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Tag: Childcare

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School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

The UK is bracing for sweltering heat this week as the first-ever red warning for extreme heat is implemented today with temperatures expected to hit 107 (41c) in some parts of the country. It is likely to be the hottest day ever. The temperatures are not expected to be quite so high in Wales but nevertheless, an amber warning remains in place.

As with the pandemic, health chiefs fear the NHS could be overwhelmed by heat-related casualties if temperatures rise to the levels predicted.

There has been some discussion as to whether schools should remain open under the circumstances.

Schools follow the same regulations as workplaces. Under the workplace (Health and Safety Welfare) Regulations 1992, Employers have a legal obligation to ensure that the temperature in the workplace is “reasonable”. Despite the guidance under law, the government has not specified a specific temperature in the workplace which would mean employers, or in this case, pupils are sent home.

Ultimately it is up to the headteacher to decide whether the temperature in the school is suitable for teachers and pupils.

Some schools across the UK have given parents the option to keep children at home or to collect their children early, particularly on Monday. Most have chosen to remain open following practical and sensible advice. Public Health Wales has issued guidance on looking after children in extreme hot weather.

Schools are having to balance this tricky decision between the welfare of their staff and pupils, the issue of many parents, particularly key workers still having to attend work during the heatwave and the supervision of more vulnerable children during these unprecedented temperatures.

There is no hard and fast rule regarding keeping children home in these circumstances, it is ultimately down to the individual school and to the parent if they are concerned about how their child might cope with the temperature.

 

For childcare legal matters, contact our team here: https://www.cjchsolicitors.co.uk/personal-law/family-and-childcare-law/

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Lockdown Justice – Family and Children matters

By Sally Perrett

On the 23rd of March, we went into lockdown procedures for our own safety and the safety of our community, due to the Covid-19 pandemic. Now, at the end of our 8th week of “stay at home” precautions, we face a minimum of two more weeks at home, followed by a period of uncertainty as we adjust to the “new normal”.

Sally Perrett

The lockdown has not been easy for anyone, and we have seen tremendous acts of selflessness and dedication from our various key workers who have stepped up and kept our essential services functioning. Thank you to all of you.

All through this period, our clients at CJCH Solicitors have continued to need assistance in matters relating to various family and childcare scenarios.

How, for example, do separated partners with shared custody of their children make arrangements for access to their children, or seek enforcement of their rights? In a Covid-19 world, these are not easy situations and take a new way of thinking to address.

That said, we continue to be here for you, the courts are still proceeding with hearings and cases are still being resolved. Today, Sally Perrett answer some of your questions in the hopes that this assists others with their concerns, Q&A below.

Sally is a senior solicitor at CJCH, and is the head of our Childcare Law department, bringing years of specialist experience to advise her clients on these often difficult situations.

Q: Are the courts still functioning, will my legal matter be heard during lock down?

Sally Says:

The Family Courts are still operating, and so far we have seen cases already listed taking place as normal albeit ‘remotely’ by way of telephone hearing or video meeting.  New applications can still be made but may take longer to be listed as emergency applications are being prioritised.

Q: I have custody of my children and my ex would like to see them/have them visit. Can I allow this?

Sally Says:

The Government has issued specific rules on staying at home and away from others, ‘The Stay at Home Rules’. Guidance has been issued alongside these rules specifically dealing with child contact arrangements “ where parents do not live in the same household, children under 18 can be moved between their parents’ homes”.

This does not mean that children must be moved between homes. The decision whether a child is to be moved between parents and homes is ultimately a decision for the parents following a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.

Q: My ex has custody of our children and is refusing me access. What do I do?

Sally Says:

If you have a Court-Ordered Child Arrangements Order in place and a breach of the child arrangement order occurs there is the option of applying to the Court to have the order enforced, however, there is a strain on Court services currently and your application may not be dealt with urgently unless there is a child protection concern. The Court is unlikely to make an order for enforcement if it is satisfied that the parent refusing access had a reasonable reason not to adhere to the child arrangements order. 

That being said the Courts are aware that parents could potentially use the current situation to frustrate arrangements that have previously been Court ordered and it is, therefore, possible that a sanction could be issued. 

Q: I think my neighbours are abusing their child/children. What do I do?

Sally Says:

You should contact your local Children’s Services department who will investigate the situation further. You can do this by contacting your Local Authority’s general number and asking to be put forward to Children’s Services to make a referral. You will then be put through to the duty team. You can choose to remain anonymous if you wish to do so. Some Local Authorities are giving out an email address to contact so you may want to contact the NSPCC (National Society for the Prevention of Cruelty to Children) on 0808 800 500 who will make the referral to your local Children’s Services department for you. If you think it is an emergency situation and a child is at immediate physical risk, contact the police.

 

For more information, or to arrange a consultation, please contact our  Family and Childcare team. Contact information provided here.

 

 

 

 

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24 March 2020 – Update on Corona Virus status

As we posted recently the CJCH team will continue to support our clients where possible to do so, however, we have now closed our offices as per the guidelines regarding the Covid-19 (coronavirus) outbreak. Even though our offices are shut for the time being, for your health and safety and ours, we will continue to provide our services as far as possible if needed.

Our telephone lines are still open, and you can reach us at:

  1. Cardiff: 02920 483 181
  2. Barry: 01446 420 043
  3. Bridgend: 01656 457 466
  4. Blackwood: 01495 227 128

Our emergency 24-hour line: 07967 305 949

 

And you can reach our direct departments via our email contacts:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

The CJCH team will continue to help all our clients across childcare, family, mental health, court of protection, deprivation of liberties, wills and estates, property, commercial, criminal defence, and intellectual property matters wherever physically possible to do so. Please don’t hesitate to contact us.

Stay safe all – CJCH Team

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Supporting Clients Through A Relationship Breakdown

A relationship breakdown is an emotional and worrying time for a family. For a solicitor, it is not only important to understand the legal issues a client faces, but also take the time to understand the client’s wider situation. Sally Perrett, Family & Childcare solicitor at CJCH, discusses how she supports clients experiencing a relationship breakdown.

As a solicitor how do you ease stress for clients throughout a relationship breakdown?

The end of a relationship is an extremely difficult situation. Personal trauma and financial issues can cause stress & there needs to be a focus on protecting children from the impact of the relationship breakdown.

With so many stressful issues, it is important the client receives practical advice that reassures them about the factors to consider. This will hopefully alleviate the pressure felt by the client, knowing their matter is handled sensitively

Why is it important to build trust with clients facing a relationship breakdown?

Often, when a client is facing a breakup, they are emotional, feel let down and very worried about what the future holds. A client needs reassurance and generally someone they can rely on to approach their case with sensitivity and discretion.

Do you find that there’s an element of providing emotional support as well as legal advice when it comes to family law matters?

Of course, there will be an element of emotional support required during such a traumatic time in a person’s life. Often clients find it difficult to separate practical matters from personal issues. Therefore, these need to be dealt with empathetically

What advice would you give to someone facing a relationship breakdown?

We would advise the client to take their time & not make big decisions too quickly under stress. Take a measured approach towards practical matters & the implications of the relationship breakdown.

Importantly, no two cases are the same, one client may want to protect their assets whilst another seeks the most favourable arrangements with respect to their children. It is important clients make measured decisions based on the practical advice they receive

How do you feel your advice brings value to clients during a relationship breakdown?

It is vital that a client feels they can rely on their solicitor for a realistic, sensible approach. The client should feel in ‘safe hands’ at their vulnerable time. Finally, it is imperative solicitor’s advice alleviates pressure the client is facing.

How we can help:

Our team has extensive experience in supporting clients in what can be a difficult and confusing time. The breakdown of a relationship brings with it distressing repercussions and our team is here to help you in a compassionate and nurturing way. Get in touch with a member of our team today.

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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No Fault Divorce – 6 Things You Need to Know

The government plans to change the law surrounding divorce to remove the concept of fault.  According to the Justice Secretary, this proposed reform will come into force ‘as soon as parliamentary time allows.’ Our specialist Family & Matrimonial solicitor, Sarah Perkins sat down to discuss the proposed changes in the law. Here are 6 things you need to know about no fault divorce.

What is the current process for divorcing or ending a civil partnership in England and Wales?

Under the existing Matrimonial Causes Act 1973, an applicant must prove to the Court that their marriage has irretrievably broken down.  This is based on one of the following criteria, that the other party:

 

  1. Engaged in Unreasonable Behaviour
  2. Committed Adultery
  3. Deserted (one party has deserted for two years or more without explanation)
    Or:
  4. Two years separation with the consent of the other party
  5. Five years separation with no requirement of consent

Therefore, unless a couple has been separated for at least two years, one person must blame the other and prove fault either by way of examples of their unreasonable behaviour or adultery which must either be admitted by the other party or proved.

As a result, respondents to a divorce often contest proceedings which results in increased conflict and expense.

How is the law set to change regarding no-fault divorce?

No-fault divorce will remove the old five criteria set out above. They will be replaced with a requirement of notification to the court, a statement of irretrievable breakdown.

Furthermore, the government plans to:

  • Allow couples to give notice and apply jointly
  • Remove the ability for one party to contest the divorce
  • Introduce a minimum time frame of six months from Petition to Decree
  • Absolute to allow time to reflect on the decision to divorce and access any support such as counselling or mediation
  • Retain the ban on applications in the first year or marriage
How will the new law impact the family law landscape?

The aim of the new law is to remove the element of blame, reduce conflict and hostility between parties and simplify the process.  This enables parties to concentrate on the children and financial matters arising from divorce and protect any children of the family from ongoing parental conflict.

The new law could see a rise in the number of divorce applications as parties will no longer have to wait for a period of two years if they wish to divorce without blame being apportioned to one party.

Depending on the simplicity of the finalised process, there may be an increase of couples divorcing without guidance from Family Law practitioners. However, independent legal advice should still be sought in relation to children and financial matters which would not be affected by the new legislation.

How will the change in law affect clients and the process of divorce?

The proposed change in the law will allow clients to apply for a divorce without blaming one party, without having to wait for a period of two years or more. Consequently, it will allow couples to apply jointly and remove the ability for one person to contest a divorce.

The proposed plan is to introduce a minimum time frame of six months from petition to decree absolute.  This allows time for both parties to reflect on the application and access any support such as counselling or mediation.

Will people currently going through a divorce be impacted by the change in the law?

The law is not in force yet – it will only apply to divorces applied for after the date of the legislation

How can a solicitor help you know where you stand if your relationship breaks down?

A Solicitor can advise you of all your options following relationship breakdown including separation agreements, judicial separation or divorce and help you decide which is the right option for you.

Furthermore, solicitors can also advise and assist in making child arrangements and advise in relation to all financial issues arising from your separation including what to do with the family home, dividing any assets from the relationship, looking at income and pensions to ensure that you and any children of the family are fairly provided for.

How can we help?

Speak to a member of our dynamic team in Family, Matrimonial and Childcare Law who will use their extensive knowledge and experience to support you.

Get in touch via:

Telephone: 0333 231 6405

Emergency Telephone: 07967 305949

Email: family@cjch.co.uk

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#SortYourLifeOut – A mantra of taking control

At CJCH Solicitors, we aim to put our clients first and to support the communities in which we operate. With four offices spanning across South Wales, and two satellite offices in England, we have the ability, expertise and resources to offer our clients a wide range of services in several locations.

Our Family, Matrimonial and Children Law and Private Client departments recently launched a new ad campaign to reach out to people who may have questions and need support in difficult times. We hope to help guide them and ease the stress associated with situations such as planning a will, dealing with the probate of an estate, or considering all elements involved in a separation or divorce. There are many instances when people could benefit from the advice and guidance of an experienced and approachable solicitor, and we at CJCH have made it our mission to improve access to legal support and deliver personalised service.

Our new campaign is called #SortYourLifeOut, which is positioned as a helpful and uplifting slogan rather than the joking and judgemental tone it is often said with.

Take charge of your life. Put your plans in place. Be the victor, not a victim. Sort your life out.

Our campaign focuses on the fact that in every situation we face in life, no matter how testing or difficult, the choice to proactively plan, react and prosper is our choice to make. No one enters a marriage with the dream of it ending, and no one has children with their partner with the plan to raise them in separation, but should these things happen, our team is here to help you take the right steps towards making the most out of it and planning for a positive outcome.

#SortYourLifeOut is an uplifting mantra, of possibility, opportunity and silver linings.

At CJCH, we can help you #SortYourLifeOut.

To get in touch with us and see how we can assist you, click here for our contact details.

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Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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