

There is nothing in law that says you cannot use your maiden name any time you like before or after the marriage. The best way of doing this is to sign a Deed Poll which can be done via the internet or a legal fee of little more than £100, from a fixed fee, legal supplier. Copies are then sent to your bank passport office driving licence credit cards etc. It does not have to be registered anywhere. Experience shows that the most efficient and experienced fixed fee solicitors and lawyers are in London, despite extra overheads. We would be

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Bitcoin and Blue Pencil Rule

  Bitcoin An excellent article in the Solicitors Journal on 25 November 2014 (www.solicitorjournal.com) called “Getting your head around Bitcoin” is well worth a read. Bitcoin allows money to be sent as data/information with no third party involvement. It is therefore different from Paypal or e money.  There is no authority, or third-party between the sender and recipient. There are obviously huge regulatory and other concerns, but the concept is massive and growing. Bitcoin can be used as a currency or for savings. Any small or medium sized business must get to grips with Bitcoin urgently.  This is particularly in

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Intestacy and Sharia wills

Intestacy (which means you die without making a will) Where the deceased leaves no children, the residuary estate will pass to the deceased’s spouse/civil partner absolutely. Where there are children, the surviving spouse or civil partner will take half of the residue absolutely instead of, as previously, taking a life interest in half. The definition of personal chattels is amended to cover all tangible moveable property except for : • property which consists of money or security for money, or • property that, at the death of the intestate, was used solely or mainly for business purposes or was held

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Equality for mums and dads alike and employing staff at home

Equality for mums and dads alike This article in the FT 28 November 2014 (www.ft.com) is well worth a look. The right to request flexible working, formerly reserved for parents and carers, has been extended to all employees. There are eight reasons the employer can give for rejecting a flexible working. Employers need to think about the new regime and whether they will pay shared parental pay in line with their current maternity pay policy. If you have unemployment expert legal advice is essential as an early stage.   Employing staff at home. Have a look at the Financial Times

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Never Too late to get help

If you have a benefit fraud problem or court summons, take expert legal advice early. Nevertheless it is never too late, as the success story in the link below will take you http://m.northamptonchron.co.uk/news/crime/mum-from-northamptonshire-who-falsely-claimed-90-000-worth-of-benefits-avoids-jail-1-6394937

Business at Christmas – employing staff and electronic signatures

Taking the seasonal strain This article in the FT 28 November 2014 www.ft.com is well worth a look. Zero hour contracts are a hot political potato, but within the firmament they are still established and legal way of proceeding to employ There is flexibility for both sides and they can cover seasonal peaks just like Christmas Overtime does not need to be paid at an enhanced rate. An alternative approach is a fixed-term contract where you can contract with staff for a set time. All workers, however, are entitled to statutory holiday pay although zero hours employees have fewer rights.

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Glossary of terms

    Adjourn -a pause in court proceedings, or to put off the Hearing of a case to a later time or date. Admissible -describes what evidence, that is live verbal testimony and documents may be given or referred to in court proceedings. Affirmation – if you have no religious belief you wish to be asked before you give evidence to promise to tell the truth. Allegation –an assertion or statement that someone has done something that has not yet been proven, which must be, as part of the proceedings. Appeal -the process of asking a higher court to reconsider your

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