Parental Responsibility is defined in section 3(1) Children Act 1989 as being: “All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property” Parental Responsibility is the legal term for the right of the parent (to be involved in decisions regarding the child) as well as the responsibility of the parent to ensure the welfare of the child. A person with Parental Responsibility can make decisions such as choosing a school, naming a child, getting medical treatment as well as disciplining a child. Mothers who give birth to children, automatically have Parental Responsibility for the child. Fathers automatically have parental responsibility if they are married at the time or named as the father on the birth certificate. If you are the father of a child but you are not married to the mother and are not named on the birth certificate, read our blog on the rights of cohabiting parents. Also, just because someone is not listed as a parent on the birth certificate, does not mean that they cannot obtain parental responsibility. You can enter into an agreement with the mother called a 'Parental Responsibility Agreement’. Alternatively, you can make an application to the court & obtain a Parental Responsibility Order. You can also apply for a Child Arrangement Order. If you are no longer living with your children, parental responsibility does not disappear - you still have a responsibility to ensure that your children have appropriate arrangements in place. If you are concerned about matters regarding your children or that you do not have parental responsibility of your child, please contact one of our family law experts on 0203 601 5051. Our services include:- Preparing Parental Responsibility agreements Assisting a parent in applying to the Court for a Parental Responsibility agreement. Applying for a Prohibited Steps Order where one party… [...]
Extradition is the process by which those who are wanted in another country, whether to serve a sentence of imprisonment or to stand trial for a criminal offence, are sought.
The National Legal Service Extradition Team
Extradition proceedings can be very difficult for clients and their families. It is therefore vital to have expert by your side every step of the way. That is where we here at the National Legal Service can help.
Our extradition lawyers are each recognised as experts in the field. With many years of practice between them, they are renowned for winning cases, even against the steepest odds.
We pride ourselves in being highly creative, tenacious and thorough in our approach to each and every case. It is for this reason that our results speak for themselves.
With National Legal Service in your corner, you can be certain that your case will be prepared and advanced by experts who have secured the discharge of numerous clients wanted all over the world.
How does extradition work?
For the purposes of extradition, in general terms, the world is divided into two parts: European Union countries and countries outside the EU.
For requests from another EU country, a standardised and streamlined procedure is used whereby requests are made in the form of a European Arrest Warrant.
For requests from outside the EU, more information is required that that typically contained in an European Arrest Warrant. In some instances, specific bilateral arrangements are in place (notably, the United States).
How can I stop extradition?
There are a number of means by which we have prevented our client’s extradition.
First, it is vital to have a comprehensive technical understanding of the law in relation to the information which must be contained in an extradition request. The law in extradition is perpetually evolving and it is therefore imperative to keep abreast of developments.
Next, it is important to investigation the potential bars to extradition set out in the Extradition Act 2003. For instance, where extradition would result in “oppression” as a result of the passage of time, it is barred.
It is also imperative to explore whether any less coercive alternatives to extradition can be arranged. We have been successful in negotiating such outcomes with judicial authorities in numerous jurisdictions.
Finally, it is crucial to consider whether extradition is compatible with human rights. This is another aspect of extradition law which continually developing.
We have years of experience of winning cases on each of these grounds, singularly or in combination.
So, if you face extradition proceedings, or think you may have to in the future, please get in touch with one of our experts for a free consultation.
During the course of a divorce proceeding financial settlements often arise. As with most matters these can be resolved efficiently and in a cost-effective manner where there is an agreement between the parties.
Financial settlements resolve the division of assets after a relationship breakdown, often after divorce. It can be a simple process with the focus being meeting reasonable needs of both parties in particular the housing needs for both in particular the children.
It can also become complex. Some couples possess complicated off-shore accounts, disputed value items, shared business ventures and pensions. These cases can require the instruction of expert financial investigators to provide an impartial analysis.
Our experienced solicitors will guide you through these tricky and sometimes emotionally frustrating proceedings to arrive at a suitable arrangement.
NLS are highly experienced and have the expertise to represent individuals who have had a loved one died whilst under the care and control, or by the action of an institution such as Hospitals, Police, Mental Health Unit or HM Prison Service.
As such family members will not have a full explanation or account for what happened to their loved ones so they must undergo an Inquest (fact finding) conducted by a Coroner. It is extremely important that if you find yourself in this situation you have access to legal advice and Lawyers who are able to represent you both in litigation and as an Advocate.
Inquests can be quite complex and can be quite a mind field especially for those who have never had to go through one before. It is vital that you have an expert lawyer who will carry out any work, ask the right questions and demand the answers you want to know on your behalf.
Here is a list of just some of the matters NLS will deal with the following;
Judicial Review proceedings are used to challenge Government Departments, public bodies and other agencies on the basis that the decision making process adopted by them is so seriously flawed as to be unlawful in accordance with public law principles and / or your human rights.
Each and every one of us are directly affected in one shape or form with the decisions of central and local government and other public bodies.
There are decisions made by Government Departments, public bodies or agencies that are procedurally unfair or irrational, and it is made outside of the decision makers powers or remit or which impinges on someone’s human rights. Such breaches can be challenged through the courts.
National Legal Service can provide legal help and legal representation to assist you with challenging these breaches.
Money Laundering is a blanket term for the disguising of money and valuable assets from their criminal origins. A crime is committed (e.g. fraud) through which valuables are gained and then there is an attempt to mask their criminal nature behind legitimate assets which are used either for personal gain or to aid the business or operation.
There are three stages in this process:-
The court will want to establish just how far the defendant had reasonable grounds to suspect the money he was accepting at any of the three stages was laundered or came from criminal origins.
It can be very difficult to establish what reasonable grounds are for suspicion, and as a result many honest and legally rigorous business people find themselves facing laundering accusations.
The Money Laundering Regulations 2007 now require businesses to report suspect transactions that they believe may be laundered.
In order to fight the charges you will need experienced lawyers who understand the intricacies of money laundering law. We are familiar with the difficulties these accusations can cause you and your business and will work with you to find the best possible outcome in court.
If you are at the Police Station or are asked to attend an interview at the police station, it is your legal right to have a defence solicitor represent you- free of charge. If detained by the Police you have the right to inform someone that you have been arrested and to access medical attention if it is needed.
If you are under 18 or a vulnerable adult then the police must contact a parent, guardian, or carer. You must have a responsible adult (who may be a friend, social worker, or family member over 18) with you. Once detained at the police station you are certain to be interview by the police. We strongly advise that you do not agree to an interview without having a lawyer present.
We are available to attend and advise you at any time of the day or night throughout the year, 365 days of the year. There is a very real chance of accidental self-incrimination, even when you are not guilty. There are circumstances where, to make our client less anxious, we can arrange the time of the appointment and meet with you in private, with the full information about what you are being accused of, before the interview and talk over your side of the story.
Our service is available 24 hours a day, 7 days a week, 365 days a year. You need only telephone our 24 hour telephone number to secure immediate representation.
The Youth Court is designed to be informal with a bias towards prevention rather than punishment for young people between the age of 10 and 17, who have been charged with a criminal offence. The Youth Court has no jury and the public are not allowed in. For very serious crimes (such as murder) or those where the youth is charged together with an adult, they may need to go to a Crown Court.
A police station visit can be a very scary experience for a young person . The police should not interview your child until you are present and must ensure a responsible adult is present to make sure your child is treated fairly.
The most important thing is to have solicitors who not only understand the sensitivities involved but are also experienced youth crime solicitors. Wrongful conviction can and has come about when those without a proper understanding of the law are led to admit something untrue and criminal because legal counsel was not provided.
If you were involved with a group of people and a crime was committed by one of them, the police may try to charge you with that crime through the doctrine of Joint Enterprise. Just being present at the scene of the crime or being a member of a group when an individual or multiple people break the law is not sufficient to be convicted through Joint Enterprise. To be found guilty you must have encouraged the behaviour or assisted the offence in some way.
For example, if a group of people chased down and assaulted a victim and then one of the group stole the wallet of the victim, the question of whether the entire group is guilty of joint enterprise in theft is to be decided by the court.
Young people have been affected by this law because of the prevalence of youth gangs and the susceptibility to peer pressure, especially in lower income areas. The youth courts take this into consideration when passing sentence. For more information, visit (Youth Court link to be added).
If you or somebody you know is accused of Joint Enterprise then it is imperative that you hire an expert lawyer. The individual nature of each Joint Enterprise case requires that our lawyers work closely with you, and we will always work hard to achieve that standard both in and outside of the courtroom.
There are many motoring offences but just a few of these include:
You can be penalised in several ways. This could be through penalty points, by having your license revoked, by being fined, or even through imprisonment.
With these potentially serious consequences it is essential that you seek representation by experienced solicitors who are specialised in motoring law. This should be done as soon as you are made aware of the proceedings against you. If you are called in to the Police Station we strongly encourage you to contact a solicitor first to discuss the matter.
While the seriousness of driving offences cannot be underplayed, the consequences of a sentence should not be forgotten either:
Legal representation is an absolute necessity to ensure you are not unjustly treated by the court.
Legal aid is not available for motoring cases. We have fixed fees and we will charge on a contract agreed upon and signed by you. We will advise you as to what we expect the likely outcome in the court will be and what your next action should be.
While you will be liable to be charged with a public order offence, in football related events there are special football banning orders that the police can issue.
Whatever the disorder that triggers the police action, be it drunkenness or violence, if it is related to football and in and around football stadiums the police have broad powers to issue these orders.
A Football Banning Order (FBO) can ban you from entering football stadiums or otherwise attending games. It can block access to you from even approaching the stadium itself. It is possible that the order will stop you travelling internationally if it is suspected you plan to attend a football match, this will involve surrendering your passport to the police.
The banning order can last up to 5 years when you are not imprisoned but it can be extended to 10 years if you are.
We have extensive experience in appealing against these orders and can help you understand and fight against the charge, whether at the police station or in the courts.
If you wish to appeal you must get in contact with a legal team specialising in football and public order law as soon as possible. Our expert team can provide you the confidence to know that everything that can be done is being done.