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Posts Tagged ‘family law’

Child Arrangements and Holidays: Planning Ahead for High Days and Holiday

Posted on: September 22nd, 2025 by Ella Darnell

High Days and Holidays (such as Christmas, Eid, Hanukkah) should be a time of joy and family connection, but for separated or divorced parents, it can bring stress and uncertainty. How do you decide who has the children over these religious periods, school holidays, or special occasions? What if you can’t agree?

It’s normal to feel anxious about balancing everyone’s wishes, keeping routines consistent, and ensuring children still enjoy the magic of the holidays. Planning early and having professional guidance can make a huge difference.

Agreeing Arrangements Between Parents

Ideally, parents can reach an agreement without needing court intervention. Some approaches include:

  • Alternating special days (i.e. Eid or Christmas Day) each year.
  • Splitting the holiday (for example, Christmas Eve and morning with one parent, Christmas afternoon and Boxing Day with the other).
  • Designating special times for each parent to maintain family traditions.

The key is open, child-focused communication. Ask:

  • “What traditions matter most to our children?”
  • “Which days are essential for grandparents or wider family?”
  • “How can we make sure both households feel included?”

Professional Guidance to Negotiate Arrangements

If parents find it difficult to agree, seeking professional assistance can help. Family lawyers can:

  • Facilitate negotiations between parents.
  • Draft proposed arrangements for discussion.
  • Offer guidance on what is realistic and in the child’s best interests.

This approach often prevents misunderstandings and reduces stress, while ensuring that agreements are legally informed and enforceable if necessary.

When Court Involvement is Necessary

If negotiations cannot resolve the dispute, parents may apply to the court for a Child Arrangements Order. The court always considers what is in the child’s best interests, using the welfare checklist under the Children Act 1989. This includes:

  • The child’s age, needs, and relationships with each parent.
  • The impact of changes to routines.
  • Each parent’s capacity to provide for the child.

In holiday cases, courts generally aim to ensure children have meaningful time with both parents. They may:

  • Split the holiday period between parents.
  • Alternate full holidays each year.
  • Make bespoke arrangements tailored to the family’s circumstances.

Courts rarely enforce rigid schedules unless necessary, preferring flexible arrangements that minimise conflict and disruption.

  • Start conversations early – Ideally months before holidays begin.
  • Document agreements – Even a simple written plan can prevent misunderstandings.
  • Consider fairness and consistency – Children benefit from predictable routines.
  • Be flexible – Small compromises (e.g., extra evening with one parent) help maintain peace.
  • Think beyond religious holidays – Apply the same principles to school holidays, birthdays, and special events.
  • Seek professional guidance – Family lawyers can negotiate arrangements, offer advice, and help formalise agreements.

Why it Matters

Resolving holiday arrangements constructively protects children from conflict and ensures they enjoy important family time. Early planning and professional guidance reduce stress, minimise court involvement, and give both parents clarity.

If you’re struggling to agree on holiday arrangements, our family law team can help. We provide professional guidance to negotiate and formalise child arrangements—helping you create fair, practical, and child-focused plans for high days, holidays and beyond.

Pets and Cohabitation: Protecting Your Furry Family

Posted on: September 17th, 2025 by Ella Darnell

For many couples, a dog, cat, or rabbit isn’t “just a pet”—they’re family. They bring love, comfort, and companionship. That’s why disputes over pets can become some of the most emotionally charged issues when a relationship breaks down.

But here’s the surprise: under English law, pets are treated as property, or “chattels.” Legally, your beloved orange tabby is treated the same way as a sofa or a car. That can feel out of step with how most of us view our animals, but it’s the current legal reality.

What the law says

When a couple separates, ownership of a pet usually follows legal documents such as:

  • Who purchased the pet and whose name is on the receipt.
  • Whose name is on the microchip or pedigree certificate.
  • Who pays vet bills and insurance.

Courts don’t make “contact orders” for pets in the way they do for children. This means there is no automatic right for one partner to see the pet if they are not the legal owner.

Recent Case Law  from FI v DO [2024]

The case of FI v DO [2024] highlighted just how complex and emotional pet disputes can be.
The Judge accepted the traditional legal position, that pets are property, but also considered the pet’s welfare and emotional bonds. In this case, the wife had been the dog’s sole carer for 18 months following separation.
The Judge ruled that the dog should remain with her, noting:

  • The dog had established a secure home with the wife.
  • Removing the dog would be distressing for both the animal and the children.
  • The wife had shown greater understanding of the dog’s needs and welfare.

This judgment demonstrates that while the law treats pets as property, courts are becoming more sensitive to the emotional role pets play in family life.

Common problems over pets after separation

Without a clear agreement, separating couples may face disputes about:

  • Who the pet will live with.
  • Responsibility for costs such as food, vet bills, and insurance.
  • Whether shared care is possible (e.g. weekdays with one partner, weekends with the other).
  • What happens if one partner wants to relocate abroad with the pet.

Such disagreements can strain not only the couple but also wider family members who are attached to the animal.

How Cohabitation Agreements Protect Pets

For unmarried couples, the best way to avoid pet disputes is to create a cohabitation agreement. This is a legally binding document tailored to your relationship and can cover:

  • Who owns the pet legally.
  • Who the pet will live with if you separate.
  • How costs such as food, insurance, and vet bills are divided.
  • Any shared arrangements for care, if appropriate.

Why a Cohabitation Agreement Matters

  • It reduces uncertainty and heartache during a stressful time.
  • It reflects your shared commitment to your pet’s welfare.
  • It helps avoid costly or unpredictable court disputes.

Importantly, cohabitation agreements don’t just cover pets. They can also set out:

  • Who owns the property you live in.
  • How bills and household expenses are divided.
  • Ownership of assets such as furniture or cars.

For unmarried couples, a cohabitation agreement offers clarity and security where the law otherwise provides little protection.

Protecting Your Pet and Your Peace of Mind

If you are living with a partner and you share a pet, it’s worth having a clear plan. Just as you wouldn’t buy a house together without clarifying ownership, you shouldn’t leave things vague with your furry family members.

Want to protect your pet and your peace of mind? Contact our family law team. We can draft a cohabitation agreement tailored to you—so you and your pet are secure, whatever the future holds.

Divorced Abroad? A Claim May Still Be Possible in England

Posted on: September 8th, 2025 by Ella Darnell

A recent ruling by the Court of Appeal in Potanina v Potanin has highlighted the possibility of pursuing financial claims in England following a divorce overseas. The case involved Russian billionaire Vladimir Potanin and his ex-wife Natalia Potanina, who had divorced in Russia in 2014. In the initial Russian financial settlement, the wife received only 1% of the total wealth of the couple. The wife was then granted permission by the English courts to pursue a claim for a share of Potanin’s UK-connected assets.

This decision underscores the principle that, where there is a genuine connection to England, such as habitual residence or domicile, a financial claim may be justified even after a foreign divorce.

Implications for International Divorcees

Increasingly, many families live abroad during a marriage or have a residence in multiple locations. Relationships between individuals of different nationalities is common place.

When a marriage fails, a divorce may take pace in a country which takes a very different view of fairness to England and Wales. While the Potanin case involved substantial wealth and high-profile individuals, the legal precedent it sets is relevant to a much broader group. UK nationals who have divorced abroad may still have grounds to seek financial relief in England, particularly if they have returned to live in the UK or hold assets here. This is especially pertinent in cases where the overseas settlement was limited or failed to account for UK-based assets, such as pensions or property.

UK Pensions: A Common Oversight

One of the most frequently overlooked issues in overseas divorces is the treatment of UK pensions. If a foreign court has divided assets, and the settlement is not challenged, a UK pension provider cannot implement a foreign order that delas with a UK pension. That can only be done through the English courts, so even if the terms of a settlement are acceptable it is necessary to deal with UK pensions via an application in the English courts.

Equally, in some countries, pension sharing is not a concept that exists, and so a stand alone claim dealing with pensions can be made.

This is particularly relevant for couples with modest wealth, where pensions may represent a significant portion of the marital assets. Without a UK court order, pensions may remain untouched, potentially leaving one party at a financial disadvantage.

The Role of Pre-Nuptial Agreements

Pre-nuptial agreements (PNAs) can play a role in limiting post-divorce claims, particularly when they clearly define jurisdiction and financial expectations. The jurisdictional difficulties of the Potanina v Potanin could possibly have been avoided with a well drafted PNA. While in high-net-worth cases, PNAs may be challenged, especially if one party claims they were disadvantaged in more typical scenarios a well-drafted PNA can offer clarity and protection.

If you would like to learn more about any of these issues, please contact one of the Family team. 

A Landmark Case for Domestic Abuse Victim Protection in the Family Courts

Posted on: September 1st, 2025 by Alanah Lenten

We are proud to have represented the mother in a series of hearings culminating in M v F [2025] EWFC 257 (B), where the Family Court made robust and protective orders following serious findings of domestic abuse. This case marks a significant moment in the push for justice for victims of domestic abuse and the protection of children in private proceedings. This judgement comes at a crucial time for reform with the recent release of ‘Breaking the Silence: Kate’s Story’, an ITV documentary covering the case of Kate Kniveton (nee Griffiths) in her own campaign for justice in the family courts.

Across three hearings—fact-finding, costs, and final arrangements—the court accepted our submissions in full. All 14 allegations of abuse, including rape, coercive control, and sustained physical violence, were found proved at the fact-finding hearing. These findings formed the foundation for a comprehensive protective framework for the child and mother.

Key Outcomes

  • All 14 allegations proved.
  • Costs awarded in full against the father for reprehensible litigation conduct.
  • Child Arrangements Order granting the a ‘lives with’ order for the mother with an order for no contact with the father.
  • Specific Issues Order empowering the mother to make key decisions independently, including medical decisions and the ability to take the child abroad on holiday without the father’s approval.
  • Section 91(14) Order barring further litigation until 2030.
  • Indirect contact only between the father and the child, safeguarding the child and mother’s wellbeing. The extent of the indirect contact being limited to letters from the father to the child four times a year to be kept in a life story box and for the mother to update the father about the child three times a year with photographs.
  • The father was ordered to attend a Respect accredited domestic abuse perpetrators course and seek a therapeutic referral from his GP.

A Judicial Turning Point

This case stands out not only for its outcome but for the clarity shown by the court in recognising and responding to abuse. As Dr Charlotte Proudman, who represented MP Kate Kniveton (formerly Griffiths) in her own legal battle to speak out, observed:

“This judgment … shows a clear judicial willingness to make robust and unflinching factual findings in cases of rape, coercive control, and sustained physical abuse, and crucially, to ensure those findings directly shape protective child arrangements.”

The court’s decision to award full costs against the father, an unusual step in family proceedings, was a direct response to his reprehensible litigation conduct. The Section 91(14) order, preventing further applications until 2030, is longer than the norm and reflects the seriousness of the findings.

A System Under Scrutiny

This case echoes the urgent concerns raised in ITV’s recent documentary ‘Breaking the Silence: Kate’s Story’, which exposes the Family Court’s failure to protect victims of domestic abuse and children. The documentary highlights the need to repeal the presumption of parental involvement and to prohibit practices that risk retraumatising victims of domestic abuse, such as reunification therapies.

Our case demonstrates how the courts can—and must—use procedural tools to protect victims of domestic abuse and children. It is a reminder that safeguarding must be prioritised over outdated presumptions.

Courage and Precedent

Dr Proudman also reflected on the significance of this case:

“The award of full costs against the father for ‘reprehensible’ litigation conduct is unusual in family proceedings; likewise, the section 91(14) order, barring the father from making further applications without permission until 2030, which is longer than the norm. This is important precedent.”

“Procedural orders can, and should, be used to close down the legal avenues through which perpetrators seek to reassert control. This is such a testament to the extraordinary courage of the mother who, as a survivor of rape and abuse, not only protected herself but also acted decisively to safeguard her child.”

We echo this sentiment. The mother’s strength and resolve were instrumental in securing justice—not only for herself and her child, but for others who may follow.

Looking Ahead

This case is a reminder that the family justice system must evolve to meet the needs of victims of domestic abuse. It is our hope that decisions like this, alongside the voices raised in ‘Breaking the Silence: Kate’s Story’, will help shape a more protective, trauma-informed approach in the courts.

We remain committed to advocating for victims of domestic abuse and ensuring that the legal system serves those it is meant to protect.