Charles Lucas Marshall - Private Services
Family sitting in a row, child in the middle
Frequently Asked Questions - Q&A with Suzy Hamshaw
Just click on a link below
Suzy Hamshaw
Suzy Hamshaw
QUESTION
I foster children and would like to adopt a child who has lived with me for some time. What should I do?
ANSWER
This is a very complex area of the law and you really must get detailed specialist advice which can’t be given in a short article like this. You should see a family lawyer - your local CAB can give you a list, or you can contact the Solicitors Family Law Association for a specialist in your area.
--------------------------------------------------
QUESTION
I want to change my daughters surname - can I?
ANSWER
It depends. Generally if you are single and your daughter has no contact with her other parent, and there is no parental responsibility agreement or order in place, you can. If she has contact then you need to consider whether it is in her interest to change her surname as it may cause problems with your former partner. If you are married and separated, or divorced or if there is a parental responsibility agreement or order you will have to make an application to the court. The court will not make an order unless it is for the benefit of your daughter and judges are becoming increasingly against changing surnames if it will mean that a child loses his or her ties with the other parent. You will need to talk to a solicitor about this before making a decision to apply to the court.
--------------------------------------------------
QUESTION
My husband has left me and the children. A friend has told me to change the locks. Can I legally?
ANSWER
The first question is why? If he has been violent you should ask the Court to order him to behave properly and stay away. A solicitor’s letter to him is the first step. He is entitled to enter his own house and a judge might not agree with you over the locks.
--------------------------------------------------
QUESTION
I am a single parent. I Lived with a man for 18 months. He persuaded me to work so we could get family credit. He treated me as his unpaid housekeeper. I left him six months ago. What can I claim from him? He is not my son’s father.
ANSWER
Nothing. Unmarried you cannot claim maintenance. Unless you paid his debts or he promised to repay you there is no claim. He might have been ordered to help with the rent if you had wanted to stay in the house. It’s best to put this down to experience.
--------------------------------------------------
For more information contact Suzy Hamshaw, on 01635 521212 or suzy.hamshaw@clmlaw.co.uk