Why should I use a counsellor alongside my matrimonial solicitor?
Our clients can find dealing with their divorce, or trying to sort out their children’s arrangements really stressful. Clients are often anxious about their legal costs – even where it’s not contentious or acrimonious. This might especially be true during
Divorce applications have increased since no fault divorce was introduced.
The Divorce, Dissolution and Separation Act 2020 reformed the divorce process to remove the concept of fault. Many felt that divorce law was out of touch, particularly following the 2018 Owens v Owens case where the courts refused a contested
Plan ahead for school holidays
Don’t wait until school holiday are here before you think about your parenting arrangements and plans for the summer! School holidays bring a change of routine, and living arrangements that work well in term-time can prove inadequate or problematic in
Life is for the living, and so is divorce litigation, says UK Supreme Court
It is a truth universally acknowledged that a legal commentator in possession of a Supreme Court judgment in a long running case, must be in want of a reference to Jarndyce v Jarndyce. That much quoted case created by Charles
Mandatory mediation – Out of Court Options
The Ministry of Justice has carried out an open consultation and supports earlier resolution of private family law arrangements. One of the options considered is mandatory mediation. However, there are organisations such as Resolution that have warned against Government proposals
“Take A Hike” Another Increase in Interest Rates
This lunchtime a further rate increase in the interest rates was announced by the Bank of England taking rates to 5 %, the highest they have been in 15 years since 2008. For anyone with a mortgage this is a
Changes in Legal Aid in Special Guardianship cases
There has been a very welcome recent change in eligibility for Legal Aid for those involved in Special Guardianship Order (“SGO”) applications. Legal Aid has been extended, so that from 1st May, all those with parental responsibility are entitled to
Help for separating parents in the Court Process
Until recently, parents who could not reach agreement on their child or children’s arrangements, and who were involved in the court process, could find themselves referred by CAFCASS onto a SPIP Course – or Separated Parents Information Programme. Recently this
Ruth Sharon supports Paraguay Protects Families
As a consultant solicitor specialising in care proceedings and all aspects of child protection, I also work internationally to help governments and judiciaries improve their child protection procedures. Most countries have good laws in relation to vulnerable children. The problem
Separated Parents and going on Holiday
It is that time of year, with Christmas behind us that we start to plan the forthcoming year and the possibilities of going on holiday. If you are a separated parent, there are a few matters that you need to bear
Family Mediation Week
Family Mediation Week 16th to 20th January 2023 By Karen Newman and Ruth Hawkins Family Mediation week is taking place from 16th to 20th January 2022. The objective of Family Mediation week is to raise awareness of mediation and how
Mental Health Awareness
One in four people will experience a mental health issue at some point during their lifetime. For most, this will be a short term and usually successfully treated using many techniques from medication to self-help. The most common of all
Financial Agreement on divorce – What you need to know
How do I get a financial agreement? To obtain a financial agreement, it is recommended that you obtain financial disclosure before entering into negotiations towards a financial settlement. A financial agreement or settlement will include how you are going to
Financial Disclosure on divorce – Frequently asked questions
If you are in doubt about how to complete a Form E – Financial statement or you have further questions regarding financial disclosure, or for further information contact Karen Newman or one of the team by contacting BH&O either by telephone or by email
Marriage Breakdown and the Menopause
Did you know that 7 out of 10 marriage or relationship breakdowns can be attributed to the menopause? Divorce in the older age group is increasing, with many frequently citing Menopause as the reason, stating that their symptoms affected their
Helen Bishop to head BH&O matrimonial department
Boardman Hawkins & Osborne LLP are delighted to have appointed Helen Bishop to head their matrimonial department. Helen will lead the team consisting of lawyers Karen Newman, Amanda Stopps and Stuart Webber, all of whom have growing reputations in matrimonial
BH&O: 4 years and counting!
1st September marks our 4th Birthday. What have we achieved over those four years? When Emily, Irena and I opened four years ago, we had a team of 8, with pa Lois joining us a few weeks in, making us
World Mental Health Day
World Mental Health Day (10 Oct) is a day to talk about mental health and show everyone that mental health matters. It is also a day to let people know that it’s okay to ask for help, no matter what
Cost of Living Crisis and the effect on Financial Proceedings.
The current economic instability has thrown us into yet another set of unprecedented times, after just coming out of a 2 year pandemic. It has created worry for many, with the increase of costs from food to Petrol, Diesel, Gas
What is a parenting plan agreement?
A parenting plan agreement, is a written agreement that is negotiated by parents after they separate, setting out the arrangements for their children and setting out the arrangements in relation to practical issues regarding their children with the aim of
Reflections on National Adoption Week
I am a trustee at Adoption UK and I am a family solicitor. I represent birth families and children in care proceedings, and adopters in adoption proceedings. I think these various roles put me in an ideal position to reflect
The Somerset case – Part two
In February I wrote an article that summarised the first Judgment in relation to the Somerset cases of non-compliant placement orders. The President of the Family Division has now published the Judgment in relation to the second case and this
The Somerset case on non-compliant Placement Orders
See also: The Somerset case – Part two In November 2021 a case went to court that has sent shock waves through the professional adoption community. Somerset County Council were seeking a declaration in relation to ten cases where Adoption
Private FDR’s
In Matrimonial Finances when proceedings are issued, there are typically three potential hearings, the second of which is known as the Financial Dispute Resolution Hearing the “FDR”, which is an opportunity for the parties to set out their financial position
The No Fault Divorce – The Big Family Law Shake Up
The No Fault Divorce – The Big Family Law Shake Up… And not a day too soon! It is exciting time for us as family lawyers after years of the profession petitioning for change, one of the biggest reforms in
Legal Aid for Family Law Matters
Getting Help to Pay for Legal Costs Irena Osborne UPDATED October 2023 Legal aid is the use of public funds to help to pay for legal advice, family mediation and court representation. The Legal Aid Agency is in charge of administering legal aid on behalf
Digital Divorce – The Way forward
Digital divorce portal becomes mandatory on the 13th September 2021. For further information contact Karen Newman or one of the team by contact BH&O either by telephone or by email
Parenting through separation – a new guide for separating parents
If you are a parent thinking about divorce or separation, one of your biggest worries is likely to be about your children: where they will live, and how they will continue to have a meaningful relationship with both parents. Resolution
No Fault Divorce
On Monday 07th June, in answer to a Parliamentary question, the government committed to the introduction of the new no fault divorce being up and running on the 6th April 2022. This is later than anticipated, but it provides a clear committed
101 Questions Answered When Separating With Children
Boardman Hawkins & Osborne have decided to provide our clients, prospective clients, and anyone accessing our website with access to 101 Questions About Separating with Children. We recognise that so many issues may present themselves to parents in these situations,
Lockdown being exploited to stop child arrangements
The BBC has reported separated couples have been exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child. The head of the family courts Sir Andrew McFarlane has said such parents could face court action. Sir Andrew McFarlane
Court rules – financial claims cannot be avoided
A High Court judge has described a family at the centre of a high-profile £450m divorce battle one of the unhappiest ever to have appeared in her courtroom. Mrs Justice Knowles quoted Leo Tolstoy’s Anna Karenina: ‘All happy families are
Applying for a Child Arrangements Order without a lawyer
A Child Arrangements Order is an order that sets out arrangements for a child – that is most commonly where they live (previously called residence or custody) or who they spend time with (previously called contact or access). https://www.gov.uk/looking-after-children-divorce/types-of-court-order Legal
Ground-breaking Judgment on Domestic Abuse cases in Family Law
The long awaited judgment on four linked appeals heard by the Court of Appeal has now been handed down. The Judgment is likely to have a big impact on the way that the family court treat allegations of domestic abuse and
Co-parenting tips.
Regardless of whether you are married, divorced, or separated, co-parenting is never easy when you and other parent have different ideas and views surrounding parenting. It can become extremely challenging when you have separated, and you may not be on
International Women’s Day 2021
International women’s day this year must for many working women take on a greater significance? Most of us have spent the last 12 months going through so many different phases and back again! Homeschooling, Lockdown, ‘rule of six’, working from
Civil legal aid – changes for eligibility
It has been a long time since the Legal Aid Agency made any changes to the way means eligibility for legal aid is calculated. The rates and figures and calculations used for financial eligibility have not changed for many years,
“The Harm Report” – A glimmer of hope for change
The much awaited Expert Panel Report of June 2020 – Assessing the Risk of Harm to Children & Parents in Private Law Children Cases– commissioned by the Ministry of Justice gives both practitioners and Domestic Abuse survivors a glimmer of
No fault divorce: the beginning of the end for the blame game
How? The Divorce Dissolution and Separation Act 2020, which was passed into law on the 25th June 2020. What is it? It introduces “no fault” divorce in England and Wales for the first time. When? It is anticipated it will
Family Mediation Week 18th to 22nd January 2021
Family Mediation week is taking place from 18-22 January 2021. The objective of Family Mediation week is to raise awareness of mediation and how it can help separating families manage their issues constructively and non-confrontationally. Mediation can deal with all
Alternatives to family litigation
As Court delays are here to stay, you could try alternative dispute resolution. It has recently been reported in a leading legal journal, the Gazette Online, that Her Majesty’s Courts & Tribunals Service estimates that private law family cases may
Brexit Alert
Are you are in the process of contemplating a divorce? Have you issued a divorce petition, and in negotiations over your matrimonial finances and/or the arrangements for your children? If you are, you need to consider whether there is any
Christmas cheer – especially this year!
The team at BH&O have been working harder than ever throughout this year but still had time to do some charity work for those less fortunate. Throughout November and December, we have been collecting gifts and also acting as a
Christmas for parents that are separated
Christmas time… Christmas is a difficult time for parents that are separated in a ‘normal’ year. The COVID pandemic has created another level of worry and uncertainty in relation to whether families can be together or not. Whilst this is
Family mediation – working together to resolve your family issues.
When you separate, there are often a whole host of issues that you need to consider, and if possible resolve, especially where children are involved. Finances, arrangements for the children, living arrangements including urgent ones, what happens to the family
Collaborative Law – a slightly different approach.
I want to leave my relationship but can I avoid going to court? Yes, there are various ways you can resolve family law disputes. In family cases the most common are direct negotiation through solicitors, mediation and collaborative law. It
Good Divorce Week is coming
During the week 30th November 2020 to the 4th December 2020, we will be supporting Resolution’s Good Divorce Week. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.
Can my Ex’s behaviour be taken into account by the court in our matrimonial finance cases?
Can conduct be taken into account in financial proceedings? Yes, it can. But, (there is always a but!) it depends on the circumstances of the case. Conduct is one of many factors the court can take into account when deciding
Economic abuse has increased as a result of the Covid-19 pandemic
It has been reported that 8.7 million people are experiencing economic abuse in their current or former relationship. 1.6 million reported this as a result of COVID-19 pandemic.The figures are revealed in the report Know Economic Abuse published by Co-operative Bank and Refuge. The Know Economic
Kinship care: What order do I need?
At BH&O, we know what a great job many grandparents, aunts and uncles and relatives are doing in looking after children who might otherwise be in the care system or placed for adoption. Almost every week we get a call
2020 ~ The year of flexibility and hitting the ground running!
Well so far this year has been somewhat different to what we all had planned. Back at the start of the year, we could not imagine how we would all have been affected by the global pandemic of Covid-19. I
Grandparents Day: 6th October
Grandparents Day approaches this weekend and this year, it must surely take on a greater significance? We are in the middle of a pandemic, and the country is facing stricter restrictions on who we can meet and where we can
3 Ock Street; the home of BH&O
When we formed this firm just over two years ago, whilst we set out to establish a modern, innovative law firm for the 21st Century, we did so in a very historic building, in Abingdon, which also happens to be
Completing my apprenticeship
During August, I completed my apprenticeship. I came to Boardman, Hawkins & Osborne LLP in May 2019 to start an apprenticeship in business administration at NVQ level 2. The apprenticeship was through Abingdon & Witney College. My apprenticeship was due
Two years in
(aka ‘Lawyers in Lockdown’)
2020 has been an odd year for us all but on 1 September BH&O LLP turns two years old. Like other lockdown birthdays it’s hard to know how to celebrate but it’s an anniversary we want to mark. In 2020
Separation and parenting through the pandemic: key questions answered
Irena and I are delighted to have contributed to this new book, a supplement to last year’s 101 questions answered about separating with children. The book has been produced by Only Mums and Only Dads and has been published by
The New Face of Divorce – The No Fault Divorce
As a family solicitor I have been observing the passage through parliament of “The Divorce, Dissolution and Separation Bill”, and was delighted to see that on Wednesday 17th June, despite the current Covid-19 crisis, the bill successfully concluded its journey
Divorce and Matrimonial Finances in the midst of Covid 19
The last 8 weeks has left us all feeling shocked, anxious and scared at times, with every one of our lives being severely impacted by the government restrictions, the fear of the infection, home education and for many, the financial
Help with domestic abuse during the current Covid-19 crisis.
Last week the Oxford Mail very helpfully ran an article on how to get help with domestic violence in Oxfordshire. No doubt during this difficult time we will all have seen articles and news about an increase in domestic violence
Covid-19 Update for Child Arrangements 30.03.20
We have now had our first weekend living with the stringent instructions laid upon us by the Government. The strict instructions are made with good reason, and it is imperative we all follow them carefully for the safety of ourselves
Urgent Covid-19 – Child arrangements update 24.03.20
As each and every one of us are aware, the Prime Minister had to go one step further last night to try to slow the spread of the Covid-19, and asked us all to stay at home. Overnight there have
How will the Corona virus affect our child arrangements? Update
In the last 7 days, the changes to our country have been unprecedented, and to us all quite overwhelming. In the most relaxed of households, the strain will be showing, as children are now at home for the foreseeable future,
How should I talk to my child about Covid-19?
Top tips to help parents. Much of this is based on an article published last week by UNICEF Australia, but I have also given it my ‘take’ and also sought some input from Lorinda Gamlin, one of our associated counsellors.
Coronavirus update
As a firm we are continually monitoring the coronavirus outbreak, and considering what contingency measures we may need to put in place should the situation escalate. We obviously hope that such measures will not prove necessary. However, we are determined
How will the Corona virus affect our child arrangements?
Updated information can be found in our update How will the Corona virus affect our child arrangements? Update Available here. We are now all in unchartered territory with the Corona virus, and it is a very worrying time for all
What is it like giving evidence in court?
Top tips for giving evidence in court. Giving evidence can be a daunting experience – how can we help you? Sometimes clients get frustrated with their lawyers as they expect the lawyer to tell them the questions they will be asked
Re W – a successful appeal against a placement and care order (and a costs order against the LA)
Article originally published on transparencyproject.org.uk The background The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and
The first meeting with your solicitor – what to expect and how to prepare
Coming to meet your Solicitor for the first time might feel like a nerve wracking prospect – “what will they be like?”, “will they be easy to talk to?”, “what questions will they ask me?”. The first meeting is a
Family Mediation Week – Busting some myths!
Family Mediation Week has come around again. But what is family mediation? Put simply, it’s a way of resolving disputes which have arisen upon separation, or of deciding how to organise your lives separately. I believe that it can be
Co-Parenting at Christmas
Christmas is a very busy period and can be very stressful for all of us, but is particularly stressful for those families who are separated and the children have to share their times between two homes. So how do you
Kinship care week
5th to 11th October is Kinship Care week. At BH&O, we know what a great job many grandparents, aunts and uncles and relatives are doing in looking after children who might otherwise be in the care system or placed for
BH&O supporting
Happy Even After: a play about domestic abuse
Last night BH&O sponsored the launch of a new play written by local play-write Gaye Poole, Happy Even After. Human Story Theatre Company have been working with a number of partner organisations including Thames Valley’s Reducing the Risk, A2 Dominion,
Appeal, revoke or discharge? How to get your child back after care proceedings conclude.
One of the most common enquiries we get is from birth parents who want to challenge a decision to remove their child permanently. They phrase it in many different ways but in essence they want to know how to stop
BH&O – a young firm, in touch with our heritage!
When Emily, Irena and I started planning this firm, we wanted to create a modern thinking innovative specialist family law firm. We think we have succeeded. But little did we know when we started our planning, that we would end
The Family Law Awards 2019
Yesterday was the first anniversary of opening this firm and I could not be prouder to announce that we have been named as a finalist in the Family Law Awards 2019 in the category of Family Law Firm of the
A public inquiry into the family justice system?
First published in Family Law “Call for inquiry into abusive parents’ access to children” was the story on the BBC website on Thursday (15 May). It plugged a feature on the BBC’s Victoria Derbyshire programme. For early birds the story
Why bother with a pre-nup?
Prenuptial agreements do not bind the courts in England & Wales. This is because the courts have a wide discretion in deciding what the financial outcome of a couple’s divorce might be. So what is the point of a pre-nup?
Why are we excited about in-house therapeutic services?
I remember many years ago hearing about a firm who were offering clients therapy alongside their divorce. It was a long time before Ruth, Irena and I decided to open Boardman, Hawkins & Osborne but it stayed with me. I
How to deal with a spouse who is not responding to a divorce petition
…on a gloomy April (or any other) day. I am writing this article on a rainy April day the mood of which is captured by Mathilde Blind In her poem April Rain: “The April rain, the April rain, Comes
How do you own your Home?
If you purchase your property with your partner there are two ways you can own the property. It is important that you know and understand the differences, as the type of ownership affects what you can do with the property
Great Legal Bake Off
Boardman Hawkins & Osborne are delighted to be taking part in this year’s Great Legal Bake Off, organised by the Access to Justice Foundation. We are able to nominate our fundraising to go to local advice charities, so anything we
Transparency in the family courts and a trip to the Court of Appeal
Lawyers like the Court of Appeal. The Judges are experienced, engaged, always ask insightful questions and keep the advocates on their toes. The building (The Royal Courts of Justice) is beautiful, imposing, full of history and visiting it feels like
Can I appeal my child arrangements order?
You’ve been to court about a child arrangements order and it hasn’t gone well. What next? The first thing to say is that if the court has made a child arrangements order, you are bound by the terms of it
101 Questions Answered About Separating with Children
Ruth Hawkins has contributed to this New Book 101 Questions Answered About Separating with Children With legal aid drastically cut back BH&O LLP are delighted to be supporting a national, not-for-profit social enterprise working to provide accessible support to families through the difficulties
Family Mediation Week
This week (21st January) is Family Mediation Week. It is designed to highlight and raise awareness of the benefits of using family mediation to resolve family disputes and issues rather than the more traditional, often more conflicting, approaches involving court
January 2019 updates: Family Law and Brexit
As we enter a New Year it is a time for reflection and to look forward to the coming year, and Family Law is no exception. 2018 saw some high-profile family cases in the English Courts some of which have
What happens to the wider family when parents separate?
It’s that time of year when families come together, and grandparents and aunts and uncles get to see more of their grandchildren and nieces and nephews. But what happens when parents have separated? It obviously depends on the circumstances, but
Paying it forward…. or giving back to clients and our community.
We’ve now been open for three months. It’s been a very busy period, which Emily has already written about. But we have not forgotten that when we planned BH&O, we wanted to do things a little differently, and not lose
What to do if you are accused of causing injuries to your child
I first wrote this article in 2018 and I am updating it because parents still need this advice, and they need it early. This article is about what you should do if you find yourself in hospital with your child,
Tips for managing Christmas for separated parents
Co-written by: Ruth Hawkins, Solicitor & Mediator, Partner and Helen Bishop, Consultant Solicitor Christmas is a time of year where all the family try to spend time together. With all the arrangements and preparations it can be stressful for any
Two months in…
On 3 September 2018 Ruth, Irena and I opened this new firm – Boardman, Hawkins & Osborne LLP. The opening date of a new law firm represents the end of a very long road of preparation in fact, and not
A crying shame…?
By Ruth Hawkins A report published this week by the Children’s Commissioner for England, suggests there are 15,800 babies under the age of one year considered by local authorities to be vulnerable or highly vulnerable and at risk of harm,
Civil Partnerships for all!
By Ruth Hawkins As has been reported in the media, the Prime Minister, Theresa May, has announced that the government plan to change the law to allow members of the oppositesex to enter into civil partnerships. Civil partnerships were created
New guidelines for difficult family disputes: tackling parental alienation.
When parents separate, arrangements for their children, can be hard to agree. It can be particularly hard where a child starts refusing to see their other parent. This autumn, new guidance is being introduced to help with these cases. This will consider the possibility a child has been deliberately turned against one parent, by the other.
A new family law firm for Oxfordshire
On 3 September 2018 Emily Boardman, Ruth Hawkins and Irena Osborne are opening a new family law firm in Abingdon, Oxfordshire. Boardman, Hawkins & Osborne LLP (BH&O LLP) is a niche family practice offering legal advice, representation and mediators who
