Marilyn Stowe Blog

Archive for the court tag

Legal aid changes come into force

New legislation means fewer people now have access to free legal representation than at any time since legal aid was introduced.

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) came into force

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Bearing witness

The witness is one of the most central figures in English law: after the judge and the jury, the third member, if you like, of a kind of legal trinity.

The witness, the person who stands up in court and swears under oath that they saw a particular person

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Avoid the CSA: consider a contractual solution

All parents have a right to apply to the Child Support Agency for the assessment of child maintenance, but our clients often ask us about the interplay between the jurisdiction of the court and that of the CSA.

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How easy is it to bring your child back to the UK?

Browse expat forums, and you will discover that there are many “stuck parents”. It is sad to read that so many people now feel that they are “trapped” in a country where they do not wish to live.

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Family Procedure Rules 2010: How powerful is the court?

All this week I am examining the Family Procedure Rules 2010. Today I’m looking at case management, in particular the way in which the rules provide a fascinating insight into how the court ticks, and the vast range of orders it can make in a family law case.

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Leave to remove a child: what about the parents left behind?

Back in September, when  Lord Justice Wall gave a speech to Families Need Fathers,  his view of separation as a “serious failure of parenting” attracted headlines. I would like to draw attention to a lengthy but little reported part of his …

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"If you walk through the courtroom door, the outcome cannot be guaranteed”

I have been reading a judgement that has recently been handed down by brand new appointment to the High Court Bench, Mr Justice Mostyn. I have been eagerly looking forward to what he has to say from the Bench and I’m pleased to say he certainly …

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Divorcing a bully – and seeking an Indemnity Costs order

Suppose that you are going through a very nasty financial case in the course of your divorce. Suppose that your former spouse is behaving very badly during this process. Suppose you both know that the court is likely to make the usual costs order in …

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Divorce: how to calculate “reasonable needs” – by guest blogger Rachel Roberts

As family lawyers, we talk a lot about needs when we advise our clients. We talk of capital needs for housing, transport and to redeem liabilities and income needs to meet ongoing annual and monthly expenditure. Needs are trump cards for arguing for …

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New legal rights for grandparents?

Many grandparents are surprised to discover that they do not have automatic rights of residence or contact with their grandchildren. But could their rights be about to improve? This week it is my turn not to criticise, but to praise the Conservative …

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Children Law: Our Young Client Appears In Court – by guest blogger Eleanor Webster

 Stowe Family Law recently dealt with a complex and interesting case that has served to highlight the evolving place of children in our society, both in terms of their legal status in the eyes of the courts in England and Wales and in terms of the …

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Cafcass & Private Children Law Proceedings – by guest blogger Jennifer Hollyer

Cafcass, which stands for Children and Family Court Advisory and Support Service, was coined by the Criminal Justice and Court Services Act in April 2001. A public body, Cafcass looks after the interests of children involved in family …

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Divorce: Cast Your Anxiety Aside

A client must never think that an appearance in court or a day of settlement will provide immediate closure. A subsequent period of recuperation and rest is essential: it allows the client's mind to settle and readjust.

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Parent v Parent – by guest blogger Andrea Essen

It is tragic when a family breaks up and children are left in the middle between parents – but never more so than when the parents become so bitter towards each other, they are unable to work together for the sake of the children.  …

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Marilyn Stowe’s new book: expert advice on all aspects of divorce, for just 99p!

divorce-book

Divorce & Splitting Up by Marilyn Stowe is the essential how-to book for anyone who is getting divorced or splitting up from a partner. Read more >>

"A must buy that really opens your eyes to what is involved if you are considering or going through a divorce." - Amanda Brown

"This will answer your questions in a way that non-lawyers can understand." - Miss P.

"This really has helped me to see that there is light at the end of the tunnel and I will come out of it a stronger person." - J

Get your digital copy from Amazon >>

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Marilyn’s Thought For The Day

Wisdom is found only in truth.

- Johann Wolfgang von Goethe

Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.

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IAML

IAML

Note

All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.

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Basic Budget Worksheet - PDF

Form E Worksheet - PDF

The Process of Getting Divorced - PDF

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