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Posts tagged “Divorce and separation solicitors”

Issued by the Court, a Prohibited Steps Order (PSO) prevents a parent from carrying out certain activities relating to a child. It can be useful when parents face specific issues or are unable to agree on their children's arrangements.  
 
What can a Prohibited Steps Order do?  
 
You can apply for a PSO to stop an individual from various acts including changing a child's name, taking them out of the country or removing them from school. It doesn't apply just to parents, as it can be made against anyone regardless of their relationship to the child. 
 
A Prohibited Steps Order is made under Section 8 of the Children Act 1989. You will need to file a C100 application form and prove that you have tried mediation with the respondent. The application can be made either within existing proceedings or independently as a free-standing case. The Court will then examine the reasons behind your claim. In case of an imminent threat to your child, you can make an application for an emergency PSO, providing that you have strong evidence for the case. This means that the application is filled without notice while the respondent may not be aware of the application. 
Introduction 
In their 1759 satirical assault on the naïve optimism of the philosophy of enlightenment, Candide, ou l’Optimisme, Voltaire pits optimism directly against misfortune. If this is the best of all possible worlds, they ask, what then are the others? 
One must be careful not to assume that because something exists, it is the best possible thing that could exist. Things can be well, but not the best. Things can be otherwise than as they are, they are not the best they could possibly be, yet. 
Yet is the operative word. 
 
So it is with the recent case of Akhter v Khan, which immediately garnered headlines such as “English law applies to Islamic marriage, judge rules in divorce case”[1]. That prospect, expressed only by the headlines, was greeted with widespread support. The space between something happening and that something being the best possible something is wide and deep. 
The judgment in the recent case of Akhter v Khan is careful to point out that it is not saying that English law applies to Islamic marriages. The sort of optimism that could cause one to view this decision as being the best of all possible decisions will lead to disillusionment. Of immediate note, amongst several things which caveat this decision, is that there remain higher courts to which this matter may yet ascend. 
Mr Justice Williams, giving their judgment, was clear “What this case is not about…is whether an Islamic marriage ceremony (a Nikah) should be treated as creating a valid marriage in English Law. In fact, the main issue as it has emerged is almost diametrically the opposite of that question: namely whether a Nikah marriage ceremony creates an invalid or void marriage in English Law.”[2] 
The difference, while appearing on the face of it to be semantic only, is important and in fact the making of such a distinction is where the optimism that perhaps could be associated with this decision stems. Again, such optimism should be cautious where it exists at all. 
MWG Solicitors became the latest local business to support a lifesaving initiative aimed at protecting local communities against the threat of cardiac arrest. The partners of the firm working along with Lifepad solutions have sponsored the latest defibrillator to be installed at Tesco Extra Petrol station at Handforth Dean. Furthermore, as part of the sponsorship package, they also donated an additional defibrillator to Tytherington Juniors FC.Irfan Munir partner at MWG said, “We pride ourselves as a company to be heavily involved in community initiatives especially those that save lives”. “To know that we are protecting people’s wellbeing against the threat of cardiac arrest is an amazing thing”. 
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