Family Blog
In the Family department at Martin Kaye solicitors, our day-to-day
work involves dealing with a diverse range of family related problems. The
breakdown of relationships can throw up a number of issues, including the
practical arrangements for the children after their parents separate.
The Courts view is that a child has the right to continue to
have a meaningful relationship with both parents, providing it is in the
child’s best interest.
The first issue to resolve is who will the children live
with. In reaching a decision, it is important for parents to consider
arrangements that will provide the children with the least disruption and one
that will promote security and routine.
Arrangements can be made for the children to spend time with
parents directly or indirectly, depending on what is in the best interests of
the children. Indirect contact may include telephone or letter contact.
The Court is not always involved in making decisions about
who the children should live with, or how much time they should spend with
parents. At Martin Kaye solicitors, we explain the options available to parents
and give them the confidence to reach a decision that promotes working together
in the interests of the children.
If you are on speaking terms with your former partner, you
may benefit from attending mediation to resolve issues concerning the children.
Mediation offers parents the opportunity to talk to each other in relaxed
surroundings where they can discuss matters, with a third-party offering
assistance. A mediator won’t tell you what you should do but will offer suggestions
for you and your former partner to consider.
Where an agreement cannot be reached amicably, parents may
need to call on the Court for assistance. It may be that one parent is
concerned about the lifestyle of the other parent and the impact this may have
on the children. It is important that any time the children spend with parents
is safe and, in the children’s best interest. The Court will call on the
experience of CAFCASS (Children and Family Court Advisory and Support Service)
who will focus on the welfare of the children and act on their behalf.
Although Legal Aid is not generally available within family
proceedings, if you are a parent who has experienced domestic abuse in your
relationship, you may be eligible to receive Legal Aid.
Martin Kaye solicitors are members of Resolution and are
committed to the constructive resolution of family disputes. We follow a Code
of Practice that promotes a non-confrontational approach to family problems and
encourages solutions that consider the needs of the whole family, and
particularly the best interests of the children.
Our Family department offer a free initial appointment
at our offices in Telford, Shrewsbury, and Wolverhampton. Please contact a
member of the Family team on 01952 272 222.
It is bad enough when customers do not pay invoices, yet businesses then have to incur costs in pursuing bad-payers.
It is often thought that the costs of recovery action cannot be claimed. True that in most types of legal claim, legal costs cannot be recovered if the claim is resolved before court action becomes necessary; or where court action is started but matter is allocated to the small claims’ track (usually for claims below £10,000 in value).
However, there are special rules that apply to business-to-business debts. Under the Late Payment of Commercial Debts (Interest) Act 1998, a business is entitled to a fixed sum of between £40 and £100 depending on the value of the debt claimed. If that fixed sum does not cover the actual costs that have been incurred, the business will be entitled to “the reasonable costs of the supplier in recovering the debt”. This is the case whether or not court proceedings have been started, or if they have been allocated to the small claims track.
This is an under-utilised provision meaning that the reasonable costs incurred by a business collecting in bad debts can be added to the debt, so as not to leave the business out of pocket.
If you would like to speak to somebody about any sort of Litigation, please get in touch with our Commercial Litigation team today on 01952 272222.
