Congratulations to Hayley Ford

/in /by

Congratulations to Hayley Ford on passing the Trust Exam that she took in May this year as part of her Society of Trust and Estates Practitioners accreditation.

The Importance of Identification

/in , /by

Buying and selling property can be an exciting time and as soon as you have found a buyer or a property to purchase, you will want your solicitor or conveyancer to review the legal paperwork and proceed with property checks as quickly as possible. But before your solicitor or conveyancer begins working on your behalf, they will request various forms of original identification from you. Such forms of identification might include passports, driving licences, utility or bank statements received recently by post. They may also undertake identity checks and searches on you and, as a result, request further identification. This procedure is more than a formality or for record’s sake, it is a preventative against fraud.

The recent cases of P&P Property Ltd v Owen White & Catlin LLP (2018) and Dreamvar (UK) Ltd v Mishcon de Reya and another (2018) both involved fraudsters posing as property owners in selling vacant properties. In both cases the purchase money paid by the buyers to the fraudsters could not be recovered. You will appreciate, therefore that it is in all parties’ interests to make sure proper ID checks are carried out so that fraud can be avoided wherever possible.

Solicitors and conveyancers are now undertaking stringent identity checks on their clients, when clients are selling vacant properties, to ensure as best they can that the persons who have appointed them are legitimately who they say they are. This can sometimes take time and require the need for further identification to be provided. Rest assured, the checks are being undertaken for the benefit of all parties involved.

Lisa Thornhill, Conveyancing Solicitor, Adams Harrison

Adams Harrison At Haverhill Show Video

/in /by

Are You A Separated Parent And Thinking About Taking Your Children Abroad On Holiday?

/in , /by

As the summer months approach us, many begin dreaming of taking a break from reality and jetting off abroad with the children for a holiday. However, if you are a separated parent you need to consider carefully whether you are legally entitled to carry out your plans.

1. There is a Residence Order or ‘lives with’ Child Arrangements Order in place

If there is a Residence Order or Child Arrangements Order in place, ordering that your children ‘live with’ you (formerly known as a Residence Order) then you are able to take your children abroad on holiday for up to 28 days. The order must stipulate that the children are to ‘live with’ or ‘reside’ with you after the words “it is ordered”. If you do have an Order of this nature and are travelling abroad with the children, then it is still courteous to inform the other parent of your intentions. The only way you would be unable to travel abroad on holiday with the children when there is a ‘lives with’ Order in place, would be if there was also a Prohibited Steps Order in place preventing you from doing so.

2. There is a Contact Order or ‘spends time with’ Child Arrangements Order in place

If the Child Arrangements Order does not legally record that the children are to ‘live with’ you as explained above, or you are the parent that ‘spends time with’ the children (previously known as a Contact Order) then you must obtain the consent from everyone who shares Parental Responsibility for the children, before you are able to take the children abroad on holiday.

3. There is no Court Order in place in relation to the children

Whether you are the children’s primary carer or not, you would need to obtain the consent from everyone who shares Parental Responsibility for the children, before you are able to take the children abroad on holiday.

4. Who shares Parental Responsibility?

A child’s mother will always have Parental Responsibility (unless a public law order has been made stipulating otherwise). A child’s father will share parental responsibility if he was married to the mother, he is named on the child’s birth certificate (only applicable to births registered after 01.12.2003), he and the mother have entered into a Parental Responsibility Agreement, or the Court has made a Parental Responsibility Order in the father’s favour. Other third parties, such as step parents, guardians or same sex parents may also share Parental Responsibility, by virtue of a Parental Responsibility Agreement or Parental Responsibility Order. A third party could also acquire Parental Responsibility if they have a Residence Order or ‘lives with’ order in their favour.

5. What happens if I cannot obtain the necessary consent?

For the avoidance of doubt, it is always recommended that consent from the necessary third parties is obtained in writing before a holiday is taken. If consent is not given or refused, then it would be necessary for you to make an application to the Court for a Specific Issue Order before your intended holiday. The Court are able to make an Order permitting a foreign holiday in the absence of consent from the necessary third parties. If the other parent or person with Parental Responsibility wants to prevent a foreign trip for a specific reason, then they could apply to the Court for a Prohibited Steps Order. If you travel abroad with the children without the appropriate consent or Order of the Court, then you could potentially be prosecuted for child abduction.

If you are unsure whether you are acting appropriately, or wish to receive further advice or assistance in this regard, then please do not hesitate to contact our Family Department.

Kerri Westlake

Graduate Legal Executive