Tuesday, 12 April 2016
“In every Court case where the Court makes a decision about a child’s custody, it is the child's welfare that the Court places first”, confirm Curry Popeck Solicitors.
This was highlighted recently in the case of a Nigerian illegal immigrant, who fought a legal battle for the custody of his 15 month old daughter and won his appeal.
The man initially arrived in the UK a few years a goon a six months tourist visa. He had no job, was a drug addict and had periodically been homeless at the time of the appeal hearing.
When the girl was just one month old, she had been placed into temporary foster care because of her father’s seeming inability to care for her and her mother’s mental health issues and inappropriate lifestyle. During the court case it was concluded that it would not be in the child’s best interests to be flown to Nigeria to be cared for by her father’s relatives. The father indicated that he would like to care for the girl child himself, but the judge suggested that the man might use his daughter as a legitimate means of remaining in the UK. It was therefore decided by the court to place the girl for adoption.
The girl’s mother did not appeal this decision, but the child’s father did and he went to the court of Appeal, where the judge questioned whether the previous judge had sufficient evidence on which the initial decision was based, indicating the need for further investigation for the purpose of clarity.
During the court proceedings the judge was informed that the child’s father had experienced a change in his situation and started working, after being given discretionary leave. It was on this basis that the judge found the appeal in the father’s favour.
The Court considers several factors when determining custody, however, if a person is homeless, jobless and struggles with addiction it is unlikely that the Court would grant him or her custody of any children. If the parent does not seek substance abuse counseling or make arrangements to improve their situation, the chances of custody of the child being taken out of their hands are very high. But, in this case, the man tried to improve his situation and started working too, which had a positive impact on the Court’s decision to grant custody.
If you are involved in a child custody case, or any case involving family law, then contact Curry Popeck, a full-service law firm comprised of experienced solicitors like Lionel Curry.
Please contact CurryPopeck if you would like advice about Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. A free initial consultation is available to all potential new clients. To find out more, visit- http://www.currypopeck.com/
Monday, 11 April 2016
In almost every adoption case where the court has to make a decision about a child, it is the welfare of the child that the court must consider as it is the principal concern of the court in care proceedings,state Curry Popeck solicitors in Harrow.
The rights of the parents are of much lesser importance in such cases. Recently, a judge opened the way for the adoption of a seriously ill baby boy after ruling that it was in the best interest of the child and that his mother's love alone would not be enough to meet his needs.
The boy was born 12 weeks prematurely and weighed just one kilogram at the time of birth. The child had chronic lung problems from birth and needed a constant supply of oxygen and monitoring day and night. His mother, in her 20s, who had a history of mental health problems and was deemed by the local council’s social workers as lacking essential parenting skills, was not allowed to take him home from hospital and the baby was placed in foster care against her wishes. Usually a child enters foster care when the court or the family decides that the child needs a safe place to stay for a while. Foster care is supposed to give families time to make changes while the child stays in a safe place.
The mother challenged the council’s decision, which was rejected by the High Court, which ruled that placement in foster care was in the best interests of the child. Although the court acknowledged that the mothergenuinely loved her child and her parents had offered to help her with his care, the boy's health needs could not be met by his birth family within a reasonable timescale. Further delay in his adoption would compromise his ability to make permanent attachments to his new family.
Child care proceedings are always emotional and the issues raised can be complex, but the best interests of the child or children have to be considered always and expert legal representation is essential.The rights of the parents cannot be denied but where their rights conflict with what is best for a child, the child's welfare wins.So, it is always helpful to get into the habit of talking about things from the point of view of the child and not you, suggest Curry Popeck’s experienced solicitors in Harrow.
Curry Popeck have specialist accredited lawyers, who have dealt with some of the most challenging cases and have successfully helped their clients get the best results so, no matter how large or small the case, contact Curry Popeck solicitors, for the best legal representation.
To schedule an appointment, visit-http://www.currypopeck.com/
Friday, 8 April 2016
“Choosing the right executor is one of the most important decisions you make”, state Curry Popeck Solicitors. An executor is the person responsible for administering your estate and carrying out your final wishes. Other duties of an executor include filing court papers to start the probate process, taking an inventory of everything in the estate, using your estate’s funds to pay bills, including taxes, funeral costs, etc, handling details like terminating credit cards, and notifying banks and government agencies about the death, distributing assets to the beneficiaries named in the will and other responsibilities, pertaining to the estate. While choosing the right executor can remove some of the burden from your family when you die, choosing the wrong one can create considerable problems, as are cent case showed.
A woman had appointed two executors to administer her estate; one of the executors was her son, the other one was a professional. The relationship between the two was poor and the professional accused the son of neglecting his mother and began making demands of the son to explain withdrawals from the woman's building society account prior to her death.
He even proceeded to carry out an investigation against the son and even informed the police, but after investigation, no grounds were found on which any action could be taken. The professional did not stop there; he then raised bills on the estate for this work and invited the son to take a lesser share of the estate.
Needless to say, this resulted in an argument that ended up in court, when the son refused to countenance the charges.
The High Court had to consider whether the bills were fair and came to the conclusion that they were excessive and the investigation work was not warranted at all as the beneficiaries under the will had not requested an investigation to be carried out. Besides, the Court considered that doing so was not part of the co-executor's duties.
The professional was faced with a considerable legal costs order and was also removed from his position as co-executor.
Finding the right executor is very important as it helps ensure the prompt, accurate distribution of your assets, while minimizing family friction. Always choose someone who is honest, well-organized, dependable, good with paperCurry Popeck.
For most people, the obvious choice is a family member, especially a spouse or child, however, if an obvious family member is not available, you may want to ask a trusted friend, but always try to choose someone in good health who will hopefully be around after you’re gone.
Also, if the person you choose needs help settling your estate, they can always call on an expert like Lionel Curry, who will guide them through the process and help them make the right decisions.
The experts at CurryPopeck have a vast amount of experience of dealing with all issues relating to Wills, Probate and Estate Administration matters, thereby helping to protect your interests and give you peace of mind.
To know more, visit- http://www.currypopeck.com/
To know more, visit- http://www.currypopeck.com/
Thursday, 7 April 2016
In a recent news article, it was stated that employers have been given the right to read employees’ emails and other electronic communications. An important question that arises is: can an employer legally monitor your emails at work? What do the expert solicitors have to say? According to Curry Popeck,London solicitors, even if your employer intends to monitor your e-mails or internet use, it is their duty to inform you of this. This could be via your employment contract or employee handbook, and it should also be made clear the extent and type of private use that is allowed. If the matters are taken to court, the court takes into account all these factors, as happened in the case described below.
In the case in question, a Romanian employee was asked by his employer to create a Yahoo Messenger account, so that he could respond to enquiries from clients. An important point to be noted here is that the company had clearly written a rule that prevented employees from using company equipment for personal purposes.
The employer, on monitoring the employee’s communications found that he had been using it for personal reasons. However, the employee denied it. So a printout was produced by the employer as proof and the employee was eventually dismissed.
The employee claimed that his dismissal was unfair as his right to privacy had been breached by his employer. On carefully examining the facts and employment terms and conditions, it was found by the Romanian court that the employer was entitled to monitor the employee’s use of work computers to make sure that they were being used only for professional reasons.
The employee appealed unsuccessfully and so he brought his claim to the European Court of Human Rights. He pointed to Article 8 of the European Convention on Human Rights, according to which everyone has the right to respect for his private and family life, his home and correspondence.
The Court said the breach was out of the question. Romanian employment law struck a fair balance between the employee’s right to privacy and the interests of the employer.
It further said that it is not unreasonable for an employer to ensure that the employees are completing their professional tasks during working hours. So, the case was dismissed.
According to the employment law experts at Curry Popeck,law firm in Harrow, an employer’s right to monitor an employee’s emails is governed by the Data Protection Act 1998, according to which if an employer monitors the use of e-mail of his employees and collects their personal data, then he/she must tell the employees how he intends to use the information and then use it for that purpose only.
If you think that your employer has illegally monitored your e-mails or if you are dealing with any issue pertaining to employment, contact Curry Popeck, one of the leadingHarrow law firms. With the extensive knowledge and experience of their employment experts, you can rest assured that the recommended course of action will help you achieve the best outcome for your case.
To know more about your rights as an employee or to schedule an appointment with them, visit-http://www.currypopeck.com/