Fabulous work Rebecca!

Congratulations to Bevirs Law partner Rebecca Scammell who recently represented the foster carers, pro bono, in Gloucester County Council v a Mother & Ors [2024] EWFC 38 (B)

The local authority were seeking to place the child with extended family, but the expert evidence supported the child remaining with her current carers, her foster parents.

The Court found that the Local Authority’s attitude towards the foster parents was dismissive and critical, lacking respect for them as the child’s carers. The Court took the very rare step of making a Special Guardianship Order followed by a Care Order, on the basis that it was in the child’s best interests and afforded the foster parents a status that the Local Authority could not provide, recognising their role as the child’s permanent carers.

A pro bono costs Order was also made for Rebecca’s legal costs to go to the Access to Justice Foundation to hopefully help other individuals who desperately require legal representation but are unable to afford it.

Prospect Hospice – a fabulous cause

We are thrilled to announce that the inaugural Bevirs Law and Supermarine Bowls Club quiz evening raised £216 for Prospect Hospice in Wroughton. It was a pleasure to visit their lovely facilities to present the cheque.

Thanks to all who attended the quiz from Supermarine and Bevirs, especially to everyone who bought a ticket.

Shadavia’s Journey

As it is currently National Apprenticeship Week we wanted to showcase our latest talent Shadavia Rodriques embarking on their career progression. In Shadavia’s own words:

“I started working at Bevirs Law in June 2022 as a Trainee Assistant.

After a year as a trainee, I transitioned to the role of Legal Assistant within the Family Care Team. I have enjoyed the additional responsibilities that I have been given and the tasks that I am set to work on. Not only has this helped to develop my skill set but it has evoked a passion and ambition to train and qualify as a Solicitor.  

I have since been supported to apply for the Solicitor Apprenticeship and I enrolled with BPP in January 2024. I am on my 3rd week of lectures and will also be building a portfolio alongside my learning to showcase my work experience.”

We wish Shadavia all the luck in her continuing studies and will support her in any way we can.

Fundraising quiz at Supermarine Bowls Club

Friday evening saw Supermarine Bowls Club hosting a fabulous Quiz evening for their members along with Bevirs’ partners and staff in their inviting clubhouse.

With much jollity and polishing off the brain cells we had a fabulous evening, with the winning team taking home bragging rights and a goody bag.

The raffle, with prizes donated by Bevirs, went down a storm with more than £200 raised for Prospect.

Step Back in Time

Recently we were lucky enough to have this historic photograph shared with us by a local gentleman.  It features his aunt Miss Doreen Mary Breeze and uncle Lance Cpl J. W. Wake on their wedding day in 1956, and the accompanying newspaper article.

With a little bit of digging through our history archives we believe that the location of the photograph was outside our then Bevirs & Co Solicitors offices at 122 Commercial Road, Swindon, which is now a smart looking barber shop.

We know the gentleman on the left worked at Bevirs & Co and acted as a witness to the marriage at Swindon Registry Office situated inside the then Town Hall, with its clock tower which is still as impressive today.  It may be a Mr Major, who was associated with the Registrar of Births Marriages and Deaths, or a Mr Rees who worked hard to build up Bevirs & Co Swindon office after the war and was appointed Superintendent Registrar.

Thank you Tony Gregson for sharing this fascinating glimpse into history.

Calne Springs Showroom at Tesco Drop In – 13th February 2024

BEVIRS Law Partner and Family Law expert Natalee Stokes will be at the Calne Springs Showroom at Tesco on Tuesday 13th February 2024 from 10 am to 5 pm.

As a business we like to support the local community and Natalee will be happy to see anyone who has any legal issues they need help with, especially in the field of divorce and separation, financial disputes, pre-nuptial agreements and children.

Natalee Stokes is the Family Law expert in our Calne office.

Calne Springs Showroom at Tesco can be found at the Calne Tesco Superstore – Beversbrook Ln, Calne SN11 9FQ

Spooky shoes

These well worn shoes, now on display in the Bevirs Law Calne office reception, were once concealed within the walls of the building and found when the premises were converted into offices in 1976.

The smaller is probably a girl’s shoe, dated between 1600 and 1660. Heels such as this came into fashion after 1600 but it has a latchet clasp rather than a buckle, which were introduced in 1659.

The larger golosh, designed to be worn over a shoe in bad weather, is probably from the late 17th century.

There are several theories put forward by historians and archaeologists to explain why this strange tradition, dating back to the 12th century, exists. Superstitious belief is a common link. One theory suggests hiding particular items within the structure of a building was thought to ward off evil spirits, which may be distracted by the shoe and leave the occupants alone. As the shoes are nearly always well worn, they have taken on the imprint of the owner. This could have increased the belief in their protective power, along with the tendency to be concealed near doors, chimneys and in roofs – all entry points into a home. Another theory suggests the hidden shoes were good luck fertility charms.

Sources:
https://www.historicmysteries.com/concealed-shoes/
https://www.ft.com/content/0b2a774c-94d7-42cd-bfe4-bd742531ca13

Moving with your child overseas

Michelle Bowyer, Associate Solicitor – Family Team

Following a relationship breakdown, one parent may wish to move abroad. If this step is agreed upon there is no need to obtain a court order. However, if one parent does not consent, an application to the court for either a specific issue order (if you are the parent wishing to move), or a prohibited steps order (if you wish to prevent your child from moving), will become necessary.

The legal position is that it is unlawful to remove a child from the jurisdiction without the consent from all who hold parental responsibility for the child.

The approach of the court

The family court’s paramount consideration when determining any application under the Children Act 1989, is the welfare of the child. It must also have regard for the Welfare Checklist contained within the statute which is as follows:

1.            The ascertainable wishes of the child.

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

3.            The likely effect on the child of a change in circumstances.

4.            The child’s age, sex, background and any other characteristics which the court considers relevant.

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

6.            How capable each parents is, of meeting the child’s needs.

7.            The range of powers available to the court.

If you are wishing to persuade a court that it is in your child’s best interests to move abroad with you, be prepared to produce detailed plans about where you will live and how you will fund your new life, and about your child’s schooling and their contact with the non-resident parent and their extended family members.

The first stage

Any family court user must attempt to resolve differences by attempting mediation before pursuing an application to the court, unless one of the few exemptions apply. Mediation is a powerful method of dispute resolution and may allow you to wholly settle your dispute, or to narrow the issues. If mediation does not produce an agreement, you will become entitled to file an application at court, inviting it to determine where your child should reside and the arrangements for contact with the non-resident parent.

If in doubt, the family team at Bevirs Law can advise you and represent you should court proceedings become necessary.

The Remarriage Trap

Michelle Bowyer, Associate Solicitor – Family Team

A change in divorce laws in the Spring of 2022 has allowed many more people to undertake their own divorce proceedings without the need for solicitor input. The process has been simplified, no longer requires details of behaviour to be recited and is now available via the user friendly and (almost always) efficient online court portal. This has been a positive step for the family court user. However, the ease at which parties can now divorce, has resulted in an increase in client’s falling foul of the “remarriage trap”.

The only way to prevent future financial claims being pursued against you by your former spouse, is to obtain a clean break order from the court. This should be addressed within divorce proceedings,  and this can be either by consent or by imposition of court order following contested proceedings. The only exception to this rule, is the remarriage trap.

If you remarry before obtaining a clean break order, you are statue barred from pursuing an application for either lump sum, property adjustment or periodical payments (spousal maintenance) against your former spouse. A quirk in the Matrimonial Causes Act 1973 allows you to still pursue an application for a pension sharing order despite your remarriage. It is noteworthy that your own remarriage will not prevent your former spouse from applying to the court for a lump sum, property adjustment or periodical payments order against you.

It is imperative that you secure a clean break order upon your divorce, and before your remarriage. The practical implications of you failing to do so could result in you losing the right to claim any assets from your marriage.

At Bevirs Law, we offer a fixed fee for drafting a clean break order and supporting financial statement of £850 + VAT providing you and your spouse have reached an agreement. If you have not yet achieved consensus, we would urge you to attempt to mediate your differences and can assist during that process or we can undertake the negotiations on your behalf, for which our hourly rates will be charged.

The family team hourly rates:

Natalee Worthington, Partner £260 + VAT

Michelle Bowyer, Associate Solicitor £240 + VAT

Ellie Chivers, Solicitor £185 + VAT