What to Do When a Parent Refuses to Return a Child

The idea of an ex-partner refusing to return your child is enough to flood any parent with worry and it can be a very emotional and stressful situation.

When a parent refuses to give back a child, many people’s first instinct is to ensure their safe return as quickly as possible and by any means necessary.

Unfortunately, it is not always as simple as demanding their return or calling the police and, therefore, it is important you take a clear-headed approach and follow the correct legal steps.

In this blog, we are going to look at what those legal steps are and how you can use them to have your child returned. Before we move on to the process, it is worth highlighting the obvious.

In any situation where legal action needs to be taken quickly and effectively, it is important to speak to an expert solicitor. While the information below will go a long way to ensure you understand what recourse you have, there is no substitute for professional advice specific to your situation.

Who Has Parental Responsibility?

An important part of identifying what you can do to recover your child is understanding who has parental responsibility.

Parental responsibility is defined by the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child’. Simply put, this means a parent has the responsibility to:

• Choose a name for the child
• Provide housing for the child
• Maintain and protect the child
• Make decisions about their education
• Consent to any medical treatment for the child

Parental responsibility is automatically conferred on the mother, as she is always listed on the birth certificate but the other parent often also has the same responsibility.

A father will have parental responsibility if:

• He was married to the mother at the time of birth
• He was listed on the birth certificate
• Both parents or the father registered parental responsibility with the court

Parental responsibility can also apply to partners in same-sex couples. However, the legalities around this can be more complex so you may consider speaking to an expert if this impacts your situation.

Unless a court order says otherwise, parental responsibility creates an equal playing field between both parents, meaning both have the right to provide the child with a home.

That does not mean you cannot secure the return of your child from your ex-partner, but it will have a significant impact on how you go about doing it.

Can You Contact the Police?

If you are told your child will not be returned to you by their parent, a reasonable first thought is to call the police. However, you may find the police and other bodies such as the social services are unable to recover your child for you.

This is where whether your ex-partner has parental responsibility becomes so important.

If they do not, the police can return a child to its mother, as she has sole responsibility. If, however, they do have parental responsibility, the police will not be able to recover the child, as they have a remit not to choose between parents.

If Your Child is in Danger

While the police and social services may be unable to recover your child under normal circumstances, they do have additional powers if there is a real and immediate threat to your child’s safety.

If you suspect your child may be in danger, ensure you speak to the police straight away and contact a solicitor.

Applying for a Court Order

In most cases, the return of your child from a parent requires an order from the court. The most common forms of orders you are likely to come into contact with are Child Arrangement Orders and Prohibited Steps Orders.

Child Arrangement Order

When couples break up, many are able to agree on terms of child maintenance and visitation without the need for the courts to intervene. However, if this agreement was only informal and is breached, you will require the court to decide the exact terms of how the child is managed.

Who the child lives with is determined via a Child Arrangement Order, along with which other relatives they can have contact with and the type of contact (eg. in person, on the phone, or by letters).

If your child will not be returned to you by someone with parental responsibility, you can apply for a Child Arrangement Order to confirm they should live with you.

Following application to the court for the order, you will be given notice of a hearing along with your partner. This will give you both a chance to argue your case and allow the court to make an informed decision.

If you are concerned about the safety of your child, you can make a ‘without notice hearing’. This means your ex-partner will not be informed and the hearing will take place quicker.

This can provide a court order for the return of your child quicker, though it is only a temporary solution. A full notice hearing will still need to take place, at which point the order may be overturned.

Prohibited Steps Order

The other type of order you may consider applying to the court for is a Prohibited Steps Order. This limits both parents from carrying out certain events or trips without the express permission of the other.

This is useful if you are worried your ex-partner may attempt to, for example, take the child abroad or to another area of the UK without your knowledge.

Failure to comply with this order is treated as a criminal offence and can result in the person who has taken the child being charged with kidnapping.

If you want to apply for either a Child Arrangement or Prohibited Steps Order you should seek the advice of a solicitor.

Can a Parent Refuse to Return a Child?

If your ex-partner has parental responsibility and there are no orders from the court in place, you may find it difficult to ensure the return of your child immediately.

However, that does not mean there is nothing you can do. By applying to the court for one of the above orders, you can create a legal obligation for the return of your child and take important steps to ensure it never happens again.

If an ex-partner is currently refusing to return your child or you are worried they may do so in the future, speak to Nayyars today for expert advice and support.

11 Questions about the Medical Negligence Claims Process

If you suspect you’ve been the victim of medical negligence, you may be owed compensation for your injuries. If this is the case, you’ll need to make a claim, but for anyone unfamiliar with this area of the law, that can be a daunting task.

Over years of helping people pursue their claims, we’ve heard the same questions about the medical negligence claims process time and time again. Below are the answers to some of the most common ones we’ve heard.

1. What is Medical Negligence?

Medical negligence, also known as clinical negligence, is when a medical practitioner provides care that falls well below the standard expected of someone in their position. This, as a result, then causes damage to your health that would not have occurred otherwise.

Medical practitioners have what is known as a ‘duty of care’ to you as a patient. Medical negligence occurs when this duty is breached by the practitioner.

2. Who Does Medical Negligence Apply To?

Medical negligence doesn’t just apply to your local NHS doctor. Any and all health practitioners can be held liable if they have acted negligently in your care.

As such, medical negligence could apply to dentists, cosmetic surgeons, private clinics, and eye clinics. If you’re unsure whether someone is able to commit medical negligence, contact a solicitor for advice.

3. Who Will My Claim Be Against?

One of the most important steps of a medical negligence claim is to correctly identify who is at fault for the failure to provide you with adequate care.

In many cases, it may not be the individual who directly treated you who is liable. For example, if your care was given at an NHS hospital, you would most likely claim against the NHS Trust that manages the hospital, not the medical professional themselves.

Of course, who to claim against depends on the details of your case, but identifying the right person or organisation early is essential to success.

4. How Do I Start a Claim?

If you want to make a claim for medical negligence it’s important you seek the support of a professional solicitor as soon as possible. While you may know what happened, demonstrating the exact details and how they constitute negligence under the law can be a complex process and not one to be taken lightly.

Your solicitor will start by identifying the legal basis for your claim and will be able to set your expectations for how long the claim will likely take to complete, along with a rough idea of how much it may be worth.

5. What Proof Will I Need?

Depending on the extent of your negligence, providing evidence may not be simple.

Your Solicitor will need to obtain copies of your medical records from your GP or hospital. If the negligence has left physical marks, such as bruises, it’s important to document these as soon as possible as photos.

Your solicitor may also need to gather witness statements from those who were present at the time of the negligence, or have information pertaining to it. You should also keep a log of anything you’re unable to do as a result of the negligence and any times where you need additional help, such as when doing housework.

Your Solicitor will usually instruct an independent medical examination to determine the extent of your injuries.

6. Do I Need a Medical Expert as a Witness?

As part of the evidence gathering for your claim, your solicitor will seek a report from a medical expert to demonstrate the severity of the damaged caused by the negligence. This will help demonstrate not only the short-term damage you suffered but also how the negligence will impact you in the future, such as limiting your ability to work.

An expert may also be used to comment on any medical practices and process that were used and contributed to the failure in your care.

7. How Long Will My Claim Take?

It’s impossible to give an accurate answer as to how long your claim will take without knowing the details of your case, but you should be prepared for it to take months rather than days.

This is for the simple reason that time has to be given to the person or organisation liable to investigate your case and either admit or deny fault.

From there, your solicitor will either have to gather more evidence to further your claim or negotiate your settlement on your behalf. In the event that a settlement cannot be reached and the claim has to go to court, the time it takes can increase drastically.

The length of time your claim takes is one of the topics you should discuss in the initial consultation when selecting a solicitor.

8. Will I Have to Go to Trial?

One of the most daunting elements of a medical negligence claim is the prospect that you may have to go to court. While this is always a possibility, you and your solicitor should always see it as a last resort.

In practice, the majority of medical negligence claims are settled outside of court and your solicitor should take all steps to negotiate a settlement as quickly as possible. Avoiding court proceedings should drastically reduce the time it takes to resolve your claim and keep costs to a minimum.

9. How Long Do I Have to Claim?

If you suspect you have a claim for medical negligence it is important you move quickly, as you are likely to only have three years from the point you become aware of the negligence (usually the point at which it took place) to file your claim with the court.

This may seem like a long time, but it can easily take well over a year to negotiate with the liable party and decide whether you need to take the claim to court, so don’t waste time wondering and speak to a solicitor as soon as possible.

There are circumstances where the court does not impose this time limit, such as if the claimant is under 18 or lacks mental capacity, but for most people, it’s unlikely you’ll get an extension.

10. How Much Will My Claim Cost?

Just as with how long your claim may take, it’s impossible to say how much your claim will cost you without knowing the details of your case.

However, in most medical negligence cases the risk of high costs is negated. This is because many solicitors offer a no-win-no-fee basis, so you won’t pay their costs unless you win compensation.

A solicitor can also help you take out an insurance policy against having to pay the legal costs of the defending party should you lose.

11. What is My Claim Worth?

The only way to find out what your claim is worth is to speak to an experienced medical negligence solicitor.

Get in touch with Nayyars Solicitors to find out if you have a medical negligence claim and what you could be owed.

How Will My Divorce Affect My Child?

When you are getting divorced the effect it will have on your child can be at the forefront of your mind. Whatever age your child is, when parents split up it has a huge impact on your child’s life. Parents falling out of love and arguing with each other can be heartbreaking for a child. They are often transported between two different households, one of them a new one with a new home. The day to day routine is disrupted and this can all create upheaval for a child.

If your marriage has broken down then you need to end it with the minimum disruption to your family. As Family Law Solicitors we know that the effect the divorce will have on a couple children is a great source of concern.

Every family, every divorce and every child is different. This blog gives some guidance after speaking to many divorcing couples on what they thought worked for them in minimising the upset caused to their children when they were going through a divorce.

At the outset we would say take care of yourself. If an airplane is in an emergency then you are advised to put your own oxygen mask on first. When it comes to divorce, look after yourself so that you can be there for your kids.

Children often depend on their parents to be stable. Divorce rocks that belief. However, you can still try and create stability in your child’s life even when going through a spilt.

How you can help your child through the divorce? Try and stay as patient as you can. Try and reassure your child that everything will be fine. Try and talk to your child and listen to any concerns that he or she may have. Remind your child that everything will be okay. Parents have often told us that even though they have felt unsure themselves they have always tried to tell their children that everything will work out fine. That is all they want to hear.

Aim to keep your child’s routine as it was. If a child has structure then this will help calm them down and knowing what is ahead can sometimes be half the battle. This helps to keep your child’s thoughts and mindset stable. You may wish to let the school know so they can keep an extra eye on your child and provide pastoral care if needed. You may also want to share it with the parents of your children’s close friends so they can help if needed.

Be honest with your child. Let them know what is happening. Tell them that you know they will be upset but everything will be okay.  Draw up a diary of positive events that will be happening in the future whether it be school trips or a birthday party. Remind them that even though there may be sad times there will be lots of happy times too.

Keeping a relationship with your ex is important for your children. However frustrated and upset you may be with your ex, try not to let your children see this. I know that is an easy thing to say and very difficult in practice to do, but try your best!

Your children are most likely to tell you in the future that your divorce was one of the hardest parts of their childhood. Unfortunately, there is probably very little you can do to stop that so do not be too hard on yourself. Try your best and know that you are not alone in facing the issues that surround divorce. Sadly, they are common for most parents!

Our Family Law Team handles divorce cases with confidence and sensitivity. Most of them are parents themselves and can guide you every step of the way. If you wish to speak to us then give us a call on 0161 491 8520.

Driving Without Insurance

If you have been stopped for driving without insurance then you have committed a motoring offence. It is against the law to drive a vehicle on a public road without at least the most basic level of car insurance. The most basic insurance you need is third party insurance. This is the bare minimum. It will cover you if you are at fault for a road accident that causes damage to someone else’s car or an injury.

What will happen if you are stopped by the police whilst driving without insurance? The police have number plate recognition cameras. They can tell while driving along which cars do not have insurance. If you are stopped and asked for your documentation you have 7 days to provide the police with this.

If you think you do have valid cover, check your policy carefully. Make sure you are in fact covered. Some policies have certain restrictions like you cannot drive between certain hours or you have to be a minimum age.

Your policy may have been cancelled and that is why the police have picked it up. if you did not know this then you could have a defence. You would only be guilty of driving without insurance if the insurance company had taken reasonable steps to notify you of the cancellation.

There are different penalties of driving without insurance. The police could give you a fixed penalty of £300 and 6 penalty points if you are caught driving a vehicle you’re not insured to drive. If the case proceeds to court you may even get disqualified from driving. There is a possibility that the fine could be higher. The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.

Your car doesn’t need insurance if it is or has been:

• Declared off the road (SORN).
• Off public roads since before 1 February 1998.
• Scrapped, stolen, or exported with notice.
• Between registered keepers or dealers.
• Registered as ‘in trade’.

So, unless you have the correct SORN paper work, or you’ve decided to scrap the car, you’ll need to get car insurance the day you drive away with a newly bought or second-hand car.

If you have been stopped by the Police for driving without insurance you can contact our Team for legal advice.

5 Essential Steps in a Personal Injury Case

Personal injuries are never welcome, but a successful claim for damages can go a long way to making one more bearable. Still, as with any legal situation, claiming for an injury that isn’t your fault can be a drawn-out and stressful experience.

That’s why it’s important to understand exactly what steps you need to take as soon as you suffer an injury and suspect you may have a claim. If you don’t, you may find your claim weakens as you get further and further from the event.

So, what steps in a personal injury claim should you take?

1. Speak to a Solicitor Early

Following an injury, it’s natural to feel a host of emotions. Anger may tempt you to immediately pursue the party you think is at fault, while worry may make you want to just wait and see the outcome of your injury.

Most people feel both these emotions, while many will also feel there is nothing they can do.

Whatever you feel, though, the best first thing you can do is seek an impartial expert who can give you clear-headed guidance. Speaking to a solicitor early can give you this and help you understand whether you have a claim and the scope of it.

While you may be hesitant about the potential costs of using a solicitor, an initial consultation will usually be free.  Plus many personal injury solicitors offer a no win no fee package, so if you do want to take your claim forward you have added protection.

Here are some of the things a solicitor can help you identify:

• Whether another party involved was negligent
• If and who the defendant is to seek compensation from
• A rough timeline for your claim
• A rough prediction of what your claim may be worth
• Information about relevant case law

With every personal injury claim having its own quirks, considering the above points with a professional is key to your launching your claim on the right foot and preparing it for success.

2. Pre-Action Protocols

Once you’ve determined whether you have a claim, you or your solicitor’s next step is to start the pre-action protocols.

Since the courts want to reduce the number of cases that come before them, pre-action protocols offer a much-needed opportunity to present your claim to the party(s) you think is liable.

This begins by you sending a document called a Claim Notification Form to the other side’s insurance company. This is done electronically. The Defendant’s Insurance company then has a set time period within in which to reply and either accept fault or deny it. If they reject it, they have to give their own legal basis for doing so.

Here is where having the support of a solicitor becomes so important, as understanding and responding to the legal argument of your opponent can be difficult.

3. Evidence Gathering

If the party you’re claiming against denies liability, you’ll need to begin preparing for the chance that you may need to start court proceedings. To do this you’ll need to submit court papers outlining your case and relevant evidence.

Before you do this, though, you’ll need to ensure you have the evidence to back up your claim. This may involve speaking to witnesses and taking their statements or consulting experts who can comment on any equipment or procedures that led to your accident.

As you can imagine, every personal injury claim is unique and requires its own specific evidence, so it’s impossible to say exactly what evidence you’ll need to gather without knowing the details of your case.

Medical Evidence

Alongside gathering evidence of liability, you’ll also need to provide evidence of the extent of your injuries.

If your injury has left you with visible marks, such as bruising, it is important to capture this evidence as soon as possible, in case it fades over time. Try and collate as much information as you can in relation to your injury.

Since personal injury claims can take so long to conclude, you should also keep notes on anything your injury stopped you from doing, or any times you needed help, such as with housework. This will save you having to remember everything later.

In due course, your solicitor will arrange for you to see an independent expert who will prepare a report into your injuries. This will form the basis of your claim in terms of valuing your injury. It is therefore very important when you see the expert you inform them of all symptoms.

4. Negotiating

While the satisfaction of taking the liable party to court may be appealing, the far more cost-effective solution is to open a dialogue with the party and negotiate a settlement.

This is normally done in cases where liability has been admitted via the electronic portal. If there is a dispute over who was at fault to the extent of your injuries, the next step may be to issue court proceedings.

Your solicitor should advise you on any settlement offers you receive so you can make a choice whether or not to accept.

5. Court Proceedings

If negotiations fail, your final recourse is to send proceedings to the court and the defendant.

Depending on the size of your claim, you may find that your case can be fast-tracked through the court. To qualify, your claim needs to be under £25,000 and the trial needs to likely not last more than a day.

If you do qualify for the fast-track, the court will aim to move from allocating your case to conducting the trial in no more than 30 weeks. For those unused to court proceedings, this may seem like a long time, but it’s really not.

For cases of more than £25,000 and where there are multiple witnesses may result in the trial lasting more than a day, the case will be tried through the multi-track.

In these instances, the court will set a general timetable depending on the specifics of your case. Your solicitor should be able to tell you more.

How Long Do You Have to Make a Claim?

As you can probably now guess, making a personal injury claim is a process that can take an extended period of time. For that reason, you need to ensure you have explored your claim as soon as possible. Court rules dictate that you normally only have three years from the point of the accident to do so.

If you’re considering a personal injury claim, get in touch with the team at Nayyars to learn how we can help you.

Fundamental Dishonesty and Personal Injury Claims

The term “fundamental dishonesty” is one that is now commonly used in personal injury claims. However, this is a relatively new concept in personal injury litigation.  Section 57 of the Criminal Justice and Courts Act was introduced on 13 April 2015 into civil law, specifically in relation to personal injury proceedings.

Increasingly fundamental dishonesty is being brought up by Defendants. For the lay person who does not understand what this means a simple explanation is as follows: Fundamental Dishonesty is where the ‘Claimant’ (the person bringing the claim) is untruthful about all or part of their claim for personal injury. The Court can penalise the Claimant for being dishonest by ordered him/her to pay the Defendant’s legal costs. The result is that not only do they receive no compensation, but they can also be landed with a large bill to pay.

You can be found to be fundamentally dishonest for:

• Exaggerating your injuries
• How the accident happened
• How many people were in the vehicle at the time of the accident
• Claiming losses that you did not incur
• Lying about any aspect about the claim
• Any inconsistencies without the claim

The rule now is that where a claim is found to be fundamentally dishonest in any way, the court must dismiss the whole claim even if there is some genuine element. An exception to this would be unless to do so would cause “substantial injustice.”

The reality is that Claimants cannot now run the risk of pursuing a case if they know they have been dishonest when bringing the claim. Defendants will often raise fundamental dishonesty early on in the case as a way of putting the Claimant on notice of the costs risks if they lose.

At Nayyars we investigate cases thoroughly at the outset. Our lawyers and barristers will guide you at every step of the way throughout your case. We will explain any legal rules and costs consequences to you clearly.

If you wish to make a personal injury claim, then you can contact our Team on 0161 491 8520.

Her Husband out of the House in the UK?

Every marriage goes through periods of strain. At best, these times can make you feel like you need some time alone and at worst, separation and divorce may seem like the only option.

Regardless, in certain circumstances, a wife may feel like she wants to kick her husband out of the house.

Whether you are the wife in this scenario or the husband, it’s important for all parties to know exactly what their legal rights are. With that in mind, we’re going to explore what you can and can’t do when it comes to kicking a spouse out of a home.

Depriving Access to the Home

One of the most common ways for someone to kick their partner out of the house is by simply changing the locks while they’re out, but is this legal?

In reality, if the property is jointly owned (meaning two or more people hold legal title to the property) there is little to stop either owner changing the locks.

However, what you cannot do is deprive access to the property by, for example, not giving your spouse keys to the new locks.

If you do deprive access to the property, you may find your husband applies to the court for an occupation order to allow them back into the house and the continued use of its facilities.

In short, then you cannot simply kick your husband out of the house. Instead, you will need to apply for your own occupation order from the court, which will determine who can occupy the property. We will come onto that in more detail in the next section but first…

What If the Husband Isn’t on the Deed?

If your husband is not on the title deeds for the property, you may think you have more scope to remove him from the property without requiring a court order.

However, even a spouse who is not on the title deeds (known as a non-entitled spouse) cannot simply be kicked out as they can also apply for an occupation order from the court.

Furthermore, a non-entitled spouse may also have registered matrimonial home rights for the property, meaning they cannot be forced to leave without an occupation order and you cannot sell the property without them knowing about it.

How to Kick Your Husband Out of the House Legally?

As we alluded to, if you want to remove a husband from your property you will need to apply to the court for an occupation order. This is a type of injunction.

The process of applying for an occupation order is relatively straightforward and made up of two elements. The first of these requires you to provide basic information including your:

• Your Name
• Your Contact details
• Your ex-partner’s name
• Your ex-partner’s contact details (if you have them)
• Details of your mortgage (if you have one)
• Your reasons for applying

Alongside this, you will also need to provide a witness statement in which you can lay out why you need an occupation order. At this point, you may be unsure exactly what basis you have for requesting an occupation order, in which case you should speak to a professional solicitor who can help you put together your application.

You will need to send three copies of your application into the court, one of which will be sent to your spouse so they can provide their own witness statement.

If you are concerned about your partner knowing your current address, you can keep this confidential and submit the forms without disclosing your address. However, your address will need to be on the court file.

A date will be set for you to attend your nearest family court with your spouse and any solicitors either party has instructed. If you are concerned about being in the same room as your spouse, you can request special measures from the court.

The hearing will return one of the following results:

• An interim occupation order is made until a final determination about  whether the order is required
• The court makes an occupation order in part, setting out how the parties should reside under the same roof but separately
• The court needs more information before deciding whether an order should be made

If an occupation order is issued, it is worth noting that it may not be exactly what you expect. The court has discretionary powers and so may not order your husband to leave the property but, for example, only use certain facilities at certain times.

These rules will be defined in the order and if they are breached and there is a power of arrest attached to the order then you may have recourse to call the police, in which the other party may be arrested.

In Cases of Domestic Violence

The process for applying for an occupation order can be lengthy. However, the court recognises that where an individual or their dependents may be under threat, the process needs to be quicker.

If you’re in this situation, you can ask the court to ‘hear your application without notice being given to the respondent’. This is sometimes called an emergency order.

To do this you will need to explain as part of your witness statement that your spouse is likely to:

• Actively try to avoid the occupation order
• Physically harm you or your dependents
• Stop you from applying for the order if you wait

Aside from an occupation order, victims or potential victims of domestic abuse can also apply for another type of injunction, alongside the occupation order called a non-molestation order.

Non-Molestation Orders

A non-molestation order prevents your spouse from doing certain acts in terms of their violent behaviour towards you. The terms within a non-molestation order include as follows;

• Not to use or threaten unlawful violence against you
• Not to intimidate, harass or pester you
• Not to communicate with you directly or indirectly, whether by telephone, social media, email or in person.
• No, to come within a certain distance of you.

The process of applying for a non-molestation order is the same as applying for an occupation order, although non-molestation is made on an emergency basis and are usually heard without notice. Both applications can be made using the same forms supported by a witness statement.

Can a Wife Kick Her Husband out of The House in the UK?

Generally, the answer is no unless she has obtained an occupation order from the court.

Before considering whether to make such an application, please consult a specialist solicitor who can assist you in drafting your witness statement and give you the best prospects of success.

If you’re concerned that either you or any of your dependents are under threat, speak to the Nayyars team to make sure you have the right solicitor by your side.

What to Do If You Accidentally Hit an Animal Whilst Driving?

Unintentionally, each year, we kill and injure British wildlife, 1 million mammals are killed or wounded by cars. Any animal lover will be horrified by this statistic.

First of all, it depends what type of animal you have hit. The law differentiates between the type of animal that has been hit. It states that if you hit an animal which is covered by The Road Traffic Act 1988 – namely, dogs, goats, horses, cattle, donkeys, mules, sheep and pigs you are legally required to report it to the police.

But if you hit an animal not mentioned in the Road Traffic Act – a cat or a fox for example – you are not required by law to report it, but you might want to inform the police of the incident anyway.

What should you do if you hit an animal? You must stop immediately and check on its injury. If you can track down the owner, then you should notify them. You should remain at the scene to pass over any details needed to the owner, the police or the RSPCA. Check if the animal has a collar on with the owner’s details.

Remember, if you hit a dog or any other animal in The Road Traffic Act 1998 you are legally required to call the police. If the animal needs urgent attention the police should be able to provide you with details of the nearest Vet.

Road Traffic Accidents are a common cause of serious injury or death in cats. Cats are not mentioned in the Road Traffic Act 1998 so you do not legally have to report the accident to the police. If the cat can be moved, you should take it to the local vets to be identified if it has no owner’s details. If it cannot be identified you could mention it in your local community to find the owner, many people do this via social media posts.

It is the local council’s responsibility to remove any animals from the road. If you come across a dead animal, then report it to them.

As distressing as it is to hit an animal or come across an animal that has been hit, accidents can and do happen. It is important that you take the right action when it does.

5 Tips to Get Custody for Dads

Getting access to your child is every father’s dream, particularly when they are faced with conflict with the mother of their child. Every father should be prepared for a difficult custody battle, whether they are filing for full custody or joint custody. This does not necessarily mean that the courts discriminate against fathers – it just means that custody is difficult to win full stop. The courts look at a number of different factors. Here are 5 tips to consider that could help you prepare for getting custody for the child you love:-

• Build a strong relationship – A father should make an effort to build a special bond with their child. This could mean involving themselves in their school work and making himself known to the child’s teacher. It is imperative that a father should ensure that he cares about his child’s progress and he is there to offer support as and when needed.
• Attend Important events/social gatherings – A good father would be required to get himself involved in the child’s social, educational and religious activities, particularly if they want to establish a strong relationship/bond. This may include attending school plays, Christmas events, religious ceremonies i.e. dedications/baptisms/christenings, birthday parties and sporting activities. A court would use evidence of the father’s involvement as a way of showing he strongly cares about the child. A father who takes the time to involve himself in such events/activities assures the child that the father cares very much about them.
• Pay Child Maintenance payments – A father who shows a good track record of continuous maintenance payments shows the father feels very strongly about getting custody of the child. If the father has an informal arrangement, it is imperative that he obtains receipts of payments/bank statements or a signed letter from the mother confirming safe receipt of the payments that have been paid to date.
• Prepare a safe and comfortable space for the child– It is important for the father to ensure that he makes his child feel safe and comfortable when they are away from their own home. It is also important for the father to make a special place for his child in his home. Despite the fact that the house may be small or big, a special place for the child is to help the child feel loved and know that they are cared about very much. It is good practice for the father to be organised because the court will want to enquire about adequate living accommodation. If the father has other family members living in the property and bedroom space is limited, depending on the sex of the child it is important that the father ensures the sleeping arrangements are suitable.
• Respect is paramount – Any father wanting custody of the child should respect the wishes and feelings of the mother. A father should always respect the mother of his child. The consequences in fathers who disrespect the child’s mother and/or are rude to the mother has a huge impact on the child’s wellbeing. Therefore, it may affect the father’s chance in obtaining custody of the child. If you respect your child’s mother you are showing your child that you care about the child and it reduces/avoids unnecessary conflict.

What Can a High Court Enforcement Office Do with a Writ of Control?

If your creditor (the person or company to whom money is owed) has a County Court Judgment (CCJ) against you, in certain cases they can use a High Court Enforcement Officer (HCEO) to recover the debt you owe.

They HCEO is better known as and commonly referred to as ‘bailiffs’. The starting point for a HCEO is to attend you property and if you do not make arrangement to pay the debt owed then they have the power to remove the goods from your property to sell at an auction venue.

The creditor can use HCEOs where your debt is over £600, your debt is not regulated by the Consumer Credit Act and you have a CCJ against you and you have failed to comply with the judgment to make the requested payment.

The creditor will apply for a writ of control, which allows the HCEO to visit your property to recover the outstanding payment and in the event they are unable to recover a payment from you, they will take your goods. If you are self–employed then the HCEO may visit your business premises.

The HCEO will send you a notice of enforcement informing you that they will be visiting your property. They will usually send this in the form of a letter, addressed it to the debtor. The HCEO must give you at the least seven days notice before they attend your property for the first time.

On the first visit, the HCEO will usually ask you to pay the outstanding debt in full. If you are unable to pay the outstanding debt in full, the HCEO will search for items that can be taken into their possession until the outstanding debt is settled completely.

If the HCEO discover a large item such as car, which they can sell and recover the the debt imminently, they will take such an items immediately if they feel that you may remove or sell the controlled goods before you have paid the debt off. In certain circumstances, they can stop you from driving your car by placing a clamp on your vehicle.

The HCEO will make a list of items that they intend to remove and sell if the outstanding debt is not paid. Often the HCEO will let you retain the goods and come to a payment arrangement plan to pay the debt in instalments. In the event, that you do not make an installment payment as per the agreement, the HCEO will return and remove the goods to sell at an auction, this agreement is known as controlled goods agreement.

Have you been visited by a HCEO officer? or have you received a letter informing you that they will be attending your property? We understand that the HCEO will act promptly and can in fact intimidate you and your family. Please contact Nayyars Solicitors today without a delay.