We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Becoming a parent or guardian of a baby is a beautiful moment. However, there are times when the relationship between a child and their parents or guardian can become strained, and even dangerous. Thankfully, children are protected by a series of orders aimed at removing them from unsafe environments, maintaining comfortable and positive environments to preserve their emotional health and welfare.
A Section 31 Order can be a heartbreaking ordeal for parents who are faced with losing the care of their children. Learning more about the Children Act 1989 and the associated order can help parents facing this situation understand how to move to a discharge of the order later. Austin Kemp are experts in child law: contact our child law specialists today to see how we can help you.
A Section 31 Order is part of a more significant Act of Parliament known as the Children Act 1989. This Act is centred on the idea that the best place for children is in the care of their own families. However, the Act recognizes that there are times when children may not be safe within their families, and through a series of orders, ensures children are safe, and their welfare is promoted first and foremost.
The Children Act 1989 makes clear that all judgments and orders should have the child’s welfare in mind. Orders should be taken immediately, and delays could have a detrimental effect on the child’s physical, mental, and emotional health. Thus, a child whose welfare is in question should be provided a solution that takes their wishes into account, as well as their educational needs, background, and the parents’ ability to care for the child. This ensures the child’s well-being is secured with the least amount of distress.
If there is any suspicion of wrongdoing to a child, the Children Act 1989 (ChA 1989) Section 31 says the child can be placed in the care of, or supervised by, a specified local authority. The goal is to help the child in question feel safe and comfortable. According to the Section 31 Care Order, the Court can make the order determination if they are appropriately satisfied that:
It’s important to note that the Section 31 care order cannot be made once a child has reached the age of 17.
Although the local authority will have legal responsibility for the care of the child, parents and guardians may be allowed reasonable contact with their child while they are in care, unless this contact could harm the child’s welfare.
Interim care orders are a temporary outcome of a court order. These orders can be placed for up to eight weeks on the first instance, and allow local authorities to conduct home assessments. A full care order is sought when parents do not show appropriate movement toward reconciliation – setting up counselling, abstaining from drug or alcohol abuse – or when the Court does not believe the parents can ensure the child’s safety.
The only individuals or groups who may apply for a care order are local authorities or the NSPCC. The court itself cannot begin the Section 31 Care Order proceedings, but can direct the local authority to begin an investigation and initiate the Order.
For the court to apply for a care order, the local authority must prove the child meets the ‘threshold criteria’, as the above are commonly identified. As the Children Act 1989 believes children are ultimately best cared for in their own families, the local authority must present appropriate evidence a Section 31 Care Order is necessary.
Parents and guardians can have an opportunity to discharge the order after the care and home environment have been assessed and deemed appropriate for the child’s return. The Section 31 care order can only be discharged when the court is convinced there is a profound change in the circumstances of the home. These reports should be categorised by therapists, GPs, or other agencies who can assert that the parents or guardians can resume care for the children.
Reports should be specific to the original concern that lead to the Section 31 care order. If drug and alcohol abuse were a determining factor, you would need to prove a significant time with abstinence or engage with substance misuse services. If your parenting ability was called into question with the Section 31 care order, it’s helpful to show attendance in therapy or parenting courses. The more specific your reports are, the better chance you’ll have for your children’s return.
Retaining a trusted lawyer to assist in the discharge of the care order will ensure a smooth transition. The Courts will always act in the child’s best interests, so it is critical for parents attempting to retain parental responsibility and bring their children back into their care to have a solid argument for a change in circumstance, as well as the correct forms and documents.
Parents deserve a caring and understanding lawyer to navigate the Section 31 Care Order system and the discharge of the order. The team at Austin Kemp makes up an elite team of lawyers specialising in complex family law. With decades of experience helping high net worth individuals help protect their families, we’re poised with thoughtful care to support your family. There are countless reasons why you should choose our family law solicitors; just read our client success stories and client testimonials for real-life examples of our work. See our law firm’s story to learn about our history and our values.
Call our family law solicitors today or chat with us online to get the answer to any questions you may have.
Private fostering is when a child under the age of 16 (or under 18 if the child has a disability) receives care from someone other than a parent or close relative. An arrangement is made between a parent and a carer for 28 days or more. Local councils should be notified about private fostering arrangements.
Section 34 of the Children Act 1989 states that authorities must allow “reasonable” contact between a child in its care and their parents, guardians, or those with parental responsibilities. The nature of this contact can vary between cases, and is influenced by factors like the resources of the local authority and the circumstances of those involved.
When children are the subject of a care order, the local authority takes legal responsibility for the child. Parents still have parental responsibility, although the local authority can limit this if it’s in the child’s best interest.