GHP Insights

News, Q&As and Press Releases From Our Team

Q&A How long to change a Child Arrangement Order for Christmas?

We have a Child Arrangement Order stating our daughter should spend Christmas Day with my ex-wife one year, and with me the next, and spend Boxing Day with the other parent. However, this year I would like to take her skiing, which would mean her spending the whole Christmas period with me, and me taking her out of the country. My ex-wife is currently refusing to allow it and my daughter is utterly distraught, so I think I need to apply to the Court for a variation. How long will it take?

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Q&A Could I have a say if Mum challenges the DOL that is keeping her in a care home?

My Mother is a resident in a Care Home in my local area. It has been concluded that she lacks capacity to make her own decisions about her care needs and where she should live, because she has dementia. She is on something called a DOL. For the past three months she has been adamant that she wants to move back to her bungalow, because this is where she lived with my father before he passed away. I keep telling her that she’s in the best place for her, but she’s not listening to me and keeps asking to move back. What can I do?

 

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Q&A Dad is no longer able to care properly for Mum – what should I do?

I live near my parents and visit them regularly. My mother was diagnosed with Dementia some time ago and now has quite substantial care needs. Until recently these needs have been met by my father. However, things have now started to deteriorate, and I believe it is because my father has developed mental health needs of his own. I am getting very worried that Mum is no longer receiving the support that she needs. I know she would prefer to stay in her own home with my father and therefore I don’t believe she would agree to going into a care home. Can you advise the best way to resolve this situation?

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Q&A Is permission from a child’s mother needed for father to take them abroad?

Q:      My boyfriend and I want to take his 10-year-old son skiing with us at Christmas, but his ex is being difficult about it as she says it isn’t in the ‘terms of the arrangements’ that he spends more than one day with his father at Christmas. Obviously, we need to get the holiday booked. Will my boyfriend have to apply to the Court for permission to take his son out of the country and extend his stay with him?

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Q&A - I have fathered a child. Can I see him?

I have just discovered that I have fathered a son with my former partner. Apparently, she deliberately got pregnant and her only interest in me was for that purpose. Whilst I will not ever forgive her for using me, I would like to get to know my son and play a part in his life. I have contacted my ex-partner to tell her this, but she will not talk to me about it and says she does not want me in her life or our son’s life. Do I have any legal right to be involved in his life?

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Q&A - Can my employee insist on working from home?

Q:        One of our employees has requested to work permanently from home, as he did during lockdown when we temporarily closed our offices to prevent the spread of covid. I am not happy to agree as I believe he will get distracted by his wife and young children when he should be working. Would there be legal implications if I turned down his request?

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Q&A - Can I be made redundant when pregnant?

Q:        I am having a difficult pregnancy due to being diabetic and have had to take a lot of time off work sick, outside my basic maternity leave entitlement. I was furloughed under the government scheme until the end of September and had only been back at work a few weeks when I fell pregnant. The pregnancy was not planned. Now my boss has emailed to tell me he is going to have to let me go as the business needs to make cut-backs. However, three male colleagues who do the same work as me, but have not been there as long as me, are keeping their jobs. Do I have a case for discrimination?

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Q&A - My husband says I will get nothing if we divorce. Can he do this?

Q:        My husband and I have agreed to get a divorce after 25 years of marriage, however he keeps threatening me by saying that he will make sure that I am left with nothing. I only work part time, whereas my husband works full time in a much better paid job. How can I protect myself?

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Q&A - We left each other a life interest in the house. Now my husband has died,can I sell up?

Q:        My husband and I severed the joint tenancy in our home some years ago, and, in our wills, left each other a life interest in our respective half shares as we understood this would prevent all of it being swallowed up by care home fees, if the survivor of us needed residential care. The house goes to our children when we’re both gone. My husband died a few months ago and I’ve done nothing to administer his estate, but I am considering selling the house to buy a smaller one. Can I do this?

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Q&A - Can I claim against the Council for uneven paving?

Q:        My elderly father tripped on an uneven paving slab and broke his hip. He blamed himself for not watching where he put his feet, but I have checked out the slabs in question and it is not just one uneven slab but several. Local people say the council have been informed on several occasions about them. Should my father claim compensation?

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