Lauren Preedy – Senior Solicitor – Head of Divorce Team
Court solutions
Experienced Legal Team
At Ian Walker Family Law and Mediation Solicitors we have one of the most experienced teams of family lawyers in the South West.
Representing clients in Court is what we do and what we have all done throughout our careers.
Law Practice
The practice of Law is about Rights.
All Laws set out obligations and responsibilities that individuals or organisations or the state have toward others. They set out what rights people or organisations have against each other.
Often these rights compete against each other. For example a child has a right to grow up free from abuse. A parent has a right to a family life [free from interference from the state]. But if a parent is abusive toward their child [or it is alleged] the State [social services] will intervene to protect the child. The Court will then interpret various Laws including the Children Act 1989 and other rules to decide what to do.
Laws are written in a way which set out rules. They cannot cover every situation to which a rule might apply. They need interpretation to be applied to situations in our daily lives. The Court is assisted in making decisions by looking at decisions and guidance by the more senior Courts in other cases. But no two cases are the same and the Laws and guidance don’t always provide instant or easy answers. In Family and Children cases the Court often has a choice in what it decides to do. The Lawyers will try to persuade the Court to make a decision more acceptable to their client.
Call our experienced Family Law Solicitors, Divorce Lawyers or Mediators now
It is just the same with financial cases. The Divorce law sets out a range of factors the Court has to consider in making decisions. These have been subject to different interpretations over the years. What is also a surprise to non-lawyers, is that in a lot of cases, whilst there are a range of decisions a Court could make, the actual powers the Court has and Orders it can make are relatively limited.
Evidence
The Court can only make decisions based on the evidence put in front of it and the strength of the arguments made by the parties.
The job of a good Solicitor is to understand what the dispute is about. It is to understand what their client wants to achieve. It is to gather evidence to support their client’s case. It is to understand the evidence being brought forward by the other parties’ legal team.
The Solicitor will advise their client about whether their objective can be achieved. If not, what can realistically be achieved? It is to find the best way to present their client’s case in Court. But it is also to seek to negotiate an outcome acceptable to their client if they are instructed to do so.
Keeping up to date
The Law is constantly evolving. We have invested in the best Legal Practice Support Service for Family Lawyers. This gives all of our team easy access to an extensive library and updated practice materials which means we are always up to date. These materials can be accessed by us anywhere with an internet connection.
We also invest in training and maintain accreditations.
Having such an experienced team also helps. It is very rare indeed that we will come across a problem that non of us has tackled.
Asking you the right questions
What is just as important is that you understand that your solicitor has the skills to understand what you really want; what you realistically want; what they realistically can achieve for you [which may be less than you want]; how much you can afford to spend. You need to have confidence in Your Solicitor and they need to be able to be honest with you about what is realistic. You then both need to discuss and agree the best way to achieve as much as is realistic.
We know the Law. What we need to do together is to set an achievable goal and agree a realistic plan to try and get there.
Legal knowledge is essential
Also essential are realism, good tactical sense, the ability to gather relevant evidence, the ability to communicate what you want, and finally the ability to keep costs under control.
Often negotiation is a better way to a fair outcome, but not always.
Going to Court
Below is an explanation about how the court process works
Things to remember
The Court will at all stages try to encourage the parties to find a solution to the dispute through mediation (except where there is a clear safety issue)
The above chart shows the different stages in a case. In complex cases, there can be a number of extra hearings.
The process is about gathering evidence and getting the case ready for a final hearing. It is about ensuring that the Judge has sufficient evidence to enable him/her to make a decision
The Judge could make a decision that neither party wants.
It is rare for one side to be ordered to pay the costs of the other side in a family case
How the costs build up
Cases always cost more than you think!
Initial quotes are based on the information available to the Solicitor at that time.
As the case progresses more information becomes available and the dynamic of a case can change.
The parties can forget that their Solicitors charge by the hour!
The costs are dependent on the actions of both sides. You cannot control the actions of the other side.
Latest News
Somerset woman: Domestic abuse story is a lesson
A Somerset woman has told of the abuse she suffered at the hands of her partner, after he was found guilty of assaulting her.
The woman has publicised her story as a warning to others not to ignore ‘red flags’ in relationships.
No-fault divorce and mediation: taking the pain out of divorce
It goes without saying that divorce can be a painful experience. Much of that pain can be caused by conflict during the process, leading to stressful contested court proceedings.
But it doesn’t have to be that way.
Even if you have agreed your divorce settlement, you still need a court order
With the advent of online divorce more and more people are doing their own divorce, especially since no-fault divorce has made the process considerably simpler.
And having dealt with the divorce themselves, many are tempted to go one step
No-fault divorce is great, but don’t forget the financial settlement
It is almost universally agreed that the introduction of no-fault divorce has been a good thing. Gone are the days when someone wanting a divorce has had to lay the blame for the breakdown of the marriage upon their spouse.
Marriage decline shows importance of cohabitants knowing their rights
On the 19th May the Office for National Statistics (‘ONS’) published its latest annual figures for the number of marriages that took place in England and Wales, for the year 2019.
The figures show a continuing decline in marriage rates.
Dorset council exposed woman to risk of abuse from father
When a local authority has concerns over the welfare of a child it will usually assign a social worker to get in touch with the family and investigate the matter.
When this happens, it is of course essential that the parents
Johnny Depp v Amber Heard: playing out your private life in public
For the last month the world has eagerly watched the Johnny Depp v Amber Heard defamation trial, as the two actors have exchanged lurid alleged details of their private lives.
Seeing two Hollywood stars fighting out such a battle in court
Should Olivia Wilde have been served with child custody papers whilst on stage?
When the actress Olivia Wilde was recently served with child custody papers whilst on stage it caused something of a sensation. Surely, said many, she should not have been served publicly, whilst she was working?
How Exeter City’s persistence is a lesson for all during family court proceedings.
Many congratulations to Exeter City F.C, who last week secured automatic promotion from League Two.
And the Grecians’ success came after five years of promotion near-misses, including being beaten in the final of the play-off in 2017, 2018
We are Recruiting x 3; Marketing Assistant, PA, Paralegal
We are Recruiting x 3; Marketing Assistant, PA, Paralegal The past 2 years have seen us achieve significant growth and we have firmly established ourselves as a leading regional family law solicitors practice. This year we will be joined by some additional team members who will further strengthen our team. First of these is Emma […]
Somerset Council failed to comply with adoption requirements
Somerset Council failed to comply with adoption requirements A recent High Court case has highlighted serious failures on the part of Somerset County Council to comply with the legal requirements when it has been acting as an adoption agency. Adoption agencies are organisations that work with prospective parents and children to assess, match, arrange and […]
Do I have to attend a MIAM (Mediation Information and Assessment Meeting)?
Do I have to attend a MIAM (Mediation Information and Assessment Meeting)? Anyone wishing to apply to the court about a family matter must first attend a Mediation Information and Assessment Meeting (commonly known by the acronym ‘MIAM’), unless an exemption applies. As the name suggests, the purpose of the MIAM is to provide the […]