The short answer is “Yes” and these are the reasons why;-

• It is Free of Charge. If you are arrested you should ask for Paul J Watson Solicitor to be contacted. This service is free of charge to everyone and is not means tested.

• It is your right to have free and independent legal advice before answering any questions from the police. This is in accordance with the rights guaranteed by European Convention on Human Rights.

• Anything that you discuss with one of our solicitors is confidential.

• When your solicitor arrives at the police station they look at the custody record to ensure that you have not been mistreated by the police. From the moment you were arrested, we will endeavour to ensure that you are treated properly by the police until you are released.

• The only way of ensuring that you are dealt with fairly and correctly by the police is by using a solicitor.

• In order to know your full rights whilst at a police station, it is best to use a solicitor.

• If you ask for a solicitor, the police have to provide that solicitor with the full details of any allegations against you. We can then tell you this information before the interview, making sure that you are fully prepared prior to the interview taking place. The solicitor will also advise on the best course of action for you to take during that interview, such as whether or not you should answer the police questions.

• A solicitor can stop the interview at any time if, for example the police are unduly pressurising you, or in order to provide you with further legal advice.

• Being arrested can be a daunting experience for anyone. By taking up the opportunity of having a solicitor, you will be advised of each step of the procedure, and what is likely to happen with you, whether it be a charge, bail or no further action. Having this understanding will go some way to putting you more at ease.

• Police may attempt to persuade you not to use a solicitor/legal representative. This is only because not having a solicitor present may be better for the police. It is certainly not better for you to go ahead with the interview without obtaining assistance from a solicitor.

• Police often say that you will be released from the police station quicker without a solicitor. This simply is not the case; “Research has found that the police sometimes use the prospect of further delay to persuade a suspect to agree to being interviewed without having received the advice the suspect initially wanted.” (Defending Suspects at Police Stations, the practitioner`s guide to advice and representation, sixth edition, 2011, Ed Cape)

• Our Solicitors are in easy reach of any of the police stations in the North East and can be with you quickly.

• At Paul J Watson Solicitor, we have a wealth of knowledge and experience of representing clients at the police station.

• We will be able to continue to act for you if your matter continues after the police station. We can represent you at the magistrates court and the crown court and provide you with further advice and assistance until your matter has been concluded.

Contact us on call us for free advice on 01642 293427 or 07949 186589

If a judge has ordered you to so something within Children Act proceedings, this is often called a Contact Activity Order. This Order can cover issues such as attending a parenting course or attending family mediation.

One particular area that the Middlesbrough Judges are focusing on at present is the need for parents to attend a ‘Separated Parenting Information Programme’ (also known as a PIP or a SPIP). This course is designed for parents to understand the impact a relationship breakdown can have on a child and to help parents realise that even though they are not together, a child still needs two parents who can communicate with each other.

You are not expected to attend the course together; you would attend separately. You will attend two sessions, lasting about two hours. The judge will ask for confirmation that you have attended and if you do not attend, you could be found to be in contempt of court. This is a punishable offence and will not help you with your case.

If you would like legal advice or help with your family case, please contact our Family Solicitor, Stacey Phoenix.

So the 1st April 2013 has brought major changes to welfare and benefits and your entitlement to legal aid – but what does this actually mean to you?

What is legal aid?

Legal aid helps pay for the cost of legal advice for people who cannot afford it. It funds solicitors and agencies to advise people on their legal problems, such as eviction, debt and family breakdown and, if necessary, to represent them in court.

In respect of family law cases, legal aid was previously available for divorce, financial matters, child protection, domestic violence, contact, residence and other children disputes. This has now changed.

What are the changes to legal aid?

From 1st April 2013, the Legal Services Commission (the governing body of legal aid) became known as the Legal Aid Agency.

The Government has made major changes regarding when legal aid will be available. Legal Aid funding is now only available for cases that involve domestic violence or child protection issues. Anyone applying for legal aid funding is required to provide specific evidence of domestic violence or child abuse to be able to make an application for funding. This evidence must be obtained in every case or legal aid will not be granted.

The evidence can include, but is not exhaustive of, the following;-

1. Evidence of an injunction or criminal charge;
2. A letter from a doctor or medical evidence;
3. Evidence from a social worker of child protection concerns;
4. Evidence of placement of a person in a refuge due to domestic violence.

There has also been changes to a person’s means benefit testing. Even if you were previously been entitled to legal aid, you may require reassessment of your means to see whether this is still the case.

Which cases can I get legal aid for?

These types of cases are still included in the legal aid scheme;-

• Family Law cases involving domestic violence, forced marriage or child abduction;
• Mental Health cases;
• All Asylum cases;
• Debt and housing matters where someone’s home is at immediate risk.

Which cases can’t I get legal aid for?

The Government has removed funding from entire areas of civil law, as follows;-

• Private family law, such as divorce and custody battles;
• Personal injury and some clinical negligence cases;
• Some employment and education law;
• Immigration where the person is not detained;
• Some debt, housing and benefit issues.

The law sets out clear rules for what happens to your estate – property, personal possessions and cash – if you die without a Will. Passing away without a Will is known in legal terms as dying intestate and the rules that govern the distribution of the estate in such circumstances is known as the law of intestacy.

Under the Administration of Estates Act 1925, the spouse and children do not automatically receive everything in the deceased’s estate. Invariably the surviving spouse is treated harshly because the survivor’s entitlement is limited to a sum of ?250,000 (plus personal effects), with a limited interest in half of the balance which remains after that.

If there are no children but surviving siblings or parent, then the surviving spouse or civil partner takes a sum of ?450,000 and one half of the balance, with other relatives taking the other half. The surviving spouse or civil partner can only take the whole estate if there are no surviving children, siblings or parents.

We can offer professional advice on how to secure the correct disposal of your estate to ensure your last wishes are respected and your chosen beneficiaries are looked after.

If you would like to find out more about Will planning or would like to instruct one of our solicitors to start the process of producing a Will for you, please contact us and we would be happy to assist you and advise as necessary.

Preparing Wills;-

• Our charges for preparing a single standard Will for a person under the age of 60 years would be ?100.00 plus VAT of ?20.00, making a total of ?120.00.

• Our professional charges in connection with preparing two standard mirror or mutual Wills would be ?150.00 plus VAT of ?30.00, making a total of ?180.00.

• Our professional charges in connection with preparing a single standard Will for a person over 60 would be at a reduced fee of ?75.00, plus VAT of ?15.00, making a total of ?90.00.

• Our professional charges in connection with preparing two standard mirror or mutual Wills for persons over 60 years would be a reduced fee of ?125.00, plus VAT of ?25.00, making a total of ?150.00.

If the required Will is unusually complex, this will be charged at an increased fee, which we would discuss with you. Our fee would depend upon the level of complexity of the Will.

If you’ve made your Will some years ago, it might be time to review it, especially after a change to your personal circumstances such as marriage, divorce, a house move or a new addition to the family. A change to your financial situation, an increase in your property value and even new tax laws or legislation can also make an update to your Will necessary.

A valid Will is vital if you want to avoid any misunderstandings after your death. If you remarry for instance, your current will is no longer valid and therefore if you die the intestacy rules will apply and the State Will decide who benefits from your estate. So if you remarry, you will need to make a new Will that specifically takes into account your new marriage.

A review helps you to be sure that the people and charities you want to benefit from your Will, will continue to do so. Often, changing a will could be as simple as drawing up a codicil – an addition or change to your existing Will – that can be signed and kept with your Will.

If you feel that your Will may require reviewing, you can speak to one of our solicitors who will be pleased to assist.

Preparing Wills;-

• Our charges for preparing a single standard Will for a person under the age of 60 years would be ?100.00 plus VAT of ?20.00, making a total of ?120.00.

• Our professional charges in connection with preparing two standard mirror or mutual Wills would be ?150.00 plus VAT of ?30.00, making a total of ?180.00.

• Our professional charges in connection with preparing a single standard Will for a person over 60 would be at a reduced fee of ?75.00, plus VAT of ?15.00, making a total of ?90.00.

• Our professional charges in connection with preparing two standard mirror or mutual Wills for persons over 60 years would be a reduced fee of ?125.00, plus VAT of ?25.00, making a total of ?150.00.

If the required Will is unusually complex, this will be charged at an increased fee, which we would discuss with you. Our fee would depend upon the level of complexity of the Will.

• be under the age of 18 when the adoption application is made;
• not be (or have ever been) married or in a civil partnership.

The child’s birth parents

Normally, both birth parents have to agree (consent) to the adoption, unless:

• They cannot be found
• They are incapable of giving consent – e.g. due to a mental disability
• The child would be put at risk if they were not adopted

Who can adopt a child?

You may be able to adopt a child if you are aged 21 or over (there is no upper age limit) and are either:

• single;
• married;
• in a civil partnership;
• an unmarried couple (same sex and opposite sex);
• the partner of the child’s parent.

There are different rules for private adoptions and adoptions of looked-after children.

Do I have to live in the UK to adopt a child?

You do not need to be a British citizen to adopt a child, but:

• At least one of you must have a fixed and permanent home in the UK (or the Channel Islands or the Isle of Man);
• Both of you must have lived in the UK for at least one year before you begin the application process.

Early stages of adoption

To adopt a child you can go through either:

• The adoption agency that is part of your local council
• A voluntary adoption agency

The adoption process

The basic process is as follows:

1. You contact an adoption agency – it will send you information about the adoption process.
2. The agency arranges to meet you – you may also be invited to a meeting with other people wanting to adopt a child.
3. If you and the agency agree to carry on, the agency will give you an application form.

The time it takes to adopt can vary – but it normally takes at least 8 months.

Adopting a stepchild

If you want to adopt your spouse’s or partner’s child, you need to tell your local council. You must do this at least 3 months before applying to a court for an adoption order.

The child must also have lived with both of you for at least 6 months.

The adoption assessment

The process to adopt is similar to an assessment through an adoption agency.

The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel).

The court will ask your local council to provide a report on:

• Your partner
• The child
• The other birth parent

The report will be prepared by a social worker and will be used to help the court make a decision.

If granted, the adoption court order gives you parental responsibility for the child – along with your spouse or partner.

The order also takes away parental responsibility from:

• the child’s other birth parent
• anyone else who has parental responsibility for the child

An adoption order cancels any other type of court order, e.g. how, and when, the child’s birth parent can visit the child.

Birth parents: Your rights

For another couple (or person) to adopt your child, you normally have to agree to it.

Once your child as been adopted, you no longer have parental responsibility for them.

Depending on the child’s situation, you may be able to stay in contact with them. This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption.

Fathers’ rights

As the child’s father you’ll be asked to agree to the adoption – but only if you have parental responsibility.

If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility.

Trying to stop the adoption process

If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice.

To make an adoption legal, a court has to grant a court order.

The agency arranging the adoption must let you know what your rights are – and also at what point the adoption cannot be stopped.

If you do not want your child to be adopted, a court will give you the chance to say why. A social worker, independent of the adoption agency, will visit you and:

• record the reasons you do not want your child adopted
• let the court know these reasons – you can go to court to explain them

An adoption order cannot be made unless the court thinks it is in your child’s best interests.

Adoption without your consent

A court can decide the adoption can go ahead without your consent if:

• The Court believes that the child would be put at risk if they were not adopted – it will send you the evidence they have been given, e.g. from social services
• You are incapable of giving consent – e.g. due to a mental disability

Please read all the following information to establish if you are eligible to adopt the child/ren;

Frequently asked questions

I would like my new partner to adopt my child

The first issue that many adults tend to forget is that adoption is about, and for, the benefit of the children. What adults want is relevant but the court will not consider this to be an over-riding concern when it comes to making a decision.

Although it is quite natural for you to feel that your family will only be complete if the child were to be adopted by your new partner there are some who would suggest that there are other legal alternatives to adoption that should be considered fully.

I have recently married my partner

You no longer need to be married to adopt the child/ren of your partner.

Do I have to get the other parent’s agreement to the adoption?

If the other parent is the mother;-

You will need her agreement. A court can dispense with the need for her agreement but there have to be very good reasons for them to do so.

If the other parent is the father and he was married to the child’s mother;-

You will need his agreement. A court can dispense with the need for his agreement but there have to be very good reasons for them to do so.

If the other parent is the father and he has parental responsibility;-

You will need his agreement. A court can dispense with the need for his agreement but there have to be very good reasons for them to do so.

Parental Responsibility is usually only obtained in one of four ways: 1. By obtaining a residence order from a court stating the child lives with them, or 2. By having a parental responsibility agreement, or 3. By being appointed guardian to care for the child if a parent dies, or 4. By adopting the child.

If the other parent is the father, but he was not married to the child’s mother, nor has he obtained parental responsibility for the child.

No. His agreement is not required. Parental Responsibility is usually only obtained in one of four ways: 1. By obtaining a residence order from a court stating the child lives with them, or 2. By having a parental responsibility agreement, or 3. By being appointed guardian to care for the child if a parent dies, or 4. By adopting the child.

Will the other parent have to be involved?

Irrespective of the birth parents’ legal status the court will require a report (Schedule 2) to be compiled and wherever possible the wishes of both birth parents will be ascertained and what role they might intend to play in the future in respect of the child. Your current relationship with him or her, or the amount of contact they have with the child will not remove the responsibility for finding out their views, and reporting them back to the court.

But I do not know where the other parent is?

You will have to provide the court with all the relevant information in order for others to try to contact them. They may also be unable to do so and will complete their report stating that this is the case.

But the other parent has not been in contact with their child?

This is not a reason for the social worker compiling the Schedule 2 report not to try to ascertain their wishes in respect of any application to adopt.

But the other parent has not recently / never paid child maintenance?

This is irrelevant. The court will still need to find out their opinions on the proposed adoption.

But the other parent will never agree to the adoption?

The court can dispense with the need for their agreement but there have to be very good reasons for doing so. When applying for the adoption order you can make a statement of fact on the Form A58 Page 3. Here you will have to give the grounds for this request. These ‘grounds’ should be one or more of the following:

* The parent or guardian cannot be found or is incapable of giving agreement;

* The parent or guardian is withholding his agreement unreasonably;

* The parent or guardian has persistently failed without reasonable cause to discharge his parental responsibility for the child; * The parent or guardian has abandoned or neglected the child;

* The parent or guardian has persistently ill-treated the child or

* The parent or guardian has seriously ill-treated the child.

The information you enter here should not contain your opinion; it should be completely factual and wherever possible, the information should be verifiable by others.

To become a member of this specialist scheme, Stacey was required to demonstrate to the satisfaction of the Law Society, that she has and will maintain a high level of knowledge, skills, experience and practice in the area of child law, be that in private practice or working for a local authority. Stacey was also required to demonstrate her experience of representing parties in public and private law proceedings under the Children Act 1989 and other family proceedings as defined in the Children Act 1989.

Stacey Phoenix is now a registered Children Representative, which allows her to represent children in all family proceedings where there is provision to represent children, and adult parties in public law proceedings under the Children Act 1989.

At the time of writing, Stacey is the youngest member of the Children Panel and we are delighted with her achievement.

By achieving membership of this prestigious scheme, potential clients can be assured of Stacey’s specialist knowledge in the area of family law, so if you have a family or child law problem, make Paul J Watson Solicitor your first choice!

The Children Act 1989 is the statute (i.e. the law) which states what a court can or cannot do when making orders about children. It covers all different kinds of situations, such as child residence, child contact and changing a child’s name, all the way through to care proceedings and child abduction.

If you would like legal advice or help with your family case, please contact our Family Solicitor, Stacey Phoenix.

When a court is considering any decision about the well-being and upbringing of a child then the child’s welfare should always be the priority of the judge. The welfare checklist sets out for the court and the professionals all the areas that must be considered when making a decision about a child, whether this is about child contact, child residence or other orders.

It comprises of;-

1. The wishes and feelings of the child;
2. The physical, emotional and educational needs of the child;
3. The likely effect of any change of circumstances;
4. The age, sex, background of the child that are relevant;
5. Any harm the child has suffered or is likely to suffer ;
6. How capable each parent is of meeting the child’s needs;
7. The range of powers and orders available to the court under the Children Act 1989.

If you would like legal advice or help with your family case, please contact our Family Solicitor, Stacey Phoenix.

This is a really important principle that the court must always consider. The court must start from the position that no order shall be made unless the court ‘considers that doing so would be better for the child than making no order at all’.

This is something that will always be considered by the court, CAFCASS, social services and legal representatives.

Each case will always depend on its own facts.

If you would like legal advice or help with your family case, please contact our Family Solicitor, Stacey Phoenix.