HideOut Youth Zone – flying the flag for young Mancunians

James Plant Hideout Youth Zone

Hideout Youth Zone

As a Beyond Group  company, we are delighted to support HideOut Youth Zone, which is flying the flag for young Mancunians and the new breed of youth centres.

Launched in Gorton – one of Manchester’s most deprived areas – in 2020, the £6.6 million facility has quickly earned a reputation as a sought-after safe space for local youngsters, many of whom rush to the centre right after they’re done with school.

Beyond Group are supporting HideOut Youth Zone for the next four years as a Founder Patron, making a significant pledge to the young people’s youth charity.

Beyond Group are donating their staff time, financial support and partnering support to HideOut. This vital aid helps to ensure that young people from across Manchester continue to have access to new and exciting opportunities as well as important support services.

Matt Fleetwood, Beyond Group Head, said: “We are proud to support HideOut Youth Zone and their vital work in engaging young people across Manchester. As a Group we believe, very strongly, in supporting our community and in particular, young people, and Hideout Youth Zone does valuable work in this area. We are committed to helping them in their continued efforts to improve the lives of those young people.”

Dan, one of HideOut’s young people, says he keeps coming back because the Youth Zone is one of the rare places where he’s given independence: “You can book onto whatever you want – you have your own freedom,” he explained. “In school it’s just maths, English, science, your standard. Whereas here you’ve got cooking, the gym, boxing, football. You can do everything! Even a bit of yoga to relax yourself after a nice footy session. Every Friday we come here and play football with all my mates from the local estate, we grew up together. We come here, get along with the staff and we have a game.”

An incredible achievement

HideOut cut the ribbon to their youth zone right in the middle of a pandemic – which initially seemed like bad timing. The centre was forced to delay its opening by several months, and even now staff are operating seven days a week under strict COVID protocols.

Adam Farricker, HideOut CEO, said: “To date the team have engaged over 1,500 local children and young people via centre-based support groups, one to one support, weekly welfare calls, digital and online engagement, family food packages and holiday provision for children on free school meals. This is an incredible achievement considering the ever-changing restrictions we have been working through.”

 

Hideout Youth Zone
The new youth centre on Hyde Road in Gorton

Fred Done, one of HideOut’s capital funders, said he had “immense pride” in what the centre had achieved in such a short space of time.  “It started as a dream, and now it’s a dream come true,” he stated.

One year on since HideOut arrived, it’s clear to see the hard work of staff, and philanthropy of supporters, has been worth it. Not only has Gorton’s young community quickly come to understand and appreciate the difference the Youth Zone has made to Manchester – they’re also proud to wear their HideOut badges on their sleeves.

How can you get involved?

Become a Founder Patron

As a Founder Patron you will form part of an exclusive family who share a vision to transform the lives of young MancuniansFounder Patrons offer financial support for up to four years alongside ideas, introductions, time and partnering opportunities. This level of consistent support is critical to the success of the charity and ensures they can provide a first class offer for young people.

HideOut Youth Zone are on the lookout for five more Founder Patrons to meet its annual income targets this year, and would ask anyone interested to get in contact with Richard.driffield@hideoutyouthzone.org.

Join the Thousand Campaign

The Thousand Campaign is a regular giving initiative which supports the youth zones core funding, as well as providing subsidised membership and entrance fees for young people. Individuals or small groups can sign up here and pledge a monthly donation of £66.66 + Gift Aid (which increases your donation by 25% at no extra cost) providing an total annual gift of £1,000 to support the young people of Manchester.

Watch 12 Monthsa short film by HideOut about the progress made despite a challenging past year.

You can learn more about HideOut Youth Zone by visiting the official website.

The Villiers’ divorce

Charles Villiers divorce

The Villiers’ divorce

There has been a lot of coverage in the press recently regarding the divorce of Mr and Mrs Villiers. It is a complex case, legally, which has involved many court hearings, both in England and in Scotland. The case highlights the issues that can arise when a couple are able to issue divorce proceedings in more than one legal jurisdiction, in this case in England and in Scotland. It also highlights the fact that the law is open to interpretation by judges and therefore it is not always easy to predict the outcome of court proceedings and that a negotiated settlement is preferable where possible.

 Partner Fiona Wood examines the issues.

The couple married in1994, moved to Scotland in 1995 and lived there throughout their married life. They separated in 2012, with Mr Villiers remaining in Scotland and Mrs Villiers returning to live in England.

Issuing divorce proceedings

The couple then both issued divorce proceedings, Mr Villiers in Scotland and his wife in England. There were court hearings regarding which country should deal with the divorce. Mrs Villiers would receive a greater financial settlement if the divorce was dealt with by the English rather than the Scottish courts, so both were keen to divorce in their country of choice.

Both countries’ courts agreed that the divorce should be dealt with in Scotland, as that was where the couple had last lived together. However, whilst the divorce proceeded in Scotland, Mrs Villiers was able to apply in England for maintenance under s27 Matrimonial Causes Act 1973, as Mr Villiers’ application in Scotland did not include an application for spousal maintenance. S27 allows one spouse (where still married) to apply for maintenance if the other spouse has failed to provide them with reasonable maintenance. An order was made that Mr Villiers pay his wife maintenance, until their financial settlement was dealt with, of £2500 per month plus £3,000 per month to fund her legal costs. Mr Villiers appealed this decision.

EU law

The appeal went to the Supreme Court. Mr Villiers argued that it was not appropriate for a divorce to take place in one part of the UK, whilst the issue of maintenance is dealt with by another part. Much of the legal argument dealt with EU law, as the hearing took place before Brexit. The husband lost his appeal, with two Supreme Court Judges agreeing with him and three agreeing with his wife. The issue was not clear cut.

There was a further hearing in England last month, where Mr Justice Mostyn concluded that Mr Villiers should not have to pay maintenance to his wife, due to Mr Villiers’ financial position. Mr Villiers is now hopeful that they will return to court in Scotland and finalise their divorce and financial settlement there.

Brexit

Now that Brexit has occurred, the law governing the issue of maintenance, which was considered by the Supreme Court, has changed in England as EU law is no longer relevant. Now the English court has the power to impose a stay of proceedings issued in England, if there are other proceedings concerning a marriage in another country, if it considers it is in the balance of fairness to do so. Had Brexit taken place earlier the outcome of the appeal to the Supreme Court may have been different. Certainly, Mr Justice Mostyn is of the view that the Scottish court should have dealt with the couple’s financial claims.

If you are affected by any of the issues raised here, it is important that you take specialist legal advice. Please get in touch today. We are here to help.

Do I have to pay tax on my divorce settlement?

do I have to pay tax on my divorce settlement

Do I have to pay tax on my divorce settlement?

Some people believe that as a divorce settlement takes place between a married couple tax is not payable, but that is not always correct. Partner Fiona Wood, who is particularly accomplished at dealing with divorce cases where there are substantial and complex assets, explains.

The type of assets that you and your spouse have and when you and your spouse separate will determine whether tax is payable and when it is payable.

How is tax factored into a divorce settlement?

When looking at the value of matrimonial assets, it is the net value that is relevant. Therefore if you have assets that will attract tax, usually Capital Gains Tax, when they are sold or transferred between spouses, the tax needs to be calculated and taken into account when calculating the total assets before you decide how they should be divided between the couple.

For example, if a couple jointly own a second property, a holiday home, which is worth £300,000, but if sold they would each have to pay Capital Gains Tax of £30,000, the value of the property taken into account within the divorce is £240,000.

Which assets attract tax?

The family home does not usually attract tax when it is sold or if transferred to one spouse, provided that it is the couple’s main residence, as it will qualify for Private Residence Relief in most cases.

Holiday homes or investment properties, if they have increased in value since they were purchased, are likely to result in the payment of Capital Gains Tax when they are sold or transferred to one spouse, as will some investments. Shares in private limited companies are also likely to attract Capital Gains Tax if sold or transferred to one spouse, although some tax reliefs may be available to reduce the tax payable.

With regard to payments of child maintenance and spousal maintenance, these are paid out of income that has already been taxed, so the recipient of these does not have to pay tax upon them.

Does  the date the assets are sold or transferred impact the tax payable?

If an asset is sold to fund a divorce settlement and tax is payable on its sale, it does not matter when it is sold, the tax will have to be paid. Given that we all have annual allowances for Capital Gains Tax there may be some advantage to assets being sold in different tax years, if a few assets are being sold within the divorce that attract tax.

Where an asset is transferred from one spouse to the other, if the transfer takes place in the tax year of separation, the total gain is retained by the spouse who is retaining the asset and they will pay the tax when they sell the asset at a later date. If the asset is transferred after the tax year of separation, the spouse that is transferring the asset will have made a disposal for Capital Gains Tax purposes and will have to declare this gain and pay the tax. In this scenario it is important that the spouse who is transferring the property has sufficient cash from which to pay their tax as part of the divorce settlement. When the transfer takes place does not reduce the tax payable, but it dictates when the tax has to be paid and which spouse has to pay the tax.

The date a couple separate can be very important from a cash flow perspective when looking at their financial settlement. Some couples agree to transfer properties and shares in companies before they have reached a financial settlement, so that the transfers take place in the tax year of separation, thus avoiding having to find funds to pay tax liabilities at that juncture. Transferring the assets before a financial settlement is agreed does not change the financial claims that each spouse has within the divorce.

If you are experiencing problems in your marriage and have assets that could attract a payment of tax if transferred to your spouse or sold to achieve a divorce settlement, you should take advice from a specialist family lawyer and an accountant, in order to see what the likely financial settlement will be if you divorce and what tax is likely to be payable as a result of this.

If you are concerned about any of the issued raised here, please get in touch today. We are here to help.

Can I get custody of my children?

child custody

Can I get custody of my children?

It is not unusual in a family law case for a client to ask us “Can I get custody of my children?”

Partner and children law expert Ruth Hetherington explains.

Firstly, it’s important you understand that the concept of child “custody” no longer exists in English law and indeed has not done so since 1989. Having said that, we understand that many people undergoing separation or divorce think of looking after their children and having those children live with them in terms of custody. Since 1989 this has been known as Parental Responsibility, which is automatically acquired by a mother on the birth of a child, and by all married fathers, and all fathers whose names are on their child’s birth certificates.  

Many will ask us who will get custody or talk about sharing custody or want to know their rights regarding custody. The answer to this question is that, save in exceptional circumstances, both parents will retain Parental Responsibility during the child’s minority and the Court expects them to use this responsibility to decide with which parent the child will live, and how the other parent will spend time with them. We accept that when the media still reports that such-and-such a celebrity is going to court over child custody, or watch a film where one parent fights for custody of the child (Kramer vs Kramer being perhaps the most famous and enduring example of this), this confuses parents when separating.

Child Arrangements Order

The best arrangements are those that are agreed between the parents, and which suit their family’s own circumstances; as stated above, this is what the Court expects.

For those who can’t find a way to reach an agreement, that is, you and the other parent cannot agree where your children will live and when and how they will spend time with each parent – then you need to instruct a solicitor to apply to the Family Court for a Child Arrangement Order  so that each adult can spend time with and/or live with the child or children. But before you go down this path, we would urge you to first attempt mediation, which is where an independent third party will listen to both sides and try to help you, as a couple, reach an agreement.

The best interests of the child

The most important consideration of the Court, and one which you should keep in front of mind, is that it will always consider what is in the best interests of the child, as opposed to any perceived “rights” of any of the adults involved. The Court will determine the facts and decide upon what is in the child’s best interests. A “presumption of continued parental involvement” exists, but this should not be mistaken as a presumption of shared care, or even a guarantee of direct or indeed any, contact.  Rather it is an acknowledgement that parental contact with a child is assumed to be in a child’s best interests, providing of course there are no welfare issues why this should not be the case. The Court will determine the facts and consider the Welfare Checklist to help it decide upon what is in the child’s best interests. This Welfare Checklist includes things like the age, physical and emotional needs and wishes and feelings of the child, any harm which the child has suffered, or is at risk of suffering, and will consider the child or children’s age and maturity. In addition, the Court will also look at the capabilities of the parents to meet the physical and emotional needs of the child.

Shared care

One thing it is important to remember: there is a presumption of continued parental involvement by both parents, often referred to as shared care. It is worth bearing in mind that continued parental involvement does not mean a specific division of time: that is, it’s not necessarily a 50:50 arrangement. Again, we must stress that the Family Court will always look at cases on an individual basis, and the best interests of the children will always be at the heart of any and all decisions made. An order made by the Court is legally binding, which is why you should bear in mind that it may be more advantageous to come to an agreement outside of that Court system, so that you, and your ex, can agree a mutually beneficial, and considerate, system of flexibility so that you can both adopt an arrangement that allows for the sometimes unpredictability of real-life commitments.

 

If you are affected by any of the issues outlined here, please get in touch today. We are here to help you.

Children giving evidence in court

children giving evidence in court

Children giving evidence in court

In the final blog of our series covering the Brad Pitt and Angelina Jolie relationship difficulties making headlines around the world, Senior Associate Nicola McDaid discusses the very difficult topic of children giving evidence in court.

Angelina Jolie and Brad Pitt‘s son Maddox has testified against his father during the couple’s contentious divorce and custody battle – offering a “not very flattering” opinion about the actor.

When a couple goes through a separation or divorce, it can be an exceptionally difficult time for all concerned, but when children are involved it can become even more emotionally challenging.

The issue of whether a child should give evidence in proceedings should be considered at the earliest opportunity by the Court and all parties. This decision will depend on the purpose of the child giving evidence, the significance of the allegations made and whether other evidence is available.

This is not commonplace and every case will be different, so specialist advice on this issue is crucial.

Following the leading case of Re W (Children) [2010] UKSC 12 and again reiterated in by McFarlane LJ in E (A Child) [2016] EWCA Civ 473, the Court’s main objective is to achieve a fair trial. With this objective the Court must weigh up two considerations to a child giving evidence in Court. They must consider:

* the advantages that it will bring to the determination of the truth

* the the damage it may do to the welfare of the child.

In determining these considerations, the Court must have regard to:

* the child’s voice, age, needs, maturity, vulnerability, abilities

* the nature of the allegations

* the quality and importance of the child’s evidence

The Court must always take into account the risk of harm which giving evidence may do to the child and how to minimise that harm. Section 1(3) of the Children Act 1989 sets out a checklist of factors the Court is required to take into account when making a decision which affects the welfare of a child. The Court will also need to take into account practical and procedural issues, such as:

* giving the child the opportunity to refresh their memory

* the type and nature of the questions

* the appropriate identity of the questioner, as one person is generally identified to ask agreed questions of the child.

A child generally does not give evidence to the Court in the same way as an adult would.

The court also needs to look at what other evidence maybe available.  The child may have given an interview to the police for example. If so, the Judge may need to view the interview before making any decision as to whether a child should give oral evidence to the Court.

Following the case of Re W, 12 guidelines were issued. They were specifically designed to assist the Courts in deciding upon whether it is appropriate for a child to give evidence.

If there are criminal proceedings in which the child has given interviews, then there needs to be close liaison between the criminal and family Courts so as to avoid any prejudice to either set of proceedings.

As can be seen is it a complex area to navigate and for children, giving evidence in court can be a frightening experience for them; all factors need to be taken into account not only to ensure that the case is dealt with justly, but also to protect and minimise any emotional damage that could be caused to children who go through this experience.

At McAlister Family Law we have an experienced team of family lawyers specialising in this area, who are passionate in ensuring that the voice of the child is heard but also ensuring that they are protected wherever possible.

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

Will a history of drug and alcohol misuse prevent you from spending time with your children?

Brad Angelina drug and alcohol

Will a history of drug and alcohol misuse prevent you from spending time with your children?

Continuing our series of blogs covering the Brad Pitt and Angelina Jolie relationship difficulties currently making headlines around the world, today Associate Melissa Jones look at Brad Pitt’s history of drug and alcohol misuse, and examines whether this would affect a separated parent’s contact with their children.

Brad Pitt alcohol

It is a matter of record that Brad Pitt has battled addictions to both alcohol and marijuana for many years, and attended Alcoholics Anonymous meetings for more than a year after his now ex-wife Angelina Jolie filed for divorce from him in 2016.

“I can’t remember a day since I got out of college when I wasn’t boozing or had a spliff, or something.” Pitt told GQ Style in 2017, several months after Angelina Jolie, with whom he shares six children, filed for divorce. “I’m really happy to be done with all of that. I mean I stopped everything except boozing when I started my family.”

Child contact and the law

The law, as it stands, presumes that it is in the children’s best interests for each parent, even when they have separated, to continue to be involved in the lives of any and all of their children, unless such involvement may subject them to a risk of harm.

This misuse of alcohol, drugs – both prescribed and illegal ones – often feature in cases coming before the family court, where one parent wants to prevent contact with the couple’s children because of concerns around the safety of the children. That allegation may set in motion assessment, by the courts, CAFCASS or Social Services, of the risks that may be posed to the children involved.

As family law solicitors, we are all too familiar with such cases coming before family court, and it is not unusual for an ex-partner to allege the other parent should have only limited, or indeed no, contact, with the couple’s children because of previous drug and alcohol misuse and the risk such misuse poses to those children.

What measures can the court take?

The court has a number of ways it will both establish any potential risk and manage it:

– it can make regular testing and monitoring of alcohol and drugs, which might include hair strand testing, breathalysing pre and post child contact, and/or the wearing of a SCRAM bracelet*

– it can require an undertaking that the parent will not consume alcohol or drugs when having contact

– it can require the parent’s attendance on specific therapeutic and remedial courses

With parents that do have difficulties like those outlined above, from the courts’ perspective, there are ways of working through them so that children can maintain positive relationships with both parents.

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

*Like a breathalyser for the ankle, the SCRAM Continuous Alcohol Monitoring (SCRAM CAM) bracelet provides 24/7 transdermal alcohol testing, automatically sampling the wearer’s perspiration every 30 minutes.

Domestic abuse and divorce

Jolie Pitt domestic abuse and divorce

Domestic abuse and divorce

Continuing our series of blogs covering the Brad Pitt and Angelina Jolie relationship difficulties currently making headlines around the world, and in which Jolie has made allegations of abuse against Pitt, today solicitor Heather Lucy looks at the issue of domestic abuse and divorce.

Domestic abuse is, sadly, a perennial issue in interpersonal relationships. When someone has found the opportunity, means, and assistance to leave a marriage that is characterised by domestic abuse, they often ask themselves the question “what impact will my ex partner’s behaviour have on our financial settlement?”

Funding

Legal Aid is not usually available for matters arising on the breakdown of a relationship, including the divorce proceedings and financial remedy proceedings, but, in a case where there has been domestic abuse, the victim may be eligible to receive public funding. It should be noted that this is a means-tested award and the applicant will need to show some evidence of their abuse at the hands of their ex-partner. A lawyer should be able to ascertain whether a client is likely to receive financial assistance and help them make the necessary applications.

Finances – the arena

Resolving the matter of the family finances on divorce is something that will likely weigh heavily on any separating couple’s minds. Separating spouses are encouraged by the courts to use means of Alternative Dispute Resolution (ADR) before resorting to an application to the court but this is not appropriate in all circumstances. One such circumstance is where there has been domestic abuse; the courts do not consider it appropriate to make attempting ADR a pre-requisite of any application for financial remedy in this case.

Finances – the award

If a separating couple cannot decide on how their assets should be divided, they will most likely ask the court to make a decision for them. When the court looks at how the parties’ assets should be split, they will need to consider a list of factors including the parties’ relative ages and earning capacities, the length of the marriage, and whether there are children of the family. One of the other factors the court can consider is the conduct of each party.

Conduct is very rarely considered to be sufficient to change the outcome of a case. This is, in part, because the court does not seek to apportion blame for the breakdown of a relationship. The court, in reality, only takes into account conduct that it would be ‘inequitable to disregard’. So, what exactly does that mean? In short, it is unlikely to include domestic abuse.

Family lawyers will refer to this as the ‘gasp factor’ which shows that the behaviour of the perpetrating party must be enough to warrant shock – however, bear in mind this is not a precise legal test.

When coming to a final award, the court must have regard to meeting a parties’ needs. Interestingly, the court can choose to penalise a party for their conduct to an extent that their needs are not met but this is a rare situation indeed.

In short

Domestic abuse, unless it is of the most extreme nature, is unlikely to impact a court’s decision on how the matrimonial assets should be divided. Parties should be made aware of this at the outset of their case as not to increase litigation costs or protract the proceedings bringing an end to a particularly unhappy marriage.

At McAlister Family Law we can give guidance on what the courts may take into account, but the behaviour is generally thought to be extreme to the point that the courts feel that it would be inequitable to ignore the behaviour.  Unfortunately, the vast majority of cases that have an element of abusive or controlling behaviour do not impact on the financial settlement that the court would order or approve.

 

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

Changing your children’s last name after divorce

Jolie Pitt divorce

Changing your children’s last name after divorce

Continuing our series of blogs covering the Brad Pitt and Angelina Jolie relationship difficulties currently making headlines around the world, it is reported that the couple’s son Maddox doesn’t use Pitt as his last name on documents that aren’t legal, using Jolie instead – and wants to make this name change legal.  Solicitor George Wilson looks at the options available in this country, and considers the wider implications of such a decision.

It is a matter of record that Maddox Jolie-Pitt has a troubled relationship with his father, especially after an altercation during a private jet flight to Los Angeles, five years ago. Although Maddox wants to drop his father’s name and go from Jolie-Pitt to Jolie, it’s reported that his mother doesn’t support this. What would be the situation here?

Changing your name by deed poll

Under English law, if you are over the age of 16 you can change your name by deed poll, and you do not usually need your parents’ consent to do this. Your parents also cannot change your name for you without your consent.

However, there are some exceptions to the above. If you are subject to

* A ‘Live with order’ whether that is a Child Arrangements Order or Residence Order in England, Wales, or Northern Island

* A Special Guardianship Order in England and Wales

* A Care Order (or interim Care Order) in England, Wales, or Northern Island

* Any other court order which says that your name cannot be changed

If one of the four instances outlined above applies to you, then you’ll need the consent from everyone who has Parental Responsibility  for you, for as long as the court order remains in force. The order might be drafted so that it ends on a specific date. If not, then it’s safe to assume that it will come to an end on your 18th birthday.

If one of the four orders outlined above applies to you, and someone with parental responsibility refuses to give their consent, then you would need to apply for an Order of the Court allowing the change.

What about changing a child’s name?

Anyone under the age of 16 is, in law, a “child”, which means whoever has parental responsibility for the child would have to change the name by deed poll on the child’s behalf. To change the name of a child resident in England, Wales, or Northern Ireland, or overseas, there must be consent from everyone with parental responsibility, and that consent must be in writing.

What happens if the other parent refuses consent?

If only one person with parental responsibility wants to change the child’s name, and everyone else who has parental responsibility for the child won’t consent, then the person who does want to change the name can apply to the Court for a Specific Issue Order.

Usually, unless the Court believes that the link to a family name is better broken, they will be reluctant to take away the name of one of the parents. Courts tend to regard a child’s surname as something fundamental, and an important part of their identity.  Even if one parent has had no contact for many years, it’s still seen as important for a child to have the absent parent’s surname, because it may be the last remaining link to them.

That being said, there are very often more important things to consider than the continuation of the link of identity between a child and a parent.

It is worth noting that the closer the child is to the age of 16, the more weight the court will likely give that child’s wishes and feelings.

What if no one gives consent to change your name?

If you are under 16 years of age, want to change your name, but none of the people with parental responsibility for you will consent to it, then you can apply to the court yourself, again for a Specific Issue Order.

You will need to show the Court that you have tried to work out any differences between you and those with parental responsibility before you made the application. You’ll also need to get the Court’s permission to make the application as you’re a child. This is called “Leave of the Court”, and you have to apply for permission first, before the Court would hear your application. The older you are, the more likely the Court are to give their permission to make the application for a Specific Issue Order and you’ll have to prove that you have a sufficient understanding of what you are applying for.

Think carefully before making any decision

Maddox Jolie-Pitt wants to change his surname, but his mother disagrees with this. If he goes ahead however, it’s likely Maddox’s brothers and sisters will have a different surname and they may be unhappy with this. There are wider implications which need to be considered thoroughly.  A divorce and various disputes that are still going on many years later is without question going to put a strain on any family. This is why all factors need to be considered carefully and we at McAlister Family Law are here to help should any of these issues affect you and your family.

 

If you are affected by any of the issues raised here, please get in touch today.

Can my ex stop me moving abroad with our children?

Can my ex stop me moving abroad with our children?

The Brad Pitt and Angelina Jolie relationship difficulties seem never-ending, and unfortunately, it’s a situation many warring ex-couples are all too familiar with. The divorce, which Jolie filed for in 2016, has gone through many iterations, including custody discussions and property discussions; they were declared legally single in 2019 but the legal arguments between the two continue.

At Christmas time, an anonymous source told US Weekly: “Brad and Angelina are equally responsible for the never-ending drama. Sadly, their children are collateral damage.”

The latest news from Hollywood is that the couple’s eldest son, Maddox Jolie-Pitt, has  testified against his father during the exes’ lengthy custody battle. We have learned, according once again to stories attributed to an anonymous source, that “Maddox has already given testimony as [an] adult in the ongoing custody dispute and it wasn’t very flattering toward Brad. He doesn’t use Pitt as his last name on documents that aren’t legal and instead uses Jolie. Maddox wants to legally change his last name to Jolie, which Angelina has said she doesn’t support.”

Jolie filed new court documents on Friday, March 12, that accused Pitt of domestic violence. The papers state that the actress and their children — Maddox, 19, Pax, 17, Zahara, 16, Shiloh, 14, and twins Knox and Vivienne, 12 — are willing to offer “proof and authority in support” of the claims against their father.

The couple are now said to be hashing out custody and financial arrangements, which will see their youngest children provide testimony – if they give permission.

A big factor in the couple’s battle is Jolie’s much reported desire to move abroad with the children – something which Pitt is reportedly vehemently opposed to.

This week the family law experts at McAlister Family Law will each day look at the specific elements raised in this sad case. American law is not the same as the law in England and Wales, but there are sufficient similarities to make these issues universal for divorcing parents. Today, Melissa Jones, Associate, answers the question: can my ex stop me moving abroad with our children?

Jolie Pitt divorce

Can my ex stop me from taking the children out of the country?

If one parent wants to take a child abroad, whether permanently or temporarily, the other parent with parental responsibility needs to consent. Anybody with the benefit of a Child Arrangements Order (for the child to live with them) can remove the child from England and Wales for a period of less than one month without the consent of the other parent with parental responsibility.

When parents separate, one of the considerations might be moving out of the family home and to a close location, but for others they might want to move much further away, potentially to another country entirely. When children are involved in the move, it can be quite daunting for the parent remaining in the original country, and equally just as worrying for the parent who wants to move, as they don’t know if their plans can go ahead.

Can Angelina and her children be forced to stay in Los Angeles?

This case is being decided in the USA. In England and Wales, both parents’ consent would be needed for the move.  If an agreement cannot be reached and a parent fears the other parent will travel regardless, that parent can apply to the court for a Prohibited Steps Order.

The first step the parties should look at in a dispute of this kind is whether they can engage in meaningful discussion or perhaps alternative dispute options such as mediation or the help of solicitor in negotiations.

What if the other parent still refuses the move?

This is quite a complex area of law. If consent is not forthcoming, a parent can apply to the court for a Specific Issue Order, for permission of the court to relocate abroad with the child(ren).

However, such proceedings are intricate, and complicated.  In the particular case of Jolie and Pitt, the court would need to scrutinise the proposals by Angelina Jolie and be satisfied that the proposals are reasonable and very importantly, in the children’s interest.

The case of Payne v Payne provided a number of factors the court will consider in an international relocation matter. Such factors include being satisfied that there is a genuine motivation for the proposed move and not simply to bring a divide between the other parent and the children, and in effect stop contact. The court will need to look at the effect on the “left-behind parent” if the move was granted alongside the contact that they would be able to have.

There has also been a more recent case of Re C [2015] in which the courts provided a more streamlined approach to decided such cases:

– There is no difference in the basic approach between external relocation and internal relocation. The decision in either type of case hinges ultimately on the welfare of the child.

– The wishes, feelings and interest of the parents and the likely impact of the decision on each of them are of great importance, but in the context of evaluating and determining the welfare of the child.

– In either type of relocation case, external or internal, a Judge is likely to find helpful some or all of the considerations referred to in Payne v Payne [2001] 1 FLR 1052; but not as a prescriptive blueprint; rather and merely as a checklist of the sort of factors which will or may need to be weighed in the balance when determining which decision would better serve the welfare of the child.

We will have to wait to see what the American courts decide. Sometimes, when both parents possess seemingly limitless funds, they will carry on arguing in court for years. As a family lawyer, I wonder about the damage that may be done to the children involved.

 

If you are affected by any of the issues raised here, please get in touch today. Our experts are here to help you.

Can I move away from my ex, and take our children with me?

moving away from your ex and taking your children with you

Can I move away from my ex, and take our children with me?

It has often been said that some of the most contentious litigation occurs when there is a dispute over one parent moving away with the children in the face of opposition from the other parent.  Associate solicitor Paul Reay explains.

I want to move away with our children, but my ex opposes this

Irrespective of whether the proposed move is to another part of the same country, or to the other side of the world, the strength of feelings created are often the same. Whilst sometimes these moves can be agreed between the parents and appropriate arrangements made, more often than not, such cases involve parties whose positions are polar opposites; one who would wish to move and one who strongly opposes it.

Relocation, relocation, relocation

It goes without saying that to move to a different part of the country – or a new country entirely – will have significant consequences.  Take for example the case where two separated parents share the care of the child equally between themselves. This arrangement was most likely possible because the parents lived near one another.  If, however, a distance is established then the amount of time the children spend with each parent is inevitably affected. Even a move of only two hours’ drive away would most likely render the continuation of the previous arrangement impossible. The impact of such a move on the children would also be significant: they will need to become accustomed to living predominantly with one parent whilst spending time with the other during school holidays or at weekends, they will have to start a new school, make new friends – the list goes on.

Due to the fact that such cases have a grave effect on children, such cases are determined very carefully by the Court. In recent years, the Court of Appeal has considered a number or cases involving internal and external relocation and been required to assist – and at times remind – other judges and practitioners of the correct process to adopt when dealing with such cases. Further guidance was also provided in the decision in Re C [2015] EWCA Civ 1305. (https://www.familylawweek.co.uk/site.aspx?i=ed153303)

Having considered the Judgement of Lady Justice Black when determining the case of Re C [2015], it is I hope of use to anyone in this predicament that I highlight some of the important points raised within that Judgement: by doing so, if you are considering to relocate or in fact, trying to prevent someone from relocating, then I hope you will know what to expect from the Court.

Internal and external relocation – do they differ?

For a number of years, it was argued that cases involving one party relocating outside of the UK should be treated differently from those cases involving one party simply trying to relocate to another part of the UK. In Re H (children) (Residence Order) EWCA Civ 1338 [2001] 2 FLR 1277 (https://www.childreninlaw.co.uk/knowledgebase/re-s-leave-to-remove-from-jurisdiction-securing-return-from-holiday-2001-2-flr-506-fam-div-hogg-j/) Thorpe LJ postulated possible arguments for a different approach to be taken to internal and external relocation cases, yet could not find a particularly satisfactory foundation for it. A perfect example of why such an approach could cause problems can be found in the case of Re F (Internal Relocation) [2010] EWCA Civ 1428 [2011] 1 FLR 1382 (https://www.tandfonline.com/doi/abs/10.1080/09649069.2011.617074)  In this case, one party sought to move from the North East of England to one of the Orkney Islands. Although still within the UK, when looking at this move in further detail, such a move would be just as much, indeed if not more, of a geographical and logistical barrier as a relocation abroad. Put simply, it is easier to travel from Newcastle to Paris than it is from Newcastle to the Orkney Islands.

Black LJ concurred with the view of Thorpe LJ as she agreed that there was no justification to distinguish between internal and external relocation cases.

If the Courts do not differentiate between internal and external relocation, then what do they consider when deciding such cases?

Black LJ, in Re C has reaffirmed the position that ‘the welfare of the child is paramount’. In K v K (relocation: Shared Care Arrangement) [2011] EWCA Civ 793 [2012] 2 FLR 880 and Re F (Relocation) [2012] EWCA Civ 1364 [2013] 1 FLR 645 it was established that this was the only principle to be applied when determining an application to remove a child permanently from the UK, and it now appears that the same principle applies to cases involving internal relocation.

Child welfare is paramount

When considering child welfare, the Court will undertake a holistic balancing exercise, considering all aspects of the Welfare Checklist (Section 1 (3) of the Children Act 1989) even where it is not statutorily applicable. This exercise is not a linear one and may vary hugely case to case.

It is important to consider Black LJ’s full judgement in Re C, yet I feel it is rather refreshing that Black LJ made clear that child welfare is paramount and that the Welfare Principle in Section 1 (1) of the Children Act 1989 will dictate the result in internal and external relocation cases.

Having had experience in dealing with both internal and external relocation cases, I know first-hand that cases of such a nature are finely balanced and can often bring great sadness. There are no winners.

If after careful analysis, the Court find that it would be in a child’s interest to relocate to another part of the world or even part of the UK, then it is imperative that differences are immediately placed to one side and that the party who is relocating does all s/he can to ensure that any children involved can maintain their relationship with their other parent.

Right of contact

It should never be forgotten that the Right of Contact is the Right of the Child, and not the parent that they live with. It is always in a child’s best interests to have a relationship with both their parents, unless there are significant welfare concerns that would prevent the same. We are blessed that we now live in an age where we can sit and talk to a relative in another part of the UK or other country, face to face, by the click of a button using Facetime or Skype, or Zoom or whatever digital platform is available to you. I urge parents who may live many miles apart to take advantage of this technology and actively encourage their children to say hi to their dad using Facetime or to tell their mum about their day on Zoom, as to receive such calls for one parent will mean a great deal.

Are you contemplating relocation? Are you not seeing your children as often as you would like? At McAlister Family Law we have the experience, compassion and energy to achieve the best possible outcome for you. Please get in touch today. We’re here to help you.

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