How Come in a Divorce the Custody Usually Goes to the Mother?

There is one main reason, plus other supplementary reasons, why the mother gets default child custody most times. The main reason is that the law assumes that when couples divorce, the father divorces the children as well. However, in the real sense, even when the divorce is completed there are higher possibilities that both parents still value the children to averagely the same level.

Yes, there could be child-parent challenges and disappointments, but the bond is still intact. The disagreement is probably because of the child’s age factor, their desire to be loved by both parents, and the limit ordered by the court regarding when to meet their parents. Thus, it is logical to avoid fighting over children unless you can honestly prove that your partner is an unfit parent.

The ancillary reasons why the mother is by default granted custody of the child, whether in a case handled by family law solicitors Manchester or others around the UK, after the divorce is completed, may include:

  • The belief that the mother is a better parent than the father. It is believed that the mother is more likely to give personal attention and care to the young children and babies if compared the father. The belief is politically incorrect, and science confirms that this theory is not true. Children are more comfortable with the interaction and influence of both parents.
  • The law assumes that the parent that spends more time with the children (mother in most cases) is actually the primary caregiver. It states that the custody of the kids should be granted to the primary caregiver. The law invests in the hypothesis that the father spends more time at work and not with the kids. Nevertheless, respect should be paid to both parents.
  • The law assumes that after divorce children need a home with at least one parent. In the real sense, no kid really wishes for that. If the parents live far apart, then during the divorce none of them should be granted direct custody of the child. Custody should be granted to both parents and they should live within biking or a walking distance. Basically, the kids should attend their usual church, should have the same old friends, stay in the same neighbourhood and should attend the same old schools.

The ancillary reasons may be considered valid points in some divorce cases. But in the real sense, they are beliefs that lack valid explanation. Also, the judges wish to close the children custody case once and for all. For that reason, they often issue the judgment based on observing and identifying the parent with an easier spirit to break. In most cases, the mother has the advantage if this principle is applied.


Woman fights for war widow pension after remarrying

Eve Holt, 73 has joined the war on mis-sold pension claims. The elderly woman affirmed that the current crusade spearheaded by “Daily Express War Windows” has rejuvenated her hope of reclaiming her late husband’s service pension. Eve is one of the 300 women who were denied the War Widow’s Pension after remarrying. Ken Finch, the first husband to Mrs. Holt met his untimely death in 1988 while serving in the Royal Navy after a long battle with blood cancer. He was serving as a radio electrical specialist and the Royal Navy agreed that his condition was caused by the nature of his work and his spouse was entitled to the compensation.

Unfortunately, the veteran later learned she would benefit from the pension scheme because she had fallen in love. The Daily Express has decided to challenge the controversial rules. Mrs. Holt pointed out that the draconian decision to rob off the pension compensation from her was quite demanding and makes Ken’s service and life worthless. Ken dedicated all his life to his country and assured his wife that the Royal Navy would care for her if the unexpected happens.

Mrs. Holt pointed out that she was happy to learn that they were many other women going through the same experience. She also insisted that War Widows’ Pension should be given to all women irrespective of whether they decided to remarry or not. In 2015, the UK government decided to change the law to allow all war windows to maintain the “killed in active service” for all their lives irrespective of whether they decided to remarry.

Mrs. Holt and the other 299 windows who decided to remarry before the due date were not included in the new arrangement because the law had no room for backdating the claims, which helped the Treasury to save nearly £30 million every year.

The 300 windows are only left with one option for reclaiming their mis-sold pension, ending their current matrimonial unions to benefit from the possible £7,000 every year. The WWA-War Widow’s Association- and the Daily Express are pressuring the UK government to rethink the new law by employing the Armistice Day centenary. Mrs. Holt hailed the crusade and observed that it was the right time for the government to act. Although Mrs. Holt has not yet received the £7,000 tax-free compensation, she has already received the £20,000 gratuity settlement.

Ken had served in the Royal Navy for 28 years having worked onboard for HMS Tenby, HMS Scarborough, and HMS Zulu.

Linda McHugh, another widow who has been penalised for remarrying urged the Armistice Day centenary and other crusader groups to continue pressuring the government to effect the changes. She pointed out that her late husband, John Gibbons, a trooper died from a booby-trap bomb in 1973 but later decided to remarry. The number of mis-sold pension claims will significantly increase in the coming years because the country has over 15,800 widowers and windows. The Armed Forces Covenant affirms that veterans, personnel, and their households reserve the right to be rewarded and sustained.

Report shows the personal injury claims in the UK are at five-year low

Claiming for medical negligence in the UK has been an uphill task for many UK citizens. The MOJ-Ministry of Justice Statistics- shows a significant decrease in personal injury (PI) claims in the last five years. Civil justice figures also show that personal injury claims in the county court have decreased to 33, 500, a 7 percent decrease in the first three months of 2018. The slump points towards a reversal in PI claims trends compared to the same duration in 2017 that recorded a 10 percent rise in PI claims.

The shocking statistics come just a few weeks after the Compensation Recovery Unit from the UK Department for Work and Pensions claimed that the overall number of PI claims recorded with it decreased to 853,615, a 13 percent decrease. PI attorneys say that the government is making a remarkable gain in reducing the number of claims and the government wants the changes proposed in the previous years to take effect before effecting new changes.

David Gauke, the Justice Secretary has supported the latest Civil Liability Bill claiming that the number of whiplash claims has remained unreasonably high for a long period and that depicts the drawbacks of the broad compensation culture.

The new law also provides a new tariff for whiplash damages. The ease of claiming for medical negligence will depend on the effectiveness of the reforms proposed by the government. Rory Stewart, the UK justice minister also affirmed in parliament that the British government is committed to implementing all components of its reform strategy by 2019.

The proposed reforms include strategies included in the Civil Liability Bill, as well as, other supplementary challenges to boost the small PI claims limits that need a secondary legislation. Additionally, the civil justice figures shared by the MOJ affirm that the time taken to file PI claims has increased by 14 days to 793.8 days.

In the first quarter of 2018, nearly 98 percent of the unspecified monetary defenses mostly comprised the PI claims despite the presence of legal representation for both parties. The Government also suggests that the PI claim changes will also lower insurance premiums. The current average insurance premiums have increased to more than £700 which is extremely higher for many UK citizens.

The cost of claiming for medical negligence has also been adversely affected by the skyrocketing cost of living in the country. The Government also suggests that the unlawful whiplash claims have added an extra £2 billion to the insurance cost.

The number of whiplash claims has continued to decrease each year. Experts in the field have argued that the ever-increasing IPT-Insurance Premium Tax-significantly account for the increased insurance costs. Both personal injury solicitors and their clients will be interested to see if the proposed PI claim reforms will benefit them and streamline the entire process for claiming for personal injury negligence.

Changes to divorce law planned to curb antagonistic acts

An overhaul of the divorce law is planned by the ministers to minimise antagonism. The England and Wales divorce laws will be subject to change under the government’s plans that looks for ways to allow couples to divorce more quickly and will less acrimony.

Justice Secretary David Gauke is to begin a consultation on the introduction to the change of the laws to achieve “no fault” divorces. According to Gauke, the current system creates “unnecessary antagonism” between the split couples. As per campaigners, this for divorce law could be a “landmark moment”

There have been issues associated with the current divorce laws. People have refused to give others divorce causing increased pressure and disagreement that has affected children in a relationship. The period taken before a divorce is granted and finalised has negative effects on either the partners in a relationship.

 Under the current English and Wales, the grounds for divorce include:

– Adultery

– Unreasonable Behaviour

– Desertion

– Living apart for more than 2 years and both parties agree to a divorce

– Living apart for 5 years or more even when neither of the partners agrees

In the divorce process, there are the concepts of fault or blame, which under the government‘s proposal could be written off. Another section that is part of the reform is where the spouses could lose the right to contest a divorce. Usually one seeks a solicitor this area of law in the country. For couples in Manchester who would want to contest a divorce, they may look for family law Manchester experts.

A move for a “no-fault” has been there for close to 30 years in the UK and pressure has been building. In 1990, The Law Commission recommended a no-fault divorce and many senior judges favoured it. Usually, as it is believed by many people, couples divorcing are emotionally and financially torn apart. As these try to make living arrangements for their children, they end up blaming each other with one of the party worsening the already stressful process.

In the Act of Parliament of 1996 that needed spouses to attend “information meetings” the encourage reconciliation the “no-fault” divorce would have been introduced. However, after pilot schemes, the government found it unworkable.

Now the plan by the Ministry of Justice intends to end the right one spouses to contest a divorce and at the same time consider the waiting time for the parties to be granted a divorce. A minimum of 6 months was suggested. As per the government’s proposal, there should be a notification system. Under this, should a partner be maintaining the marriage has broken down beyond repair, they qualify for a divorce.

There are concerns that the change of the law will undermine marriage but many people believe it could eliminate a layer or stress and anxiety in one of the most traumatic couple’s experiences. Should the law get changed, this would mean a lot for divorce solicitors in the North West and across the UK. It could bring some impacts on the family law Manchester firms. The reasons for changing the law according to experts revolve about reducing conflict in divorce and coming up with a law that suits the 21st century.

Driving Solicitors

Learn About these Laws Surrounding the Use of Dash Cams in the UK

Dash cams are legal in the UK
This is definitely the most important thing to know about dash cams in this context. You won’t require special permissions to use dash cam on UK roads since they are legal. In fact, you would just fit one in your car without the need to notify someone.

Certain situations of using dash cams require you to inform other people

You must inform others about a dash cam if your car is not solely for personal use. At times people share their vehicles, for example in instances of company schemes or a taxi service. You have to tell the other person in the car that they are being recorded. It is a matter of breach of privacy. If you sound record, sometimes even video record another person without them being aware, it is considered a serious breach of privacy. So if you operate a taxi, or you drive minicab, coach, cabbies and others, you must inform every passenger who enters your vehicle.

Dash cams can be used in court
Dash cams can provide valuable information in a case in court. There have been cases in the UK where dash cams have been used to prove a case that otherwise would have been left to testimony and conjecture. The first jail sentence to be handed with the aid of a dash cam in the UK was in 2015 when a dangerous driver was convicted with the assistance of an incriminating dash cam footage.

A dash cam by a concerned citizen helped the police, who then proceeded to arrest the driver. So yes dash cams are useful in law courts where necessary and have been used. In fact, there are so many cases of police tracking down lawbreakers in the country using dash cams. Driving solicitors also utilise dash cams to help prove cases

Incorrect installation of a dash cam is illegal
One thing that could invalidate your use of a dash cam is how it is fitted. It is very important to understand that dash cams should only be fitted in a way they don’t obstruct your field of driving while driving. You could be fined for unsafely positioning a dash cam. What is worse is that driving solicitors working for you may not use the footage recorded in an incorrectly installed dash cam since it is considered inadmissible in court. You could even be charged with a driving offence should a road traffic collision happen when you have an incorrectly mounted dash cam.

You can submit a dash cam footage to the police reporting law-breaking motorists on UK roads

Just any footage that shows another motorist breaking the law. In July 2018, Nextbase, a dash cam manufacturer partnered with the regional constabularies, (including the police forces) of England and Wales launched the National Dash Cam Safety Portal. This is where you can quickly and easily submit a footage to the authorities.

How To Deal With A Statutory Demand

How To Deal With A Statutory Demand

Have you ever failed to pay your debt on time? If yes, chances are you might face pressure to make a payment in the form of a statutory demand letter and reminders. In most cases, a statutory demand is often the last resort for a creditor that hasn’t been paid on time by your business. That’s why your business would have legal repercussions if ignored. Keep reading to find out how to deal with a statutory demand.

Statutory demand – what is it?
A statutory demand is basically an official document which demands your business to pay your debt for the creditor. It is often sent by your creditor after other types of debt collection like reminder letters or phone calls have failed. A solicitor is required for sending statutory demands, which costs a lot of money for the creditors to hire. This means that when you receive this document, the creditor is undoubtedly ready to take serious action against your business, so you should seek guidance from across the solicitors Chester landscape.

Requirements for statutory demands
A creditor cannot just issue and send you a statutory demand to prompt an immediate payment of their debts. In fact, they have to meet a few requirements:

– The debt should be more than £750

– The debt shouldn’t be secured by an asset worth more than the debts

– The debt should be agreed on by your company without any dispute

– The creditor mustn’t owe any debt to your business

If the creditor meets all of these conditions, they can send to you a statutory and require a debt payment within 3 weeks.

What should you do with a statutory demand?
When you receive a statutory demand, it suggests that the situation is incredibly serious. Thus, your business should never neglect it, or the creditor will issue a petition to liquidate the assets. There are many to respond to statutory demands. The most obvious one is to pay all of your debt to the creditor. So if your business has sufficient cash flow and funds, this should be the first response to a statutory demand.

But what if your company is in financial difficulty? Then it is necessary to negotiate a CVA or company voluntary arrangement with your creditor. This document will enable your company to pay a partial or full amount over an agreed period. Make sure to do all of these tasks within 3 weeks.

What if you neglect a statutory demand?
Since a statutory demand is the last resort of your creditor to get their money back, they can file a petition to the High Court. As a result, it will lead to the liquidation of your assets and the closure of your business to repay the creditor. Therefore, make sure to respond to the statutory demand quickly to avoid these issues.

Manchester law firm announce partnership with Dementia Support group

Manchester-based law office, Glaisyers Solicitors LLP, has framed an association with Together Dementia Support to run a CSR program supporting the association’s work throughout the following year. The law office, based at St James’ Square in the downtown area, will raise support and give help to volunteers throughout the year to come for a very worth charity which offers support and restorative exercises for individuals living with dementia and their carers all over the Manchester region.

Remarking on the association, Chris Burrows, a senior staff member at Glaisyers Solicitors, stated: “We needed to choose a philanthropic cause that we could truly help, not simply fund-raise for. Notwithstanding raising support, our specialists can manage lawful issues including legalities surrounding dementia and offer information and involvement here. This empowers us to give useful help to both the association, and the general population. It makes a difference.”

“In Together Dementia Support, we feel that we have discovered a cause that offers a comparative ethos to Glaisyers Solicitors LLP, so everyone in the firm is anticipating doing their bit to have a genuine effect to both the organisation and those it bolsters. With more than 850,000 individuals living with dementia in the UK, there are not many people that have not been impacted by the illness somehow.”

Together Dementia Support was set up in 2014 in light of the requirement for individuals living with dementia to have spots to go and suitably empowering exercises to do. The association has developed relentlessly and as of now runs eight help groups over the city of Manchester, something that Manchester solicitors Glaisyers are in support of.

The charity and its staff team give a scope of exercises including: a ‘Walk and Talk Group’, a Gospel Choir, a Carers’ Drop-In and an Art Group. As well as the support of Manchester solicitors, it also depends on an extensive group of volunteers who help the accomplished facilitators to run these gatherings.

On the organisation’s behalf, director Sally Ferris stated: “We are so pleased to work with Glaisyers Solicitors LLP and are extremely thankful for their help. Our gatherings and exercises are such a key advantage to numerous people in the district living with dementia. This help will enable us to expand on our timetable of projects and keep on delivering support across our network.” TDS is excited about enhancing the personal situations of individuals with dementia, and their carers, trusting that individuals with this condition still have much to add to society and ought to be empowered to remain physically fit and have a fabulous time.”

Together Dementia Support is quick to empower the voice of individuals with dementia and their carers to be heard in forming better administrations. The association with Glaisyers will help TDS in raising assets to keep up and build up its administrations. It will likewise help Glaisyers staff and supporters to take in more about dementia and to realize that they can have a positive effect for these individuals in Manchester.


How To Recognise And Deal With Gross Misconduct

Gross misconduct is a serious behaviour by the employee that is so bad that it destroys your relationship with the employee. Where experts are involved, gross misconduct becomes professional negligence and can lead to the dismissal of the employed professional.

It might be challenging for some people to recognise gross misconduct but it is pretty easy to do so. Generally, gross misconduct is a serious breach of contract, including what an employer finds to be a cause of serious damage to a business or company. These are offences which irreparably break down trust and relationships in a business. You can find a professional negligence solicitor to guide and offer assistance in recognising and dealing with gross misconduct.

No exhaustive list of offences is available but common ones include

– physical violence
– damage to property
– bullying
– theft
– accessing pornographic and other obscene material sites
– damaging a company’s reputation
– incompetence caused by dependence on alcohol and/or drugs
– failure to obey rules
– breaching health and safety rules
– serious neglect of duty

To easily recognise gross misconduct, you as the employer should have your own list with regards to the circumstances of your business. It would also be advisable to state that the list is not exhaustive. A better way to do it is to inform your employees of anything that generally could break down relationships and harm your business.

Having such a list shows that any employer involved in gross misconduct was aware that committing a certain offence is very serious and can lead to their dismissal.

You should be careful when dealing with gross misconduct. Ensure you have a disciplinary procedure for your business or firm, which is unique to it. Make sure that the policies and procedures used when dismissing an employee comply with the ACAS code of practice. This is because failing to follow the ACAS guidelines even in the event of professional negligence can lead to unfair dismissal claims. You most certainly don’t need a claim made against the company especially when you have already lost.

Take into account always neutrality and impartiality when dealing with gross misconduct. If it is possible, make sure roles of an investigation officer, disciplinary officer and appeal manager are performed by different members of the management team. No biases or unfair treatment can be associated with a dismissal handled this carefully. In case of a dismissal that escalates to a tribunal hearing, you are protected as the employer.

There are times when an employer is unable to decide if an offence counts as gross misconduct or not. You should involve a professional negligence solicitor if you are unsure of a situation before rendering a dismissal.

There are actually other alternatives to dismissal when dealing with gross misconduct. You can issue a warning, give a period of suspension without pay, strip seniority, demote or redeploy.