sills & betteridge family magazine 2012
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| Together We Can
Family First Magazine
T 01522 542211 | E info@sillslegal.co.uk | W www.sillslegal.co.uk | Aquis House, 18-28 Clasketgate, Lincoln, LN2 1JN
Offices in: Lincoln | Boston | Sleaford | Skegness | Gainsborough | Spalding | Spilsby | Coningsby
Edition 4 | 2012
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John BlackbourneLegal Executivejblackbourne@sillslegal.co.uk
Skegness
Helen DerryPartnerhd@sillslegal.co.uk
Lincoln
John MitchellHead of Departmentjm@sillslegal.co.uk
Lincoln
Yvonne ClarkePartneryclarke@sillslegal.co.uk
Boston
Emma LawlerPartnerelawler@sillslegal.co.uk
Lincoln/Coningsby
Rachel MacleanPartnerrm@sillslegal.co.uk
Sleaford/Gainsborough
Karen MotleyLegal Executivekmotley@sillslegal.co.uk
Spilsby/Coningsby
Family First MagazineSills & Betteridge
Rachel EagerPartnerreager@sillslegal.co.uk
Skegness
info@sillslegal.co.ukwww.sillslegal.co.uk
Foreword
Lincoln
Edition 4
Our latest Family First Magazine
shows the breadth of legal issues and
processes which now involve families
when relationships get into difficulties.
Andrea Inglis one of our family
mediators, discusses the extension of
mediation as an alternative to using
the court system and the emphasis
being placed by the Government
now for separating couples to opt for
mediation. When mediation works
well it is a far cheaper, quicker and
ultimately less stressful way of dealing
with the difficult issues which arise
from relationship breakdown and for
those with children the focus is on the
continuing parental relationship which
will exist between the couple even
though their own personal relationship
has ended.
When divorce proceedings are
necessary, Alex Meade sets out in
detail how a divorce can be obtained
and also details our transparent fixed
fee system for advising and assisting
at this difficult time.
For couples who have not married
but are separating, Emma Lawler
writes about the latest very important
decision of the Supreme Court in Jones
-v- Kernott which helps clarify what
should happen to property which was
co-owned by a couple but where they
never married.
For couples who wish to marry but
fear what could happen to their
assets should they do so, Helen Derry
discusses pre-marital agreements in
her article. It is true that this is not
the most romantic way of looking at
marriage but sometimes, particularly
with older couples where they are
widowed or divorced, they may wish
to protect what they have accumulated
during their first marriage, especially
if they want to benefit the children of
that marriage rather than their new
spouse. That new spouse may be well
provided for anyway and also wish to
make provision for his/her children in
the same way. These agreements can
take away quite a lot of the financial
worries which can occur for couples
when they are entering marriage
and have financial assets they wish
to protect in the event of something
going wrong. This may be particularly
important in farming cases.
With regard to children, Chris Milns
talks about the court system for those
who feel they have no alternative
but to take matters relating to their
children to court.
Chrystal Theofanous writes about an
increasingly significant area which is
where one of the parents of a child
wishes to leave the jurisdiction and
to either take the child with him/her
or preserve contact with a child who
remains in this country. As changing
work patterns mean that increasing
numbers of people work abroad, there
is an increasing frequency of mixed
nationality relationships. What happens
to the residence of the children when
that relationship breaks down and
where they should live in the future
is a difficult and complex issue and
Chrystal’s article may provide some
help in this regard.
Mo Hayes answers a number of
problems which have been sent in by
our readers.
Caroline Johnson, Karen Motley and
Rachel Eager reflect on the work which
we carry out in our different Branches
throughout Lincolnshire.
John MitchellPartnerjm@sillslegal.co.uk
Spalding
Branch Focus
Caroline JohnsonPartnercj@sillslegal.co.uk
Spalding
In October 2010 Sills & Betteridge opened a new branch office in the market
town of Spalding, South Lincolnshire. Initially we took two rooms in the shared
workspace venue – Welland Workspace, 10 Pinchbeck Road, Spalding and handled
primarily family matters from this branch. The office was staffed by one Partner,
Caroline Johnson, an experienced family solicitor and Sue Leaback. However, due
to the demand for the service offered, in October this year we expanded the office
and were joined by Sellina Kauser, solicitor who also undertakes family work and
by Alwen Barber, a legal executive who undertakes Wills and Probate matters. We
hope a conveyancer will also shortly join our team.
From the Spalding office we are also able to undertake employment and personal
injury work as specialist solicitors from our other offices visit on a regular basis.
Much of our work in Spalding has come from referrals from the Citizen Advice
Bureau, Women’s Aid and also from other local solicitors firms. The Spalding
office, like our other offices has the benefit of a Legal Services Commission
franchise.
If you would like to speak to Caroline or a member of her team, please get in
touch on 01775 714874. We are happy to offer a free initial consultation service.
We hope you find our Family Magazine both interesting and informative, in
this edition we are focusing on three of our eight branch offices that we have
throughout Lincolnshire, these are Coningsby, Spalding and Skegness.
Sills and Betteridge have been established in the County for over 250 years and
our aim is to be there for the community working hard to provide an excellent
service for both new and existing clients throughout the County. I hope by
reading the articles about the branches you will get a feel for our commitment to
the local community and a taste of what we have to offer at a local level.
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Finally, in an interesting article reflecting the age in which we now live, Rachel
Maclean writes about the influence of social media on family matters in this
“Twitter” and “Facebook” era.
I hope that our readers will all find something of interest in this magazine either
for themselves or for their relatives and friends who may be going through
difficulties.
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Chris MilnsSolicitorcmilns@sillslegal.co.uk
Lincoln
Chrystal TheofanousSolicitorctheofanous@sillslegal.co.uk
Lincoln
Jennifer CurtisSolicitorjcurtis@sillslegal.co.uk
Boston
Jayne CoddingtonLegal Executivejcoddington@sillslegal.co.uk
Boston
Tony WoodsPartnertwoods@sillslegal.co.uk
Lincoln/Gainsborough
Mo HayesPartnermhayes@sillslegal.co.uk
Gainsborough/Lincoln
Andrea InglisMediatorainglis@sillslegal.co.uk
Lincoln
Caroline JohnsonPartnercj@sillslegal.co.uk
Spalding
Email: info@sillslegal.co.ukWebsite: www.sillslegal.co.uk
info@sillslegal.co.ukwww.sillslegal.co.uk
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Skegness
Rachel EagerPartnerreager@sillslegal.co.uk
Skegness
The Skegness Branch of Sills and Betteridge is an extremely busy office that
specialises in all areas of family, children and criminal law.
The Skegness Branch is also able to offer many other areas of legal advice by prior
appointment as all our lawyers are willing to travel over to Skegness from our
other branches situated throughout Lincolnshire to ensure that the local people of
Skegness can access legal advice without the need to travel.
The Skegness Branch has a long history of providing excellent legal services to the
residents of Skegness and surrounding areas for over 30 years as previously the
premises were occupied by Norman Green Solicitors. Sadly Norman Green passed
away in November 2010 and thereafter his firm continued to trade and was run by
his business partner Rachel Eager who specialises in family and children law.
On 1st October 2011 Norman Green Solicitors merged with Sills and Betteridge
Solicitors and this has meant that the local people of Skegness have not suffered
any interruption in being able to access vital legal services.
Every single member of staff at the Skegness Branch is committed to providing
a professional, efficient and friendly service and is one of the only two firms in
Skegness able to offer its clients the benefits of Public Funding (formerly Legal
Aid) meaning that people from every walk of life have access to legal advice and
representation.
The Skegness Branch is open between Monday to Friday 9am until 5pm and free
parking is available on the car park at the front of the premises.
Our Solicitors offer a free half hour advice service to every client and legal aid is
available subject to eligibility.
Our solicitors are :-
Rachel Eager – Partner specialising in children and family law
Gordon Holt – Partner/ High Court Advocate specialising in criminal law
Nicholas Alderson – Solicitor/High Court Advocate specialising in criminal law
John Blackbourne – Legal Executive specialising in matrimonial law
Coningsby
Karen MotleyLegal Executivekmotley@sillslegal.co.uk
Spilsby/Coningsby
Our office in Coningsby is in the heart of the village. The premises were originally
occupied by Thimblebys whom Sills & Betteridge merged with in June 2007.
The Family Department at Coningsby consists of Karen Motley who is a Fellow
of the Institute of Legal Executives, Emma Van-Der-Sluis who is a Trainee Legal
Executive and Mathew Daurge (Secretary). Karen Motley joined the firm in
November 2009 and has over 10 years experience dealing with all areas of family
law including divorce, contact, residence, injunctions and financial matters.
Appointments are available upon request for a free half hour and an evening legal
clinic takes place every Monday from 5pm to 6.30pm for which appointments are
not necessary. In addition, Karen and Emma also hold a legal clinic at The Lounge
at RAF Coningsby every Wednesday from 12pm to 1.30pm.
Public Funding (formerly Legal Aid) is offered in relation to matters for those who
are eligible. Free eligibility assessments are carried out at appointments.
The Wills and Probate Department work closely with the Family Department as
more often than not in a relationship breakdown it is advisable for Wills to be
made or amended.
Conveyancing matters at the Coningsby office are dealt with by a Partner, David
Stapleton who also works at the Firm’s Spilsby office. David deals with all aspects
of conveyancing including sales and purchases of property/land, transfers of
equity and tenancy agreements.
Please note that by prior arrangement, all legal matters can be dealt with at the
Coningsby office.
The Coningsby office is open Monday to Friday 9 am to 5-15 pm and free parking
is available close by.
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Sellina Kauser Solicitorskauser@sillslegal.co.uk
Spalding
Sills & Betteridge Solicitors Debbie Gregory Paralegaldg@sillslegal.co.uk
Lincoln
Natalie Wiles Paralegalnwiles@sillslegal.co.uk
Lincoln
Alex Meade Paralegalameade@sillslegal.co.uk
Lincoln
Euan McLaughlin Solicitoremclaughlin@sillslegal.co.uk
Lincoln
Grace Davy Paralegalgdavy@sillslegal.co.uk
Lincoln
Family First MagazineSills & Betteridge
info@sillslegal.co.ukwww.sillslegal.co.uk
This edition’s Guest Writer Tim Atkinson J H Walter
Valuing Farms and Farmland
There has been a great change in
the family law world. From April 6th
2011, in accordance with the new
Family Procedure Rules 2010 all
applicants wishing to issue private law
children proceedings and/or financial
proceedings will need to show that they
have either attended a mediation and
information assessment meeting with
a mediator or that they are exempt
from doing so. This provision has been
introduced to help increase public
awareness of mediation and other
alternatives to court and help the public
understand how these processes could
support them through separation and
divorce. So if you are thinking about
asking for a Court Order concerning
a child, divorce/separation or family
finances, you will be expected to
contact a family mediation service and
to consider with a mediator whether
the dispute may be capable of being
resolved through mediation. Experience
suggests that court imposed orders
work less well than agreements made
between you and that you are more
likely to be satisfied with the outcome
and uphold decisions made jointly. In
addition, children do better when their
parents cooperate with each other.
At the Mediation and Information
and Assessment Meeting (MAIM) the
mediator will explain to you what
mediation is, how it works, and the
benefits it can bring. Information
will also be given about other forms
of problem solving models, such
as collaborative law. You will have a
chance to ask any questions or raise
any concerns you might have regarding
your situation and how mediation might
work for you. It is an opportunity for
you to consider whether mediation
may be helpful in trying to resolve your
differences and for the mediator to
assess the appropriateness of mediation
for your case. The obligation to see a
mediator is limited to attendance at the
assessment meeting. Beyond that there
is no obligation to attend mediation
even if assessed as suitable, as one of
This edition’s guest writer Tim Atkinson
is a rural practice Chartered Surveyor
and Agricultural Valuer. He has worked
as a land agent in the East Midlands
for over 20 years and regularly acts
as an independent expert to assist
matrimonial settlement.
Lincoln sits at the heart of one the
nations premier farming counties - to
the south east the deep rich alluvial
silts of Boston and Spalding produce
vegetables, to the north east the
beautiful rolling chalk wolds yield high
quality malting barley for the nations
brewers, to the north and south the
limestone soils of the Lincoln Cliff and
Heath are ideal for potatoes, to the
west deep sands produce turf, some of
which finds its way beneath the feet of
premiership footballers, and on the side
of the river Trent there are warp soils.
These were created by generations of
our forefathers flooding the land and
building up silt deposits to create a deep
rich soil.
The method for valuing land and farms
for matrimonial purposes is similar
to that used for bank lending, sale or
purchase. However, the often tense
background to the valuation requires
that the valuer is scrupulously impartial
and thorough. We hope by inspiring the
confidence of both parties the pedigree
of the valuation will enable the parties to
arrive at a settlement without recourse
to proceedings.
Our valuation process starts with a
detailed inspection, measuring inside
and outside of the dwellings and the
farm buildings, and walking the land to
see the quality of the soil, efficiency of
the land drainage and the condition of
the growing crops.
Following the inspection, we carry out
desktop research with the assistance
of the instructing solicitors to establish
land ownership, tenancies, restrictions,
covenants and development clawbacks.
We then gather together evidence of
the key principles of mediation is that it
needs to take place on a voluntary basis
for both parties involved. The mediator
will also be able to assess whether you
are eligible for Legal Aid, in which case
mediation is free of charge, or whether
you will need to pay for mediation.
The costs of mediation are usually
considerably less than those incurred by
using the legal system.
It is a generally held view that courts
should be seen as a last resort and left
to concentrate on those cases which
really need their help. Most couples
have no idea how expensive, how
stressful, and how inappropriate the
court system is for them until they are
embroiled in it. They become locked in
their own conflict unable to find a way
out. It must make sense for families
going through the traumas of separation
to be able to access expert help and
assistance to reach their own solutions.
Most importantly the new changes offer
mediation as an option from an early
stage which is often more appropriate
to peoples needs and which they are
more likely to take up as a result. We
are already seeing a positive reaction
to the new Family Procedure Rules with
increasing numbers, armed with the
knowledge and information about the
huge benefits of mediation, choosing
to pursue mediation as a means of
resolving their issues and thereby
avoiding adversarial proceedings. This
may be seen as the start of an important
new era when mediation will no longer
be seen as the alternative, rather the first
port of call in the majority of cases.
Green Light for Mediation
Andrea Inglis Mediatorainglis@sillslegal.co.uk
Lincoln
property sales in the locality or region to
form the basis of our value calculations.
In matrimonial valuations land
ownership anomalies can create unusual
situations not normally encountered
in real life sales. For example the
farmhouse may not be in the same
ownership as the surrounding land
and buildings, therefore it cannot be
valued with its surroundings. The value
of the house is then depressed by
having the noise and disruption of the
adjoining farming operations but none
of the benefits. Having established the
ownership, the property is divided into
its most marketable parcels and each of
the lots is valued separately.
This best price for farmland is achieved
when it can be sold with vacant
possession, allowing the new owner to
farm the land. However, some land is let
on secure lifetime tenancies statutorily
regulated by the Agricultural Holdings
Act 1986. Here the tenant has the right
to occupy the holding for his lifetime
and potentially there may be rights for
his children to succeed to the tenancy.
In addition the rent is reduced by the
provisions of the Act to around half the
level that would be paid in the market
under a modern Farm Business Tenancy.
The reduced rent and the inability to
obtain possession means that land let
on this basis is often only worth around
60% of its value with vacant possession.
This situation can be quite common
on family farms where tax planning
schemes deliberately put in place 1986
Act tenancies to family members or
a family company with the deliberate
intention of reducing the land value to
reduce future tax bills.
The value of farm cottages can also be
affected if these are part of the farm
tenancy or occupied under tenancies
protected by the Rent Act 1977 or the
Rent (Agriculture) Act 1976 and similar
discounts are applied.
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5
Emma Van-der-Sluis Trainee Legal Executiveevan-der-sluis @sillslegal.co.uk
Coningsby/Spilsby
Email: info@sillslegal.co.ukWebsite: www.sillslegal.co.uk
Karen James Paralegalkj@sillslegal.co.uk
Lincoln
Sharon Guest Paralegalsguest@sillslegal.co.uk
Boston
Helen Addlesee Paralegalhaddlesee@sillslegal.co.uk
Boston
info@sillslegal.co.ukwww.sillslegal.co.uk
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Lincoln
Can Pre-Marital Agreements reduce the impact of Divorce on a Farming Business?
Helen Derry Partnerhd@sillslegal.co.uk
Pre-marital agreements are entered
into before marriage and set out what
should happen in the event of a future
marriage breakdown. Protection of a
farming business upon divorce can
be extremely important, not least,
because the whole family may be
involved in the running of the farm.
The land usually provides the income
and includes the family home. Often
the farming business has been in
existence for many generations and
it is wished to be preserved for future
generations. A pre and post-nuptial
agreement could mean the difference
between the farm business continuing
or being sold upon any future divorce.
A pre-marital agreement can set
out the intentions of the parties in
relation to the assets at the date of
the marriage, particularly in relation to
those assets which one spouse wishes
to preserve for future generations. It
may, for example, be sensible to make
clear, at the outset that the farming
assets are to be retained by one
spouse in the event of future marriage
breakdown.
Pre-marital agreements are not
currently enforceable in England and
Wales, however, they are a relevant
factor that will be taken into account
when looking at financial settlements
and the terms can be decisive.
Following the case of MacLeod v
MacLeod it is also advisable to convert
any pre-marital agreement into a post-
nuptial agreement.
Pre-marital agreements may be helpful
in dealing with the following:-
1. Identifying ‘separate property’ and
‘matrimonial property’ and the parties
intentions in relation to each asset. The
agreement may set out the different
treatment of:
- Inherited assets acquired
prior to or during the marriage
- Gifts acquired prior to or
during the marriage
- Matrimonial property
- Property and investments
excluding the farm
- Assets generated solely by the
efforts of one spouse
- Assets generated by the
efforts of both spouses
2. What will happen in different
circumstances for example, if it is a
short or long marriage or if there are
children or no children.
3. Provision for housing, i.e. at
what level and whether it is to be
index linked or perhaps based on a
percentage of the marital property or
all assets.
4. Provision of other capital and again
whether it is to be index linked or
based on a percentage of the marital
or all assets.
5. Maintenance, i.e. whether
there should be any at all or only
if dependent children. Whether
maintenance should be a fixed
percentage or perhaps capitalised and
if so how this should be calculated.
6. Whether there should be a review
after the marriage. This should be
considered in every case.
Pre and post-nuptial agreements are
often seen as a form of insurance.
Hopefully they prepare for the never
to occur future separation of the
parties, just as insurance policies
may deal with the hopefully never
to occur fatal accident or fire. In the
event of this event occurring, however,
they can assist in the parties sorting
out their financial affairs without
emotionally and financially costly legal
proceedings.
The diversification of farming means
valuing a variety of non agricultural
assets. These can include offices, holiday
cottages, farm shops, workshops,
commercial storage, haulage yards,
telecoms masts, caravan sites, fishing
lakes and woodland. Some unusual
assets can cause a furrowed brow but
fortunately the profession is well served
by the Central Association of Agricultural
Valuers which provides access to a
network of rural professionals across
the country one of whom will have come
across a similar situation elsewhere.
As part of assessing the value of the
holding we consider development
potential. This involves reviewing the
Local Authorities planning policies
and where appropriate discussing
issues with the planning officer. Where
land has development potential but
no planning permission this can be
particularly contentious. In current
market conditions often the hope of
future development does not greatly
enhance the asset value. Traditional
brick buildings with conversion potential
and areas of land or farmyards within
or close to a settlement are areas of the
farm that can have particular hope value.
Sometimes a more equitable solution is
to impose a development clawback so
that if planning permission is granted
in the future both parties can share the
benefit.
Valuation is an art rather than a science
and therefore instructing parties and
their legal advisers have to accept that
the valuation is one person’s opinion
and that opinions will vary between
valuers. In the days when matrimonial
settlements involved a valuer being
appointed by each party it was quite
usual to find that there was a significant
difference of opinion. In acting as an
independent expert between the parties
it is our aim to take a balanced view
and find a fair value for the property.
However, when we consider there is a
wide range of opinion we will highlight
this in our report and can give an
indication of the likely range. The parties
can then take this into account in their
negotiations.
A well researched, impartial valuation
report can help achieve a settlement and
ease a difficult situation for the parties.
Tim can be contacted at the Office:
Tel: (01522) 526526 or
Mobile: 07919694224
Email: timatkinson@jhwalter.co.uk
Tim Atkinson Bsc MRICS FAAV
JHWalter
1 Mint Lane
Lincoln
LN1 1UD
Views of Chantry Farm
Mediation
Separation can be stressful and costly. Using mediation, it doesn’t need to be that way.
At Sills & Betteridge our specialist mediators can help you agree an arrangement, avoid court and expense
involved.
Found out more by calling us on: 01522 542211 or visiting our offices.
Together We Can
Commercial Forces
Criminal LawWills, Trusts & Probate
Family Putting You First Accident Claims Moving Home
AgriculturalDivorce & Separation
6
Sills & Betteridge Family First Magazine
info@sillslegal.co.ukwww.sillslegal.co.uk
Edition 4
More and more we find ourselves advising
clients of their legal position where either
they or the resident parent of a child, starts
making plans to remove the child from the
jurisdiction of the United Kingdom.
It is important that legal advice is sought
so that the parent intending to remove the
child from the jurisdiction is aware of their
legal position.
It is imperative that notice is given to the
non-resident parent that steps are being
put in place to remove the child from the
United Kingdom. If this cannot be agreed a
leave to remove application will need to be
made to the court by the resident parent
for the court’s permission to leave the
United Kingdom with the child.
Where a Residence Order is in force with
respect to a child, no person may remove
the child from the jurisdiction without
either the written consent of every person
who has parental responsibility for the
child or the leave of the court.
If a child is removed from the United
Kingdom without your consent or the
court’s permission, and you hold legal
parental responsibility for a child, then
removal is illegal. Since 2001, the case of
Payne v Payne defined what a court should
consider when refusing or granting a leave
to remove application. In that case, it was
for the resident parent to satisfy the court:
1. That their motives for the move were
genuine
2. That their plans are well thought
through.
The court’s paramount concern will
always be the welfare of the child. The
courts take applications to remove a child
permanently from the jurisdiction very
seriously. Hasty decisions will not be made
and it is essential to put well prepared and
researched proposals before the court to
show that it is in the child’s best interest to
leave the United Kingdom.
In the more recent case of re K (2011)
further guidelines have been made by
the Court of Appeal for parents wishing
to move abroad. In this case, Lord Justice
Thorpe stated that the guidance given in
Payne v Payne is only applicable where
the applicant is the primary carer. Where
parents share the responsibility of caring
for the children in more or less equal
proportions, the approach in Payne should
not be applied. Each case must be judged
on its own unique facts. The court in this
case looked at how much time the child
spent with the non-resident parent and
if it can be demonstrated that refusal
or permission will be emotionally or
psychologically harmful to the child, then
there is a possibility that the court will not
grant permission for the resident parent to
leave the United Kingdom with the child.
Circumstances which may influence
the court granting a leave to remove
application are as follows:
1. It can be demonstrated that refusal of
permission will be sufficiently emotionally
or psychologically harmful to the resident
parent or the children’s step parent that
it impacts on their care of the child (this
is commonly referred to as the distress
argument).
2. The resident parent or their new partner
seeks to return to their country of birth
and/or has family in the country they wish
to emigrate to.
3. There are no concerns as to the resident
parent’s ability to provide adequate
childcare.
4. The plans for the move are well thought
through.
5. There is no intention to disrupt the
relationship between the children and the
other parent.
6. A support structure exists to assist the
resident parent with the childcare in the
new country.
7. The plans are to continue to contact the
non-resident parent are practical.
8. The resident parent has remarried and
the child is in a new family structure.
9. The family have step brothers/
sisters within the resident parent’s new
relationship (the Court would rarely agree
to the new family being divided).
10. The child has sufficient maturity to
understand what impact the move would
have on their life and wishes to emigrate.
11. The resident parent is clearly the
primary carer.
Circumstances which may assist someone
in defending against a leave to remove
application
1. That the resident parent seeks to
reduce or prevent the child’s relationship
with their non-resident parent due to
continued hostility. A history of broken
contact, refusing to co-operate over
schooling/medical matters may assist in
demonstrating questionable motives.
2. The division of time that exists between
the parents two homes. Though care is
shared, the Court would be less likely to
disturb the status quo.
3. That the plans for the move and the
child’s subsequent care are not practical.
Questions need to be asked such as:
a. Who will care for the child as a
resident parent (or child) is ill?
b. What childcare plans exist?
c. How do these compare to the
support structure in the United
Kingdom?
d. Who will pick the child up from
school?
4. There exists concern about the resident
parent’s ability to provide consistent care.
5. There are concerns regarding the
resident parent’s mental health.
6. That a strong bond exists between the
child and non-resident parent as a result of
substantial contact time.
7. That the child currently benefits from
shared care arrangements between the
resident/non-resident parent.
8. The child is sufficiently mature to
Removal from the Jurisdiction
Chrystal Theofanous Solicitorctheofanous@sillslegal.co.uk
Lincoln
understand what impact the move would
have on them and he or she wishes to
remain in the United Kingdom.
If you are a resident parent thinking about
relocating to another country with your
child or you are the non-resident parent
and have concerns that the resident parent
may remove the child from the jurisdiction
to live in another country, then please
do not hesitate to contact ctheofanous@
sillslegal.co.uk or 01522 542211.
“If a child is removed from the United Kingdom without your consent or the United Kingdom Court’s permission, and you hold legal parental responsibility for a child, then removal is illegal.”
Wills Advice Call us now on 0800 542 4245 or email us at
info@sillslegal.co.uk for more information on a free half hour appointment at one of the following offices:
Lincoln | Boston | Sleaford | SkegnessGainsborough | Spilsby | Spalding | Coningsby
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the factors listed in s. 1(3) it would not be
taken into consideration by a judge.
The advice that should be taken on board
by parties therefore is that, however
hard it is to see through their individual
disagreements at the time, they must try
their hardest to do so and act in a way that
a court feels appropriate. The risk if they
fail to do so is lengthy, often expensive,
litigation that ends with a decision being
made by a judge which ultimately neither
party is satisfied with but which because a
judge has to make the final order, they will
be left with.
Even for parties with the benefit of public
funding there is a real risk that if one
party is not seen to be acting in the best
interests of the child and is felt to be
acting unreasonably or obstructively, they
may lose their public funding altogether –
solicitors have a duty to the Legal Services
Commission to report to them any party
who they feel is acting unreasonably whilst
being funded with public money and,
unfortunately, this means that occasionally
such decisions do have to be made.
So what is in place to help parents
overcome these substantial hurdles?
On the 6th April 2011, the new Family
Procedure Rules came into force. These
are designed to place a much greater
emphasis on parties coming to an
agreement long before matters come to
court. For example you are now required
to attend an initial mediation meeting
before making an application to the court
in the first place. If you have done so, but
mediation has not been successful, you
will be issued with a form by the mediator
and can proceed with your application to
court as planned. If you have not done so
the court will want to know why and may
not hear your application until you have.
Sometimes mediation can be attempted
at court, either through dedicated court
mediators or via CAFCASS (the Child
and Family Court Advisory and Support
Service), who can help parents try and
come to an agreement, even at the doors
of the court, without solicitors being
involved.
You also cannot successfully apply
for public funding without having
demonstrated that you have attempted
mediation, there are only a few exceptions
to this and generally this is the rule in
most publicly funded cases.
If matters have reached the court, judges
have the power to make what is known
as a ‘Contact Activity Direction’, and
very often this can include a referral
to something called the ‘Parenting
Information Programme’ or ‘PIP’. Many
parents find the suggestion of this a little
confusing, often stating that they ‘know
how to be a parent already!’.
This is of course very true, and we would
certainly not presume otherwise. In
actual fact the ‘Parenting Information
Programme’ is designed to alert parents
to the impact their divorce, separation,
or indeed the court proceedings they are
currently going through are having on
their children, it demonstrates to parents
what the court expect of them in these
situations and the impact their behaviour
could be having. Looking at these issues
through the eyes of their children will
often change a parent’s perspective on
their disagreements and often can have a
very positive impact. In Lincoln this course
is run by RELATE and consists of two
two hour sessions which parents attend
separately.
The best advice to parents, however is
always to try and agree matters without
the need to go to court, in doing so
you are automatically acting in the best
interests of your children for whom a
lengthy court battle will be unsettling and
upsetting.
If you have no other option than to go to
court you will be forced to give careful
consideration to the points detailed here,
which whilst appearing daunting, with the
right approach can be tackled relatively
easily for all parties.
Great Expectations: Parents and the Court System
Chris Milns Solicitorcmilns@sillslegal.co.uk
Lincoln
Sadly, if a dispute between parents goes
to court, it invariably means that all other
forms of Alternative Dispute Resolution,
negotiation between solicitors, mediation,
or other forms of collaborative law have
failed, or have not been deemed to be
appropriate.
As a result by the time a matter comes
before a judge, emotions can often
be running high. Understandably, in
such a situation it is often hard for the
parties involved to put aside their own
disagreements and work together towards
a solution that works for everyone,
however as hard as it is, this is exactly
what courts are asking them to do. Often
it is this that proves the most difficult for
those involved to come to terms with,
especially when a relationship has ended
in difficult circumstances.
So what do courts expect from parents
in this situation? In order to answer this
question, we have to look back at the
Children Act 1989, and in particular
section 1 (1). This stipulates that the
overriding factor in any case involving a
child or children is that child’s welfare. The
court are under a duty to consider what
is in a child’s (i.e. anyone under 18) best
interests. This must be considered before
the making of any order under section 8
of the Children Act – this includes orders
relating to how often a parent has contact
with a child, where a child lives, disputes
centred around specific issues involving
a child, and other disputes that arise
between parents.
There are, of course, other issues that
judges need to weigh up before making
a decision, and these are detailed in what
is known as the ‘statutory checklist’ of
factors to be considered under s. 1 (3) of
the Children Act, these include:-
(a) The wishes and feelings of the child
concerned (considered in the light of the
child’s age and understanding).
(b) The child’s physical, emotional and
educational needs.
(c) The likely effect on the child of any
change in his or her circumstances.
(d) The child’s age, sex, background and
any other characteristics which the Court
considers relevant.
(e) Any harm which the child has suffered
or is at risk of suffering.
(f) How capable each of the child’s parents
and any other relevant person is of
meeting the child’s needs. (The court will
decide who is a relevant person).
(g) The range of powers available to
the court under the Children Act in the
proceedings in question.
The crux of the matter is that if you go to
court on any matter involving a child, as a
parent, you will also be expected to act in
the best interests of the child concerned.
This may seem like a simple request but
when put in the context of an emotionally
draining day at court with a former partner
who it is difficult to be in the same room
as, never mind to talk to; this becomes
more of a challenge.
Judges will not take into consideration
factors such as whose fault it was the
relationship broke down and unrelated
arguments between parents, if it is not
relevant to the child it will simply not be
considered. As a general rule the only
things that are taken into consideration
are the above factors and what is in a
child’s best interests.
Courts will also wish to see parents acting
reasonably towards one another, as failing
to do so is not felt to be in the spirit of the
Children Act. Again this can be a tough
challenge if two parties have a difficult
relationship. By way of an example, it
would not be considered by a court
appropriate for one parent to stop their
son or daughter seeing the other parent
because they cannot agree who should
clear an outstanding credit card bill,
unlikely though this may sound it does
happen, and as it is not relevant to any of
“The crux of the matter is that if you go to court on any matter involving a child, as a parent, you will also be expected to act in the best interests of the child concerned.”
Free Family Advice
Call us now on 0800 542 4245 or email us at info@sillslegal.co.uk
for more information on a free half hour appointment at one of the
following offices:
Lincoln | Boston | Sleaford | SkegnessGainsborough | Spilsby | Spalding | Coningsby
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Change of Name Deed for Adults | only £90 (inclusive of VAT)For further information, or to discuss a child’s change of name,
please contact Alex Meade on:
01522 542211
Edition 4
Fixed Fee Divorce
only £387.50
Plus VAT and court fees
Statistics show that the number of
couples who get divorced is dropping.
A report, published by the Office for
National Statistics, shows the number
of divorces in England and Wales in
2009 - the latest year published - was
113,949, a 6.4% decrease from 2008.
This is the lowest figure since 1974
However, it is still an unhappy
statistical fact that four in ten
marriages in England and Wales are
likely to end in divorce.
If you and your spouse have looked
over all of the available options and
divorce seems inevitable, then the
following is an overview of the divorce
process:
Grounds for a divorce
Initially, you will need to prove that you
have grounds for a divorce. This is a
two-fold test which must be satisfied
before you can file your Divorce
Petition with the court.
The first aspect is one of time
limitation: in England and Wales, you
may not submit a Divorce Petition until
you have been married for over 12
months.
Assuming that you have been married
for over a year, and the marriage has
irretrievably broken down, you then
need to prove one of the following
‘facts’:
1) adultery;
2) unreasonable behaviour;
3) desertion;
4) lived separately for over two years
(by agreement); or
5) lived separately for over five years.
The divorce process
Assuming, that you have satisfied both
these criteria the next step is to file a
Divorce Petition. This is in a standard
format, and is sent to the county court
together with your marriage certificate.
If there are dependent children, then
a Statement of Arrangements form
will also need to be completed and
sent to the Court, even if there is no
dispute regarding contact or where the
children will live.
The county court will issue
your Petition and send a copy
to your spouse, with a form of
acknowledgement. Your spouse has 14
days to return the acknowledgement
to the court.
Thereafter an Application for Decree
Nisi and affidavit (sworn statement)
need to be lodged at Court.
Upon receipt of the application, it
is put before a judge to decide if
you have grounds to divorce. If so,
he will issue what is known as a
Decree Nisi. Once the Decree Nisi
has been granted, you must wait a
statutory period of 6 weeks and 1
day, after which time you can make
your application for Decree Absolute.
Shortly thereafter the Decree Absolute
is issued. At this point you are legally
divorced.
Proceedings take around 4-6 months,
and there should be no need for you
to attend any court hearings, providing
the proceedings are undefended. This
is, of course, only a brief overview, and
more detailed information could be
provided at your initial appointment.
Cost
If you are not eligible for Legal Help,
then our specialist divorce team offer
a fixed fee divorce package. The fee
for an uncontested divorce is £387.50
assuming there are no unforeseen
problems. In addition there will be
VAT and court fees of £385 payable.
The total fixed fee is therefore £850
including our fees, VAT and court fees.
Divorce Proceedings
Alex MeadeParalegalameade@sillslegal.co.uk
Lincoln
The fixed fee is payable in three
instalments:
1. £255 – payable following receipt
of your full instructions
2. £340 – payable when the Divorce
Petition is ready to be sent to the court
3. £255 – payable when we apply for
Decree Nisi
The only other additional costs you
may have to pay are £9 if we need
to obtain a copy of your marriage
certificate, and approximately £100 if
your spouse fails to co-operate and it
is necessary to personally serve them
with the divorce papers.
What work is covered?
The fixed fee package includes your
first meeting with a member of our
team. The package will cover your
divorce as long as it is uncontested
and there are no additional costs in
trying to locate your spouse. It does
not cover the financial aspects of your
divorce. We would be able to provide
you with further fee information if you
did wish for us to deal with financial
matters.
What do I do next?
Please contact a member of our team
on 01522 542211 or info@sillslegal.
co.uk to make an appointment to see
one of our specialists.
Free Legal Advice Clinics
Free initial advice available at the following
clinics:
Coningsby Office - 45 Silver Street
Every Monday 5pm - 6.30pm
01526 344444
Lincoln Office - Aquis House
Every Thursday 2pm - 4pm
01522 542211
Sleaford Office - 27-31 Northgate
Every Thursday 2pm - 4pm
01529 302800
Gainsborough Office - Unit 1c The Pattern
Store, Station Approach
Every Thursday 10am - 12pm
01427 616816
Holbeach Children’s Centre, Holbeach
Last Tuesday of every month
9.30am - 12pm
01775 714874
The Bridge Community Centre, Lincoln
Every other Wednesday 10am - 12pm
07963 790759
RAF - Digby, The Hive
Last Thursday of every month
10.00am - 12pm
(RAF personnel/Families only)
01526 327543 (by appointment only)
RAF - Coningsby, The Lounge
Every Wednesday 12.00pm - 1.30pm
(RAF personnel/Families only)
01526 344444
RAF - Cranwell, The HiveFirst Monday of every month
10am - 12pm
(RAF personnel/Families only)
01529 302800
Police FederationNettleham Police HQ
1st Thursday of every month
9.30am - 12pm
01522 542211
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hiding parts of your profile, such as
your email address, home address or
phone number, or even deleting them
altogether.
Furthermore, most websites now,
particularly social networking sites,
allow you to put as much information
about yourself on your profile to make
it easier for friends and family to find.
However, it is not essential for you
to fill in everything the website asks
for. This can then protect you from
people putting your details up on other
websites and can also protect you from
other illegal acts such as identity theft
and fraud.
We advise parents that are going
through family problems to think
about how children should use social
media sites. We know it’s very hard to
strike a balance when trusting your
children and worrying about them and
what they get up to online. However,
we have seen situations where parents
have been unable to agree on the
use of Facebook or other sites being
used. It is important to remember
that Facebook regulations state that
children must be thirteen to join but
I know this can be a very difficult
situation when all the children’s friends
have accounts. This is something that
needs to be discussed with families
that are going through difficulties.
As stated earlier I would recommend
that you all check your privacy settings
and look at your social media status.
We have put together a leaflet about
how to stay safe on a social networking
site. If anyone is interested in this they
should email cnorth@sillslegal.co.uk
for a copy of the leaflet.
Sleaford
A lot of us now rely upon social
media sites like Facebook, Twitter or
even LinkedIn. Some of us use it for
business and others use it to keep
in touch with family and friends.
However, this type of communication
can sometimes create problems
when it is used insensitively. Over the
last year we have noticed problems
with people using social networking
sites where they reveal personal
problems about themselves and the
people related to the situation. With
changing technology people have
tended to talk about their family
difficulties online which has then
caused offence and problems with
their ex partner. It is easy to post a
comment or status about a particular
problem and have many friends and
family post their views about it which
can then complicate things further.
Having many opinions from others
outside of the situation distorts the
way the problem could be solved
calmly. We would recommend anyone
to think carefully when using social
networking sites and not to use them
inappropriately. You don’t want to
inflame the situation or make matters
worse when you are already going
through family difficulties.
We have been involved in several
cases over the last few months
where people have become upset
and distressed when their personal
information has been put on different
social networking sites. It is possible
these days for anybody on the internet
to copy and paste your details and
place them on any other website so
long as you yourself has allowed the
public display of your information.
As with any website you join up to,
we strongly advise you to review your
privacy settings and adapt them to be
as private as possible. This could mean
Social Media and Family Matters
Rachel MacleanPartnerrm@sillslegal.co.uk
““
Cohabitants’ Property Disputes
Emma LawlerPartnerelawler@sillslegal.co.uk
Lincoln/Coningsby
The case of Jones v Kernott has
recently been before the Supreme
Court following a number of appeals
by both parties.
The case relates to a property dispute
between cohabitees. In 1985 the
parties purchased a property in joint
names. The couple did not make any
declaration as to how their beneficial
interest in the property should be held.
The deposit was paid for by Ms Jones
and an extension to the property was
paid for by Mr Kernott. The couple
then split up in 1993. Ms Jones and
their two children remained living in
the property, with Ms Jones taking on
full responsibility for the mortgage
payments. Mr Kernott purchased his
own property in 1995.
Over the years, the value of the jointly
owned property increased and in 2006
Mr Kernott indicated that he wished to
realise his 50% share of the property.
The following year, Ms Jones applied
to the county court for a declaration
that she owned the entire beneficial
interest in the property and that Mr
Kernott should not be entitled to any
share in it.
The Judge in the county court noted
that the house had been bought by the
couple as a family home originally and
therefore the reasonable presumption
was that their intention was to share
the beneficial ownership equally.
Ms Jones however claimed that their
intention had altered since 1993 when
Mr Kernott moved out of the property
and she took on responsibility for
the mortgage and other household
expenses. The Judge agreed with Ms
Jones and ordered that Mr Kernott
should be entitled to 10%, rather than
50%.
Mr Kernott appealed this decision
in the High Court. His appeal was
dismissed and he therefore appealed
to the Court of Appeal, who allowed
his appeal, agreeing with Mr Kernott.
Ms Jones appealed the decision of the
Court of Appeal and the decision by
the Supreme Court was released in
November 2011. The Supreme Court
agreed with the original decision of
the county court Judge, granting Mr
Kernott a 10% share in the property.
The 10% was based on the value of Mr
Kernott’s share in the property at the
time he purchased his own property in
1995. The county court Judge was of
the view that his share in the property
crystalised at this time as a result of
the couples’ conduct and intentions.
It is clear that the court can interfere in
cohabitants’ property disputes where
there is no clear indication of how
beneficial ownership should be held.
Every case will however be different
and it is important that you seek legal
advice at the earliest opportunity if you
do separate from your partner.
At present, unmarried couples are
unable to make financial claims
against each other in the same way
as those who have married or entered
into civil partnerships. Any property
dispute between cohabitants has to
be addressed with reference to strict
property law. There have been calls in
recent times for the law to be altered
for cohabiting couples. The argument
against such reform however is that
married couples have chosen to enter
into a legally binding relationship,
whereas some cohabiting couples may
have decided not to marry simply to
avoid the legal consequences if the
relationship does break down.
“At present, unmarried couples are unable to make financial claims against each other in the same way as those who have married or entered into civil partnerships.”
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10
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Edition 4
Dear S&B
I live with my partner and her son. I am
really the only father figure he knows as
his biological father has not been very
interested in him and does not see him.
My girlfriend and I have talked about the
possibility of me adopting him but I don’t
know where to start.
Adoption is one of a number of different
options open to you in this situation
depending on what is most important to
you. You can apply to adopt your partner’s
son provided that he has lived with you
for 6 months by the time you make your
application. If you wanted to make an
application you would first have to give
notice to the Adoption and Fostering
Team of your local County Council as the
court will require a report to be prepared
before it can consider making an Adoption
Order.
In your situation an Adoption Order
would have the effect of discharging
the biological father’s legal status where
the child is concerned (but not your
partner’s as mother). If he has Parental
Responsibility for the child, for the Order
to be made he would either have to
consent to it or the court would have
to dispense with the need for him to
consent. If there is a chance that the
biological father might object it would be
sensible to seek more specific legal advice
as this may prolong the court case and
have a bearing on whether you take this
course. Ultimately the court has to base
its decision on what it deems to be in the
best interests of the child. This is why it is
necessary for a social worker to look into
your family’s circumstances to advise the
court.
Dear S&B
I have recently found out that my husband
has been having an affair and I want to get
a divorce. I know the woman he had the
affair with but do I have to name her in the
divorce?
If you decide that you definitely wish
to seek a divorce, it would be open to
you to base your application on your
husband’s adultery. Assuming that your
husband admits to the affair you would
not have to name any third party. If you
did that person would become a party
to the divorce proceedings which could
complicate and delay the progression of
the divorce, therefore it would rarely be
beneficial to name anyone else.
Dear S&B
My fiancé and I are due to get married
at Christmas and this will be a second
marriage for both of us. I know that he felt
that his ex-wife got more money than he
thought she should when they divorced
and to reassure him I would like us to have
a pre-nuptial agreement. Over the years
I have accumulated a lot of credit card
debt which he is aware of but not the full
extent. Would he have to know this?
In the run up to your wedding, the
last thing either of you are probably
thinking about is divorce, however as
you have both been through it before it
is understandable that you might have
concerns. A prenuptial agreement would
set out what each of you would propose
to be a fair financial settlement in the
event that you did separate and divorce.
Helen Derry expands upon this further in
her article. Although a pre-nuptial would
not bind any court looking at this in the
future, it would be taken into account
provided both of you had the benefit of
independent legal advice and exchanged
full financial disclosure. If you withhold
any financial information when making
the agreement, any court looking at
it in the future is likely to find it a lot
less persuasive. Whether you decide to
opt for a prenuptial agreement or not,
therefore, it would be sensible to talk to
your fiancé and maybe seek some more
specific advice in coping with your debts.
The National Debt Line provides free,
confidential debt advice on 0808 808
4000 or try their website at http://www.
nationaldebtline.co.uk/
Dear S & B
Do I need to use a solicitor in respect of
my divorce?
If you can afford one then it is better to
have one and it may cost you more in the
long run if you do not do so.
In relation to divorce proceedings many
people are now trying to do it themselves
or online. We see many cases where
people come in when they have either
started the process themselves or online
and it has become necessary for them to
get help. This can ultimately cost more
and result in delay. We do offer a fixed fee
divorce service and suggest you consider
our earlier article for more information
about this process.
In relation to the financial aspects of your
separation, we strongly recommend that
you obtain legal advice. To have a binding,
enforceable settlement you need to have
full disclosure of your respective financial
positions and a Court Order confirming
the terms and if appropriate dismissing
future claims. The drafting of a Consent
Order needs to be done carefully. It is
important to remember that without an
Order dismissing future financial claims,
your respective claims against each other
will remain open, unless the remarriage
trap applies. This is often considered
unsatisfactory, for example, your spouse
could make a claim against your home,
Questions & Answers
Mo Hayes Partnermhayes@sillslegal.co.uk
Gainsborough/Lincoln
pension or capital in the future, particularly
if your circumstances improve. You must
also be aware that if one of you remarries
prior to lodging an application with the
court for financial issues to be dealt with
then you may lose your right to claim
against your former partner in the future.
There are, however, many things that you
can do to limit the cost. The more you and
your spouse can agree the better. This
should only be done once there has been
an exchange of full and frank financial
information.
Mediation or collaborative law can assist in
helping you reach an agreement and then
it will simply be a matter for the lawyers to
put that agreement into a binding order to
be placed before the court.
At Sills & Betteridge we can offer you a
bespoke service dealing with all matters
on your behalf or simply provide you with
advice on an as and when basis. If you
are still on good terms with your spouse
and you are able to discuss these matters
either direct or in mediation we can then
convert any agreement that you reach,
after giving advice, into a consent order to
be placed before the court.
How much you use your solicitor depends
on whether you remain on reasonable
terms with your partner, the nature and
extent of your assets and your own
confidence in dealing with such matters.
It remains, however, strong advice that
you always do seek legal advice in relation
to financial matters before you agree a
financial settlement.
(The Sills & Betteridge Family Team at Christmas Party 2011)
11
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I hope you enjoyed this edition. As with everything we do, we welcome your feedback, so if you have any comments on this issue please send me an email at: hd@sillslegal.co.ukSills & Betteridge is a trading name of Sills & Betteridge LLP. Sills & Betteridge LLP is a limited liability partnership registered in England and Wales ( Registered number OC339586) and is regulated by the Solicitors Regulation Authority.
The term partner is used to refer to members and certain employess of Sills & Betteridge LLP. A list of the members’ names is available for inspection at the registered office: 46 Silver Street, Lincoln, LN2 1ED.
The contents of this document are copyright © Sills & Betteridge LLP. All right reserved.
All questions in the questions and answers article and case studies are fictional and any similarities to any individual case is coincidental
The contents of this magazine are intended for general information only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of articles printed in our magazine
Helpful OrganisationsHelen Derry Partnerhd@sillslegal.co.uk
Lincoln
Domestic Violence Lincoln Women’s Aid and Refuge 01522 510041 Boston Women’s Centre 01205 311272 Lincolnshire Police 01522 532222 National Domestic Abuse Helpline 0808 2000 247 Forced Marriage Unit 020 7008 0151 Honour based Violence/forced Marriage Karma Nirvana 0800 5999 247 Broken Rainbow 08452 60 55 60 Men’s Advice Line 0808 801 0327 National Victim Support 0845 30 30 900 NSPCC/Childline 0808 800 5000 Elder Abuse Response Line 0808 808 8141 Lincoln Victim Support 01522 542 687 Boston Victim Support 01205 359759 West Lindsey’s Women’s Aid 01427 616 219 Grantham Women’s Centre 01476 561 131 Women’s Aid South Holland (W.A.S.H) Spalding: 01775 720 400 Holbeach: 01406 493 222 West Lindsey: 01427 616 219
Breakdown and Seperation Relate www.relate-lincs.co.uk relate Lincolnshire 0845 6046206 Lincoln & Boston 01522 524922 Grantham 01476 592921
Housing Citizens Advice Bureau 08444 994199 Shelter 08088 004444 Council Housing Lincoln City 01522 881188 West Lindsey 01427 676676 North Kesteven 01529 414155 South Kesteven 01476 406080 South Holland 01775 761161 Gainsborough 01427 676676 Skegness/Mablethorpe 01507 601111 Boston 01205 314200 Longhurst Housing Association 0800 111 4013 Boston Mayflower Ltd 01205 318500
Debts Problems Citizens Advice Bureau As mentioned National Debt Line www.nationaldebtline.co.uk 0808 808 4000 Legal Services Commission Debt & Benefit Helpline 0845 3454345
Welfare Benefit Problems Citizens Advice Bureau As mentioned
Child Abduction Reunite www.reunite.org 0116 2556234 or 0116 2555345 Constitutional Affairs International Child Abduction and Contact Unit 020 7911 7045
Other Helpline/ Resources Resolution www.resolution.org.uk 08457 585 671 Parent Line Plus www.familylives.org.uk 0808 800 2222 Samaritans www.samaritans.org 08457 90 90 90 Childline www.childline.org.uk 0800 1111 NSPCC Helpline www.nspcc.org.uk 0808 800 5000 NHS Direct www.nhsdirect.nhs.uk 0845 4647 Mental Health Foundation www.mentalhealth.org.uk 0207 803 1101 Alcoholics Anonymous www.alcoholics-anonymous.org.uk 0845 769 7555 Al-Anon/ Alateen (Help for families and friends of alcoholics) www.al-anonuk.org.uk Cafcass www.cafcass.gov.uk National Youth Advocacy Service www.nyas.net 0800 616 101 One Parent Families/ Gingerbread www.gingerbread.org.uk 0800 018 5026
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