This prize has been created by this firm in order to recognise the contribution made by our late senior partner in the Family Care Department. Manjit was a formidable advocate and passionate about helping people.

If you are in receipt of benefits and or a low income you can apply for a Court fee exemption in certain matters.

The Court fees are now as follows:

• Divorce Petition – £593.00
• Consent Order – £53.00
• Financial Remedy Proceedings – £275.00
• Children Act Application – £232.00
• Enforcement Children Act – £232.00
• Any other application – £167.00

The Court will not process any application without the Court fee being paid and or successfully applying for a Court Fee exemption.

For more information please contact our Family department on 0116 262 8596.

 Pravleen Sian who works in our private family department has recently qualified as a solicitor and specialises in providing advice in relation to matrimonial and children matters. 

 Kelan Castaneda from our care department has been awarded a training contract! Kelan will continue to develop her practice in the care team for a further period of time before gaining experience in other areas within the firm as part of her training. 

 Well done to everyone and thank you for all your hard work!

 If you have any queries regarding crime, family or care matters please do not hesitate to contact our team members.

 You can view full profiles of all our solicitors by clicking on the Meet The Team tab. 

*picture from left Sukhdev, Kelan & Pravleen.

‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.

This means a person who has Parental Responsibility has the legal powers to make appropriate decisions in relation to the care, welfare and upbringing of the child. There are no limits to the number of people who can share Parental Responsibility for one child. S2 (7) of the Children Act 1989 states that where more than one person has Parental Responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility. In certain specific cases, consent of all parties sharing Parental Responsibility is required and a Court Order would be needed, if an agreement cannot be reached. The following are examples of important decisions in a child’s life that should have the agreement of everyone with Parental Responsibility:

• Where a child lives.
• Whether or not a child has medical treatment.
• Decisions regarding a child’s education.
• Which, if any, religion a child follows.
• Deciding a child’s name and registering their birth.
• Giving consent for a child to leave the country, whether for a holiday for more than 28 days or permanently.

In England and Wales, Parental Responsibility lasts until the child reaches 18 or until an Adoption Order or other court order is made which extinguishes it.

Who has Parental Responsibly?

A mother automatically has Parental Responsibility for her child from birth. A biological father usually has Parental Responsibility if he is married to or is in a civil partnership with the child’s mother, at the time the child was born. If a biological father is not married to the mother, he can gain parental responsibility by being registered on the baby’s birth certificate following the birth. Both parents keep Parental Responsibility if they later divorce or separate.

Same-sex partners will both have Parental Responsibility if they were civil partners at the time of the treatment; for example, donor insemination or fertility treatment. For same-sex partners who are not civil partners; the second parent can obtain Parental Responsibility by a Parental Responsibility Agreement or by becoming a civil partner of the other parent and making a Parental Responsibility Agreement or jointly registering the birth.

Besides parents others may also acquire Parental Responsibility; for example, a Local Authority by obtaining a Care Order or Emergency Protection Order, a child’s guardian through a Will or Court Order, a child’s step parent by way of an Agreement with the parents or Court Order, grandparents or extended family through a Child Arrangements Order or Special Guardianship Order. Adoptive parents gain Parental Responsibility upon the Court’s approval of the Adoption Order.

If a child is born overseas and comes to live in the UK, Parental Responsibility depends on the UK country they are now living in. Our expert solicitors can advise you regarding the laws applicable to England and Wales.

Can you lose Parental Responsibility?

A mother will always have Parental Responsibility until the child is 18 unless an Adoption Order is made. A married father is in the same position. However, there are instances where Parental Responsibility could be lost, which include:

• Any person, including unmarried fathers who acquire Parental Responsibility by a Parental Responsibility Agreement or Court Order, may lose their their Parental Responsibility if the Court makes a subsequent Court Order extinguishing the Parental Responsibility or Adoption Order.
• A Local Authority will lose Parental Responsibility once their Care Order has ended, unless it has a Placement Order.
• If Parental Responsibility is acquired through a Child Arrangements Order or Special Guardianship Order, it lasts until the Orders are discharged by the Court.

How to obtain Parental Responsibility?

An unmarried father can obtain Parental Responsibility through the following:-

• By entering into a Parental Responsibility Agreement with the child’s mother, which is a formal document signed by both parents in front of specific witnesses. This is then filed with the Principal Registry of the Family Division of the High Court in London.  Such an agreement would confer the rights and duties set out above on the unmarried father.

• By being named as the father on the child’s birth certificate. From 1st December 2003, an unmarried father may register or re-register his name on the child’s birth certificate to acquire Parental Responsibility.

• By applying to Court for a Parental Responsibility Order. This may usually be the case where the child’s mother does not agree to a formal Parental Responsibility Agreement.

For advice regarding Parental Responsibility Agreements and Orders, contact our offices to book an appointment with one of our family solicitors for an initial consultation.

Manjit was our Senior Partner in the Family Care Department and joined Marron Dodds and Waite in 1988 after qualifying as a Solicitor in 1987 and remained with its successor firm Dodds Solicitors LLP until her untimely death.

Manjit was admitted to the Law Society Children’s Panel in July 1991 when she began to specialise in family care law. Manjit was head of the family care team and was appointed to the First Tier Tribunal in June 2001 as an Immigration Judge and to the Special Educational Needs and Disability Tribunal in June 2018. Manjit also became a Civil Deputy District Judge in July 2005 and a Court Of Protection Judge in December 2020.

Manjit was a formidable advocate and passionate about helping people and will be greatly missed by all who knew her.

As a society we are used to dealing with each other face to face, shaking hands and sharing a coffee whilst discussing issues or concerns. Now we are having to rapidly adapt to remote conversations and virtual interactions. This has been made much easier and more accessible with platforms such as Zoom, Skype, WhatsApp Video and FaceTime to name just a few.

We have all had to adapt to more of a virtual life so that we can remain together, whilst being socially distanced. I know I have enjoyed countless zoom quizzes and remote exercise classes over the past weeks. Although I am sure we could all use a break from our screens now and then.

The Courts have also had to make the leap from traditional in person hearings to virtual hearings, with legal representatives and their clients attending from separate locations either via phone or by Skype. Large paper bundles are now replaced by electronic bundles that can be easily navigated at the click of a button.

Busy Court waiting rooms are now empty as advocates and clients wait in virtual meeting rooms, ready for the their online hearings. The Family Courts continue to operate and we continue to attend virtual hearings and meetings to represent our clients.

There is no question that this has had to be a quick adjustment for everyone, and with many of us now working from home, home schooling or furloughed, the prospect of facing a hearing alone can be incredibly daunting. However, you can be reassured that here at Dodds Solicitors we have adapted to the changing landscape and we are still here and able to offer you legal advice and support with representation at hearings.

We continue to offer initial fixed fee appointments to provide you with legal advice during these ever-changing times. Our Private Family Team continue to offer advice and support to victims of domestic abuse, parents experiencing disputes over arrangements for children and those experiencing marital breakdown.

If you need help and advice in any area of law please contact us on 0116 201 8566 or email us on enquiries@dodds-solicitors.co.uk.

The Practice Direction interprets ‘domestic abuse’ as:

• A pattern of events of controlling, threatening or coercive behaviour
• Violence or abuse of those who are aged 16+ who are family members or intimate partners, no matter their gender or sexuality

This includes but is not confined to: emotional abuse, financial abuse, sexual abuse, physical abuse and psychological abuse. Domestic abuse also encompasses culturally-specific forms of abuse such as forced marriage, honour-based violence, transnational marriage abandonment, dowry-related abuse and other similar forms.

Domestic violence – the impact it has on children

Domestic violence can cause children to:

• be anxious or depressed
• have problems sleeping
• have nightmares and flashbacks
• be startled easily
• have regular stomach aches
• wet the bed
• have issues at school
• regress and act younger than their age
• be aggressive or withdrawn and timid
• feel little self-worth
• take drugs, self-harm
• have eating disorders

Dodds Solicitors Family Mediation and Child & Care Proceedings

Conflict can cause distress to more than just two people, that’s why family mediation is a good way to help those experiencing a breakdown in a relationship to come to an agreement, together.

Dodd’s Solicitors’ Mediation and Collaborative Law procedures provide a listening ear and a different approach to help people settle their differences. Known to be a speedier process than going through the courts, mediation is typically less stressful and less costly, and gives both parties the opportunity to reach a well-thought-out decision regarding their children and finances.

From the very start of the process, your collaborative solicitor will sign an agreement that this matter is not to be taken to court and will hand it to you and the other party. If at any point during the process there’s a breakdown in communication, you will require a new collaborative solicitor because this method is all about helping people come to the best conclusion.

We also deal with care proceedings and child protection cases. Regardless of whether it’s a case involving social services or child custody, we’ve dealt with countless cases over the years and so we have a wealth of experience in such matters. Our solicitors strive to offer a thorough, sensitive and effective experience when representing the interests of children or parents.

We work with a wide range of social services interventions, including Adoption, Forced Marriage Protection Orders, Non-Molestation Orders and Special Guardianship Orders – so whatever your concern, turn to our experienced team today.

Please contact Dodds Solicitors on 0116 201 8566 or email enquiries@dodds-solicitors.co.uk to learn more about our Family Mediation and Child & Care Proceedings.

We provide our services to those throughout Leicester and the surrounding areas.

Recent measures announced to tackle coronavirus, such as the order to stay at home, can cause anxiety for those who are experiencing or feel at risk of domestic abuse. Domestic abuse is unacceptable in any situation, no matter what stresses you are under and irrespective of the current restrictions which are in place.

The Family Courts remain open to ensure protective measures are in place to vulnerable people at risk of domestic abuse. An Application for a Non Molestation Order and Occupation Order can be made with the assistance of local solicitors who remain open to offer assistance.

There are various organisations who can offer support and assistance throughout Leicestershire, especially to those who are under an immediate threat. The details of these organisations are listed below.

If you feel that you need advice and or representation in relation to a domestic violence matter, please do not hesitate to contact us on 0116 201 8566 or email us at enquiries@dodds-solicitors.co.uk

United Against Violence and Abuse (UAVA)

http://www.uava.org.uk/ourservices/

Zinthiya Trust

https://www.zinthiyatrust.org/

Living without Abuse (LWA)

https://www.lwa.org.uk/

Woman’s Aid Leicestershire

https://www.wa-leicester.org.uk/

Mediation is a conversation worth having.

John Taylor, chair of the Family Mediation Council said ‘it is not surprising that so many people who attend a first meeting with a mediator chose to go on to mediate. The meeting (sometimes called a Mediation Information and Assessment meeting, or MIAM) provides people with an opportunity to find out what family mediation is, how it might work for them and the practicalities and costs involved, as well as the alternatives if they choose not to mediate. Once people realise that family mediation is less expensive than being represented in court proceedings, as well as being less stressful and quicker than the court process, most realise it is a conversation worth having.’

Our Family Mediator Ashwin Topiwala agrees, saying ‘Mediation is hugely successful and less costly than going to Court. It allows you to take control of your own decision making, rather than a Judge or Tribunal hearing making those decisions for you.’

To find out more about how family mediation can help you and your family, contact Ashwin Topiwala on 0116 262 8596 or email Ashwin.topiwala@dodds-solicitors.co.uk 

Cohabitees (regardless of sex) do not have any additional rights over and above their contractual rights in terms of occupation so for example, if the house is owned solely by one party, their partner does not automatically have any right to occupy the property.

This is not the case if the couple decide to register Civil Partners, an option that has however until now only been available to same-sex couples, leaving mixed-sex couples, only one option: marriage.

This and similar issues have however now been addressed by the change in legislation which allows mixed-sex couples to register as Civil Partners. Just as with same-sex Civil Partners, mixed-sex Civil Partners will now acquire the same rights in respect of pensions, inheritance and property as married couples but without the need for a formal ‘marriage’ and the exchanging of vows. This welcome change in law demonstrates a more up to date approach to the living arrangements of millions of people.

Forming a Civil Partnership is a legal commitment and as such it is important to bear in mind how your finances and your partner’s rights in relation thereto may be affected by the formation of a Civil Partnership and to ensure you are each provided for in the event of a relationship breakdown.

If you are in any doubt as to how to register for a Civil Partnership, the effects of a Civil Partnership on your finances including the requirement for a Civil Partnership Agreement, or the breakdown of a Civil Partnership do not hesitate to contact one of our team of specialists for more information at enquiries@dodds-solicitors.co.uk or 0116 262 8596.

We offer a fixed fee initial advice appointment for £102 (inc vat) taking away any uncertainty about the initial cost of consulting a solicitor.