Case Studies

Family law

Family Law

The Problem

Our client was estranged from the mother of his children but they had joint parental responsibility. His ex-partner took his two children on a ‘holiday’ to Europe, but once there, she informed him that she was not going to return and the children were going to stay with her. Technically this amounted to child abduction under the Hague Convention.

What We Did

We made applications to Courts in the foreign jurisdiction and also the High Court to obtain an order to return the children. Once the children were back in the UK, we filed a child arrangements order (formerly a residence order) that reversed the children’s residence and put them into the care of their father.

The Result

The children were reunited with their father, who now had peace of mind that they could be brought up under his care, in a stable environment, whilst still being able to see their mother.  Our experienced Family team were able to provide support and hope to the father throughout the whole process.

Immigration

Immigration law

The Problem

Our client was a Doctor from Nigeria who had been granted a permit to work in the UK for an NHS Trust. She came to the UK to get settled and then applied for her husband and two-year-old child to join her. The Home Office refused the applications for both her husband and child. The husband was refused because of a previous application that had been made years before,  that had been rejected and carried an automatic ban for 10 years.

What We Did

Owens Solicitors got involved when our client, the NHS Doctor, approached us after her family’s application was refused. Our specialist immigration solicitors requested an administrative review and made the case that her two-year-old son should not be punished because of a previous application by his father, that had been made even before the child was born. We made representation to the Home Office that the Doctor was the main carer of the child and would have to return to Nigeria if her son could not join her.

The Result

Within a week the Home Office overturned their decision to refuse the child’s entry. The Doctor was reunited with her son and the child joined her in the UK. Also, the NHS did not lose a valuable and qualified member of their team.

Wills & Probate

Wills & Probate

The Problem

Our client had been married but was estranged from her husband and had never divorced. Her husband died without making a Will which meant his estate was ‘intestate’. His family were very hostile towards our client and claimed she should not inherit anything from the deceased estate as their relationship had ended years before.

What We Did

We advised our client that even though she and her husband not been together as a couple when he died, as he did not have a Will the inheritance laws called the Rules of Intestacy determined who should inherit. As our client was still legally the deceased wife she was at the top of the list of beneficiaries. We acted as intermediaries to explain the situation to the deceased family and applied for the Letter of Administration issued by the Court to prove our client had the legal authority to deal with the estate. Our team also helped our client complete the Inheritance tax returns and calculate any tax that needed to be paid to HMRC.

The Result

Despite the objections from his family, our client inherited the estate from her ex-partner, enabling her to keep her home and benefit from the assets that were legally hers under the Rules of Intestacy.

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