What is an occupation order?

In the UK, occupation orders are court orders that regulate who has the right to occupy a particular property. These orders are typically used in situations where there are disputes between family members or cohabiting partners over who has the right to live in a shared property.

An occupation order can be granted by a court to prevent someone from entering or living in a property, or to require someone to leave a property. These orders can be temporary or long-term, depending on the specific circumstances of the case.

An occupation order can be granted under the Family Law Act 1996, which sets out the criteria that must be met in order for an order to be granted. The court will consider a range of factors, including the housing needs and resources of each party, the financial resources of each party, and the health and safety of the parties and any relevant children.

An occupation order may be granted if there is evidence of violence, threats of violence, or harassment between the parties. The court will also consider whether there are any other factors that suggest that an order is necessary, such as the risk of harm to a child or the fact that one party has a legal right to occupy the property.

An occupation order can be granted against a spouse or partner, but it can also be granted against a family member or a cohabiting partner. In some cases, an order may be granted even if the parties are not married or in a formal domestic relationship.

It is important to note that an occupation order does not transfer ownership of a property. It simply regulates who has the right to occupy the property. If the parties cannot agree on the ownership of a property, they may need to seek legal advice and take further legal action.

In summary, an occupation order is a court order that regulates who has the right to occupy a property. These orders are typically used in situations where there are disputes between family members or cohabiting partners over who has the right to live in a shared property. If you are facing a dispute over the occupancy of a property, it is important to seek legal advice to determine whether an occupation order may be appropriate in your case.

What is s.37 of the children act 1989

Section 37 of the Children Act 1989 is a provision that grants powers to local authorities and courts to investigate concerns about the welfare of a child. Specifically, it allows a local authority or court to carry out an investigation if they have reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm. The investigation may include obtaining and considering any relevant information and may involve interviewing the child, their parents or guardians, and any other relevant parties.

Section 37 investigations are usually carried out as part of care proceedings or other child protection proceedings. The purpose of the investigation is to establish whether the child is at risk of harm and to determine what action, if any, needs to be taken to protect their welfare. Based on the findings of the investigation, the local authority or court may decide to take further action to safeguard the child's welfare, such as initiating care proceedings or issuing a care order.

It's worth noting that Section 37 investigations are serious matters and are not carried out lightly. They are only initiated when there are serious concerns about a child's welfare, and the investigation must be conducted in accordance with the child's rights and best interests as set out in the Children Act 1989.

What are finding of fact hearings?

In children proceedings in the UK, finding of fact hearings are held when there is a dispute about the facts of a case. These hearings are a crucial part of the legal process, as they help to establish what actually happened and provide a foundation for any future decisions that need to be made.

Finding of fact hearings are typically held in cases where there are allegations of sexual abuse or domestic abuse against a parent or caregiver. These hearings are used to determine whether the allegations happened or did not happen, and to establish the extent of any harm that may have been caused to the child or children involved.

During a finding of fact hearing, the court will hear evidence from all parties involved in the case, including witnesses and experts. The evidence presented will be evaluated to determine the facts of the case, and the court will then make a decision based on these facts.

It is important to note that finding of fact hearings can be emotionally challenging for all parties involved, particularly for the child or children at the center of the case. The court will take steps to ensure that the child's welfare is prioritized throughout the process, including providing support and assistance as needed.

In addition to determining the facts of a case, finding of fact hearings can also be used to inform future decisions about the welfare of the child or children involved. This may include decisions about custody, visitation, and other matters related to the child's care and wellbeing.

Ultimately, finding of fact hearings are an important part of the legal process in children proceedings in the UK. They help to establish the facts of a case and ensure that the best interests of the child are prioritized at all times. If you are involved in children proceedings, it is important to work with an experienced legal professional who can guide you through the process and provide the support and assistance you need.

What do Cafcass do?

Cafcass (Children and Family Court Advisory and Support Service) is an independent organization in England that provides advice and support to children and their families involved in family court proceedings. Its main role is to safeguard and promote the welfare of children in family court cases, including those under the Children Act 1989.

Cafcass operates in a number of ways, including:

1. Providing reports to the court: Cafcass officers may be appointed by the court to investigate and prepare reports on cases involving children, including those related to care and contact arrangements. These reports provide independent information to the court to assist in making decisions about the child's welfare.

2. Representing children: Cafcass officers may be appointed to represent children in family court proceedings where their welfare is at stake. The officer will gather information about the child's wishes and feelings and make recommendations to the court in the child's best interests.

3. Supporting families: Cafcass may also provide support and advice to families involved in family court proceedings, including signposting to other services and organizations that may be able to help.

4. Training and development: Cafcass also provides training and development to professionals involved in family court proceedings, including judges, social workers, and lawyers.

Overall, Cafcass plays a crucial role in promoting the welfare of children involved in family court proceedings in England. Its independent, child-centered approach ensures that the voice of the child is heard and that decisions are made in their best interests.

What is child trafficking?

In simple terms, child trafficking is a serious crime that involves the movement of children for the purpose of exploitation. In the UK, child trafficking is defined as the recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation. Trafficking is where children and young people tricked, forced or persuaded to leave their homes and are moved or transported and then exploited, forced to work or sold. Children are trafficked for: sexual exploitation. benefit fraud.

Children who are trafficked may be forced to work in conditions of slavery or servitude, or may be sexually exploited. They may also be forced to commit criminal activities, such as theft or drug trafficking. Child trafficking is often accompanied by physical and emotional abuse, and can have long-lasting and devastating effects on the child's mental and physical health.

The UK has legislation in place to combat child trafficking, including the Modern Slavery Act 2015, which includes provisions to protect and support victims of trafficking, as well as to prosecute traffickers. The National Referral Mechanism (NRM) is also in place to identify and support potential victims of trafficking and ensure they receive appropriate support and protection.

If you suspect that a child is being trafficked or exploited, you should report your concerns to the authorities immediately. In the UK, you can contact the police, the NSPCC helpline, or the Modern Slavery Helpline for advice and support.

What rights do I have to children under a civil partnership

If you are in a civil partnership in the UK and you have children together, you have the same rights and responsibilities as any other parent. This means that you have the right to:

1. Be involved in your child's upbringing: You have a say in important decisions such as your child's education, medical treatment, and religious upbringing. You also have the right to spend time with your child and to be involved in their daily life.

2. Provide for your child financially: You are responsible for providing financial support for your child, including paying for their basic needs such as food, clothing, and housing. You may also be required to pay child support if you and your partner separate.

3. Protect your child's welfare: You have a duty to ensure that your child is safe and well-cared for, and to protect them from harm. This includes providing emotional support, as well as meeting their physical needs.

4. Apply for parental leave: If you are employed, you have the right to take parental leave to care for your child.

5. Apply for parental responsibility: If you are not the biological parent of your child, you can apply for parental responsibility through the courts, which will give you legal rights and responsibilities in relation to your child.

Overall, if you are in a civil partnership and you have children together, you have the same rights and responsibilities as any other parent. It is important to seek legal advice if you have any concerns about your rights or responsibilities, or if you and your partner are separating and need to make arrangements for your children.

Is physical chastisement legal?

Physical chastisement, commonly known as corporal punishment, is legal in the UK and Scotland to a certain extent. However, there are limits to what is considered acceptable under the law.

In England, Wales, and Northern Ireland, the law permits parents and caregivers to use "reasonable chastisement" in disciplining children. This means that physical punishment is legal as long as it does not cause actual bodily harm, such as bruises or broken bones. The Children Act 2004 states that reasonable chastisement must not cause more than transient and trifling pain or be unreasonable in its nature or extent. However, the law does not define what constitutes reasonable chastisement, leaving it open to interpretation.

In Scotland, the law is slightly different. The Children (Scotland) Act 2020 abolished the defense of "reasonable chastisement," which means that any form of physical punishment is illegal. This law came into effect on November 7, 2020, making Scotland the first part of the UK to outlaw all physical punishment of children.

It is important to note that while physical punishment is legal to a certain extent in some parts of the UK, there are still many organisations and experts who believe that it is harmful to children and should be prohibited. Many social workers, understandably will be very critical of its use. Many countries around the world have already banned all forms of physical punishment of children, and it is possible that the UK and other countries may follow suit in the future. If this is an issue for you, with social services or indeed the courts it is vitally important that you obtain urgent expert advice.

So I asked ChatGBT to provide a review about me - this is what they said...

Jason Hadden MBE is a highly respected family barrister in the UK, with a reputation for providing expert legal advice and representation to clients facing complex and challenging family law cases.

One of the strengths of Hadden's practice is his ability to build strong and trusting relationships with his clients. He takes the time to understand their individual needs and concerns, and works closely with them to develop a strategy that best meets their goals and objectives.

Hadden is also known for his exceptional advocacy skills, which enable him to present his clients' cases in a compelling and persuasive way. He has a deep understanding of the law and the family court system, and is skilled at navigating complex legal issues and procedures.

In addition to his legal expertise, Hadden is committed to making a positive impact in his community. He has been involved in a number of charitable initiatives and has been recognized for his contributions with an MBE.

Overall, Jason Hadden MBE is a highly skilled and compassionate family barrister who has earned a reputation for providing exceptional legal representation to clients facing challenging family law cases. Whether you are dealing with a difficult divorce, child custody dispute, or other family law issue, Hadden has the experience and expertise to help you navigate the legal system and achieve a positive outcome.

How do you define domestic abuse?

In the UK, domestic abuse is defined as any incident or pattern of incidents of controlling, coercive, threatening, violent or abusive behaviour between people who are or have been intimate partners or family members, regardless of gender or sexuality.

This definition is intentionally broad to encompass a wide range of behaviours that can be used to control or harm another person. It includes physical violence, such as hitting or punching, as well as psychological abuse, such as emotional manipulation, isolation or gaslighting. It also includes sexual abuse, such as rape or unwanted sexual contact, and financial abuse, such as controlling or withholding money.

Importantly, the definition of domestic abuse also includes controlling or coercive behaviour. This means that it is not just about physical violence, but also about patterns of behaviour that are used to control or dominate another person. Examples of controlling or coercive behaviour include monitoring a partner's movements, isolating them from family or friends, and restricting their access to money or resources.

Domestic abuse can have a devastating impact on individuals and families, causing physical and emotional harm, as well as long-lasting trauma. It is important that anyone experiencing domestic abuse knows that they are not alone, and that there is help available.

There are a number of organisations in the UK that provide support and advice to people experiencing domestic abuse, including the National Domestic Abuse Helpline, Women's Aid, and Men's Advice Line. If you or someone you know is experiencing domestic abuse, it is important to seek help as soon as possible. Remember that domestic abuse is never the victim's fault, and that there are people and services available to help.

What is the welfare checklist?

The welfare checklist is a set of factors that must be taken into account by the court when making decisions about the welfare of a child in family law cases, including those under the Children Act 1989 in England and Wales. The welfare checklist is set out in section 1(3) of the Children Act 1989 and includes the following factors:

1. The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding).

2. The child's physical, emotional, and educational needs.

3. The likely effect on the child of any changes in their circumstances.

4. The child's age, sex, background, and any other relevant characteristics.

5. Any harm the child has suffered or is at risk of suffering.

6. How capable each of the child's parents, or any other relevant person, is of meeting their needs.

7. The range of powers available to the court.

The welfare checklist is designed to ensure that the best interests of the child are the court's primary consideration when making decisions about their welfare. Each of the factors in the welfare checklist should be given equal weight, and the court must balance them against each other to determine what is in the child's best interests. The welfare checklist is a fundamental aspect of family law in England and Wales and is considered a cornerstone of child welfare legislation.

What are 'honour' based disputes

Honour-based abuse (HBA) is a form of violence and abuse that occurs in some communities in the UK, where the victim's behaviour is seen as bringing shame or dishonour to their family or community. HBA can take many forms, including physical, emotional, and psychological abuse, and can involve threats, coercion, and even murder.

HBA is a complex issue that is rooted in cultural and social beliefs and traditions. It is often perpetrated by family members or community members who believe that their actions are justified by a desire to protect their family's reputation or honour.

Victims of HBA are often women and girls, although men and boys can also be targeted. The abuse can take many forms, including forced marriage, female genital mutilation (FGM), domestic violence, and so-called "honour killings."

The UK has taken steps to address HBA and raise awareness of the issue. In 2013, the UK government introduced the Forced Marriage (Civil Protection) Act, which provides legal protections for victims of forced marriage, including the ability to obtain a court order to prevent a forced marriage from taking place.

In addition, the UK has criminalized the practice of FGM and has made significant efforts to raise awareness of the issue and provide support to victims.

Despite these efforts, HBA remains a significant problem in the UK, and much more needs to be done to prevent and address the issue. This includes increased awareness-raising and education about the harmful effects of HBA, as well as improved support and protection for victims.

It is essential to recognize that HBA is a form of abuse and violence that has no place in any community or society. The UK must continue to work to eradicate this harmful and destructive practice and ensure that victims are protected and supported.

What is a witness statement?

In family cases, a witness statement is a written document that sets out the evidence of a person who has information relevant to the case. The witness statement is usually prepared by the witness themselves or by a legal representative acting on their behalf, and is submitted to the court as evidence.

A witness statement typically includes information about the witness's background and relationship to the parties involved in the case, as well as any relevant information they have about the issues in the case. This may include details about events that they have witnessed, conversations they have had with the parties or other witnesses, or any other information that they believe is relevant to the case.

Witness statements are an important part of the evidence in family cases, and may be used to support or challenge other evidence in the case. The witness may be required to attend court to be cross-examined on their statement, and the judge will take their evidence into account when making a decision in the case.

It is important that witness statements are accurate and truthful, as providing false or misleading evidence can have serious consequences Again any court rules need to be complied with in the preparation of the witness statement. A family law solicitor or barrister can provide guidance and assistance with the preparation of a witness statement.

What are special measures?

In the UK, children cases can be very difficult and emotional for everyone involved. In some situations, children may need to give evidence in court, but this can be a daunting and distressing experience for them. To help alleviate this, special measures can be put in place to make the process more manageable.

Special measures are legal procedures designed to help vulnerable witnesses, including children, give evidence in court. They are used in cases where a witness is likely to be distressed or intimidated, or where they have a mental or physical disability that affects their ability to communicate effectively.

Some of the special measures that can be used in children cases include:

1. Giving evidence via a video link - This means that the child can give evidence from a separate room, with the court and the other parties watching on a screen. This can help the child to feel more comfortable and less intimidated.

2. Having an intermediary - An intermediary is a person who helps the child to communicate more effectively. They may use simple language, visual aids, or other techniques to help the child understand and answer questions.

3. Screening the witness - The court may allow the child to give evidence from behind a screen or other physical barrier, so that they do not have to face the other parties in the case.

4. Providing a support person - The child may be allowed to have a support person with them during their evidence. This could be a parent, a teacher, or a social worker, for example.

5. Restricting the public - The court may limit the number of people who are allowed to be present in the courtroom, or they may close the proceedings to the public altogether.

Special measures can be used in a range of children cases, including cases involving child abuse, neglect, or custody disputes. They are designed to ensure that the child's welfare is protected and that they are able to give evidence in a way that is appropriate for their age and level of understanding.

It is important to note that special measures are not always appropriate or necessary in every case, and decisions about their use will be made on a case-by-case basis. If you are involved in a children case and are concerned about the impact it may have on your child, it is important to speak to your legal representative about the possibility of using special measures. They can advise you on your options and help you to make the best decisions for your child's welfare.

What is a court bundle?

In family law cases, a court bundle is a collection of documents that are relevant to the case and are presented to the court. The bundle is prepared by the party or parties involved in the case and is typically submitted to the court before a hearing or trial.

The court bundle typically includes all of the important documents related to the case, such as court forms, witness statements, expert reports, (and sometimes correspondence between the parties), and any other evidence that may be relevant to the case. The purpose of the bundle is to provide the court with a comprehensive and organized overview of the case, so that the judge can understand the issues involved and make an informed decision.

Preparing a court bundle can be a time-consuming and complex process, and it is important to ensure that all relevant documents are included and organized in a logical and clear manner. You also need to ensure that it meets the requirements of any court orders and that it gets to the court in good time to be read by the Tribunal and also that there is a copy for any witness. This may be electronic or by paper, depending on the needs of the court. A family law solicitor or barrister can provide guidance and assistance with the preparation of a court bundle. This is also one of the things that I often discuss in a Conference with a client.

Review of How to Represent Yourself in the Family Court

"How to Represent Yourself in the Family Court" is a valuable resource for anyone who needs to navigate the family court system in the UK. The book provides practical advice and guidance on how to represent yourself in court, including how to prepare for your hearing, what to expect during the hearing, and how to present your case effectively.

One of the strengths of the book is that it is written in clear and straightforward language, making it accessible to a wide range of readers. The authors provide detailed explanations of legal terminology and procedures, as well as helpful tips and strategies for presenting your case in the most effective way possible.

The book covers a wide range of topics related to family court proceedings, including child custody and access, financial arrangements, and domestic violence. It also includes practical guidance on how to gather evidence, how to draft legal documents, and how to negotiate with the other party in your case.

Overall, "How to Represent Yourself in the Family Court" is an excellent resource for anyone who needs to navigate the family court system in the UK. The authors provide clear and practical advice that can help you to present your case effectively and achieve a positive outcome. Whether you are representing yourself in court for the first time or are looking to improve your skills and knowledge, this book is an invaluable tool that can help you to succeed.

What is domestic abuse?

Domestic abuse is a serious problem in the UK, affecting millions of people each year. It is a term used to describe a pattern of behavior by one person towards another in a close relationship, such as a partner, spouse, or family member. Domestic abuse can take many different forms and can affect people of all ages, genders, and backgrounds.

The UK government defines domestic abuse as "any incident or pattern of incidents of controlling, coercive, threatening behavior, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality." This definition includes not only physical abuse, but also emotional, psychological, and financial abuse.

Controlling behavior can include things like isolating the victim from friends and family, monitoring their movements or communications, or controlling their access to money or other resources. Coercive behavior involves using threats or intimidation to control the victim's behavior or force them to do something against their will. Threatening behavior can include threats of violence, sexual assault, or other forms of harm.

Physical abuse includes any form of physical harm, such as hitting, slapping, punching, or choking. It can also involve the use of weapons or other objects to cause harm. Emotional abuse can take many forms, including belittling, humiliating, or insulting the victim, or making them feel guilty or ashamed. It can also involve manipulation, such as gaslighting or blame-shifting.

Financial abuse can include controlling the victim's access to money or other resources, or using their financial dependence as a means of control. This can include things like stealing money or preventing the victim from working or accessing benefits.

Domestic abuse can have a devastating impact on the victim's physical and emotional well-being, as well as their ability to function in everyday life. It can also have a lasting impact on children who witness or experience abuse in the home.

If you are experiencing domestic abuse, or know someone who is, it is important to seek help from one of the many organisations out there to help.

What is a non-molestation order?

In the UK, a non molestation order is a type of court order that is designed to protect someone who is experiencing harassment or violence from a partner or family member. The order is made under the Family Law Act 1996, and it can be used to prevent someone from using or threatening violence, or from intimidating, harassing, or pestering another person.

Non molestation orders are typically used in cases of domestic violence, where one partner is subjecting the other to physical, emotional, or psychological abuse. The order can be granted by a court if there is evidence of such abuse, and it can provide the victim with a level of legal protection.

The order can also include provisions that prohibit the abuser from contacting the victim or from coming within a certain distance of them or their home. It may also prohibit the abuser from entering a specific area, such as the street where the victim lives or works.

A non molestation order can be granted on an emergency basis, without the abuser being present in court. This is known as an ex parte order, and it can provide immediate protection for the victim. However, the abuser will be given the opportunity to attend court at a later date to contest the order.

If the abuser breaches the terms of the non molestation order, they may be arrested and prosecuted for a criminal offence. This can result in a fine or a custodial sentence.

It is important to note that a non molestation order does not provide the victim with any financial protection or rights over property or assets. These issues must be addressed separately through the court system.

In summary, a non molestation order is a type of court order that is designed to protect someone who is experiencing harassment or violence from a partner or family member. The order can include provisions that prohibit the abuser from contacting the victim or from coming within a certain distance of them or their home. If you are experiencing domestic violence, it is important to seek legal advice to determine whether a non molestation order may be appropriate in your case. I can explain this process; and you should also be able to get legal aid to help in such an application

Domestic abuse in children proceedings

Domestic violence is a serious issue that can have a significant impact on children. When domestic violence occurs within a family, it can be necessary for the case to be brought before a children's court. In the UK, there are several legal measures in place to protect children who have been affected by domestic violence.

Children's courts in the UK are designed to provide a safe and supportive environment for children who have been affected by domestic violence. The court can make decisions about the child's welfare, including custody arrangements, and can also provide access to support services to help the child cope with the impact of the violence.

One of the main aims of the children's court is to ensure that the child's welfare is protected. This means that the court will take into account a range of factors, including the child's age, their relationship with their parents or guardians, and their living arrangements. If necessary, the court can also order that the child is placed in the care of another family member, such as a grandparent or aunt or uncle.

In cases where domestic violence has been a factor, the children's court can also take steps to ensure that the child is protected from further harm. This can include making a non-molestation order, which prohibits the abuser from contacting or approaching the child or their family. The court may also make a child arrangements order, which sets out the arrangements for the child's care, including contact with their parents or guardians.

It is important to note that the children's court will always prioritize the child's welfare over any other considerations. This means that if the court believes that the child is at risk of harm, they may take steps to remove the child from the home or limit contact with one or both parents.

If you are involved in a children's court case related to domestic violence, it is important to seek legal advice and support. There are a number of organizations in the UK that provide advice and assistance to people involved in these types of cases, including Women's Aid and the Domestic Violence Help Hotline. Remember that domestic violence can have a significant impact on children, and it is important to take steps to protect their welfare and ensure their safety.