Alcohol testing within family law proceedings

In some situations, allegations are made between parents as to the consumption of alcohol. Where there are concerns of this nature, often contact between children and the accused parent is limited until clear evidence as to the sobriety of the parent is established.

Our Top FAQs - A Useful Reference if Considering a Divorce

We have set out below some of the questions which are frequently asked when someone is considering or facing divorce or other breakdown of a relationship. We hope that these answers provide a useful starting point for you and help point you in the right direction for further assistance.

None of the answers amount to legal advice in any particular circumstances and you must, of course, seek your own legal advice on your own situation.

If there is any question that you would like to have seen answered on this page, please email me, Richard Owen-Thomas on This email address is being protected from spambots. You need JavaScript enabled to view it. and I will add it on the next update.

Are you a Victim of Domestic Violence? Get Help Today

It is a sad fact that nearly 25% of women and 16% of men become victims of domestic violence at some point in their life and many of these people are unknown to authorities and suffer in silence.

Are you facing a No Fault Divorce?

Clients often ask what to do in situations where their marriage has broken down but it is not necessarily the fault of either party.

Are you staying together for the sake of the children?

If you are at a point where you desperately want to separate from your spouse, but are feeling you can’t make the break because of the impact it will have on your children, then you are not alone.
However it may surprise you that a poll conducted last year by ComRes on 514 young people actually revealed that 82% of children aged 14-22 stated that they would rather their parents split up if they are unhappy.

Autism and Shared Parenting

There are approximately 700,000 people in the UK with Autistic Spectrum Disorder (ASD), according to a study by the NHS. This means that ASD affects 1 in 100 people, and affects individuals as well as families. Individuals with an ASD can be anywhere on the spectrum, and symptoms vary. Whilst there are urban legends that 80% of marriages end in divorce when there is an autistic child in the family, the reality is that divorce in a family with autistic children is no less likely than between parents of children without autism.

Can I ask my child’s other parent to pay towards the cost of school trips and extra-curricular clubs?

Children so often want to attend clubs such as brownies, football or art classes and go on school trips which require a financial contribution from parents, but how as parents should we discharge those costs?

Can I Get Divorced in Self-Isolation?

In these uncertain times, many people are exploring a new world of home working, virtual meetings, and chatting with friends on a screen instead of in the local coffee shop.

Can I have a No-Fault-Divorce?

On the 26th of June 2020, the Divorce, Dissolution and Separation Act 2020 received royal assent and became law.

The aim of this piece of legislation was to introduce the concept of “no fault” divorce into English Law. However, the current timetable for its implementation is estimated to be “Autumn 2021”.

Can I take my child abroad without the other parent’s consent?

We are often asked who can take a child out of the UK on holiday and whether the consent of both parents is required.

Can I take my children out of the country?

If both you and the other parent of your children have parental responsibility, and there are no orders or any restrictions in place, then neither of you can take the children abroad without the written consent of the other.

Can the Court decide who the children should spend Christmas with?

For many, the period up to Christmas is one of the busiest times of the year and being able to plan is essential to preparing for a happy holiday. This year in particular, it has never felt more important to be able to enjoy time with loved ones. Unfortunately, for separated parents this can also be one of the most difficult times for co-operation. Stress and tensions can be high, which leads to disputes over when and where the children should spend their time over Christmas.

Changing Your Childs Surname Following Divorce

I have a minor son from a previous marriage and I want to change his surname, what do I do?

Child Arrangements and Coronavirus. What Should I Do?

With the spread of the Coronavirus and government’s recent decision to close schools to all children other than to those of key workers, many separated parents are understandably confused and worried about childcare arrangements and the risk of illness. The most important thing is keep open good lines of communication between both parents and to remain focused on the best interests of the children.

Do I still need to pay child maintenance if my children spend 50% of their time in my care?

Even if your children share their time equally between you and your ex-partner, you may still be liable to pay or receive child maintenance.

The Child Maintenance Service calculate the sum to be paid between parents by firstly considering who is the party to receive maintenance. Usually, the paying parent is the parent who does not have the day-to-day care of the children. If however, the parties equally share the care of their children, they will look at which parent is registered with the HMRC to receive Child Benefit. The parent not registered to receive this would be deemed as the paying parent.

Courts in a Coronavirus Pandemic – The Fallout

It is no secret that 2020 has been a difficult year for everyone. The Family Justice system was already under strain with higher numbers of children applications being made each year than the year before.

As a result of the pandemic many people found that their hearings in March or April were suddenly vacated only to be relisted later on in the year as a remote hearing, either by telephone or by a video call software such as Microsoft Teams, Zoom or CVP.

Creating a Parenting Plan - Put your children first

Going through a marital breakdown is a stressful and emotional period for all the family, and sometimes it can be difficult to focus on the emotional needs of your children when you are feeling in such a turmoil yourself. It is, however, really important to listen to your children and ask them how they feel and what is worrying them as their feelings could be different to yours, and how you respond can significantly affect their wellbeing.

Division of Assets on Divorce: Can my Spouse Take me to the Cleaners?

The pressing question for most people facing a divorce is what financial consequences they will face post-divorce.

You don't have to go to Court to resolve marital disputes

My ex-partner and I disagree over arrangements for our children - Do we have to go to Court?

No, a court application is only a last resort if you can’t reach agreement by another method. First you should try discussing things directly with your ex but if this doesn’t work, a mediator may be able to help. A mediator is a neutral third party who can help you both understand your differences and reach a compromise.

Do we need to wait 2 years before getting divorced?

We often meet with clients who are under the impression that they have to wait for 2 years to pass before they can get divorced. Clients also regularly believe that by waiting this 2 year period the divorce process itself will be quicker and cheaper. This is simply not correct and is often not the most sensible way for clients to proceed.