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Children – custody and children's wishes and parental influence
In the case of EWHC 517 (2016) the Court considered the Father's application for his 13 year old son to be returned from Ireland.

The Mother and Father had separated in 2007, whereupon the Father moved to Dublin.

There were two children of the relationship, A, who was 13 years of age and B who was 19 years of age.

In 2012 Care and Private Law proceedings were issued.

An Order was made providing for Child A to live in Dublin with his Father and Grandparents.

B lived with his Mother in London.

In January 2016, Child A visited the Mother in England, but did not return to Dublin.

The Father applied for A to be returned to Dublin.

Child A was joined to the proceedings.

Child A stated that he did not wish to return to Dublin as he did he would be exposed to physical or psychological harm.

The Father provided an undertaking confirming that if Child A returned to Dublin, he would stay with his parents until the issues relating to A had been resolved.

The Court considered that A's Mother and brother had a significant influence on his reasons for not wanting to return to Dublin.

It was felt that if Child A remained in England with the Mother, there was a risk further chaotic incidents would occur, as they did in 2012 when care proceedings were issued.

Therefore, the Court ordered that Child, A, should return to Dublin. This was on the basis adequate arrangements were made to protect the child when he returned, which had been satisfied by the Father's undertaking to allow the child to stay with his parents.

If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.

Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.


Click here for Hart Reade Family Law Solicitors


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No increase to rates of SNP, SAP, maternity allowance SSP etc in April 2016
The amount the government pay in respect of statutory maternity pay (SMP), statutory paternity pay (SPP), additional statutory paternity pay (ASPP), statutory adoption pay (SAP), statutory shared parental pay (SSPP), maternity allowance (MA), and statutory sick pay (SSP) is normally increased in April of each year in line with the consumer prices index. However, in September 2015 the index showed a fall of 0.1% over the previous year. The government is therefore proposing that there will be no increase to the rates of these benefits and they will remain at their current level until April 2017. The current levels are as follows:-

• Standard rate statutory maternity pay will remain at £139.58 per week
• The rate for ordinary and additional statutory paternity pay, statutory adoption pay and statutory shared parental pay will also remain at £139.58 per week
• The rate for maternity allowance will remain at £139.58 per week
• The rate for statutory sick pay will remain at £88.45 per week

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Landlord fined for Gas Safety Failures
A recent case shows the importance of Landlord’s obligations when managing a property.

The Landlord was fined £11,000, plus costs of £880, for allowing a gas boiler in the home he was renting out to tenants to become dangerous and put the tenant’s lives at risk.

After several failed attempts from the Council to obtain a gas safety certificate from the Landlord, an Improvement Notice was then served on the Landlord requiring him to undertake the boiler check and maintenance. However, this was also ignored.

Only when one of the tenants in the building called a gas engineer were serious problems with their boiler discovered, this was deemed ‘immediately dangerous’ by the Gas Safe registered engineer and could have caused an immediate danger to life or property.

The obligations imposed on a Landlord are important and the appropriate safety procedures must be adhered to.

If you are thinking of investing in property, or you already own property, and you require advice on your duties and obligations, please contact a member of our property department.

Please click here for more information regarding Landlord and Tenant, and Residential Property.

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