Susan, Michelle and Katy have a special interest in this area of work and will assist couples and individuals through the technical procedures involved in the adoption of children either in the UK or from abroad. They have extensive experience in preparing and presenting complex cases for court and supporting their clients through all the stages leading to making of the final order.

What is an Adoption Order?

This is an Order that gives parental responsibility for a child to the adopters. At the same time, the making of an Adoption Order will extinguish permanently the parental responsibility which any person had for the child immediately before the making of the Order. An Adoption Order is irrevocable save for very restricted circumstances. By virtue of the adoption, the child becomes the adopter’s legitimate child and legally is treated as if he had been born to either the adoptive couple or to the single adopter. An Adoption Order does not in itself confer citizenship or a right to remain in the United Kingdom. The purpose of the law relating to adoption is to provide security and stability for a child.

Adoption first became legally available in England and Wales in 1926. The law of adoption is governed by the Adoption and Children Act 2002.

Adoption is a legal process by which a child becomes a permanent and full member of a new family. Adoption has become the goal which is sought for most children who require a permanent family placement away from their natural parents.  

The term “foreign adoption” means any adoption that takes place in a country outside England and Wales.

Some of the Adoption Orders made outside England and Wales are automatically recognised. However, where they are not, it will be necessary to apply for an Adoption Order to be made in England and Wales.

Regrettably there are circumstances where a local authority takes action to remove children from parents. We have extensive experience of acting for parents, children, grandparents and other extended family members. We deal with these traumatic cases with the sensitivity gained over many years of practice. This is an area requiring empathy and specific skills, Susan Eskinazi, Michelle Grant and Katy Rensten are all experienced practitioners in this area and are members of the Law Society Children Panel.

What is an Emergency Protection Order?

This is an Order which gives the local authority who has made the application parental responsibility for the child named in the Order. That parental responsibility is in addition to any parental responsibility that a child’s parents have or any other persons before the Order was made and is subject to a number of specific duties and restrictions, the most important of which is the right to remove a child to accommodation provided by the local authority or the right to prevent a child’s removal from his present accommodation. An Emergency Protection Order is a short term protective remedy for a child and may be made for a maximum period of eight days, subject to certain exceptions, and can be extended for a period not exceeding seven days if it is established that there is reasonable cause to believe that the child concerned is likely to suffer significant harm if the Order is not extended.

This is an extremely draconian Order and by its nature is an emergency remedy.

What is a Care Order?

This is an Order placing a child in the care of a local authority. The phrase “a child in care” means a child who is the subject of a Care Order. When a Care Order is made with respect to a child, it is the duty of the local authority to receive the child into its care and to keep him in its care while the Order remains in force. The local authority must provide accommodation and maintenance for the child while he is in care and has a duty to safeguard and promote the child’s welfare. While a Care Order is in force, the local authority will have parental responsibility for the child. The parents and those others with parental responsibility prior to the Care Order being made continue to have parental responsibility. However the local authority, by virtue of the Care Order, has the power to determine to what extent the child’s parent or guardian may meet his parental responsibility for that child.

A Care Order will remain in force until a child reaches the age of 18 unless it is brought to an end earlier.

A Care Order or Supervision Order should be sought only when there appears to be no better way of safeguarding and promoting the welfare of a child. 

Child Abduction is the unauthorised removal of a child from the care of the person with whom he normally lives or the threat of such a removal.

The police have the power to arrest anyone who they reasonably suspect of committing the offence of abduction, or any other arrestable offence. If the police are notified that an attempt may be made to remove a child unlawfully from the UK, they can through their National Computer System alert all other police forces and notify immigration officers of the details of the child who is at risk. This system is known as the “Port Alert” system.

If a child is abducted from the United Kingdom to another jurisdiction, the legal remedies which are available to secure his return are limited and cumbersome. In order to address this two separate conventions came into existence in 1980. Where countries have not ratified either convention then the terms of those conventions do no apply to a child taken to those countries. Some countries have ratified one of the conventions and others have ratified both.

The two conventions are the “The Hague Convention” and “The European Convention”.

We at Eskinazi & Co., have considerable experience in recovering children who have been abducted from the United Kingdom to other countries including those that have ratified the Conventions and others that have not. We are experienced solicitors in this area of work.

1. The civil partners must be of the same sex
2. Neither civil partner can already be a civil partner or lawfully married
3. Both civil partners must be over the age of 18 years (or over the age of 16 and have the consent of “appropriate persons”)
4. The civil partners must not form a prohibited relationship

Collaborative Law is a new way for couples to reach a mutually agreed divorce or separation settlement without going to court, and a better way of handling sensitive and emotional issues.

In Collaborative Law, the couple set the agenda themselves and discuss what they want in a series of face-to-face meetings. You and your partner each have a specially trained solicitor on hand to give you advice and to assist you both to ensure the discussions are constructive. The aim is to work together to resolve the key issues with fairness, dignity and mutual respect. You set your own agenda, and remain in control of the process - unlike the legal protocols and constraints imposed by a court, with a judge deciding the outcome rather than yourselves. Children are often the real victims of the breakdown of relationships, and the collaborative process can ensure that their needs are put first.

You both agree at the beginning that neither of you will not go to court to resolve the dispute, giving you the freedom to negotiate issues without the threat of court action. Your lawyers also sign an agreement that disqualifies them from representing you in court if the collaborative process breaks down. This means all four of you are totally committed to making the process work. If necessary your lawyer will call in other experts such as child specialists, counsellors, financial specialists or accountants as part of your divorce team.

The focus is on you and your family, and you have the opportunity to talk through all the issues at a time and place you chose, and come to a workable agreement. Provided you both enter the process with an open mind and are prepared to make an honest and open disclosure of all the relevant information (and that neither of you is hell bent on revenge) the process of Collaborative Law is faster and less acrimonious than court proceedings, for divorce and separation and also for other finance or child-related family issues.

However, if a settlement cannot be reached, new lawyers must be instructed to issue Court proceedings. Once you have reached an agreement, it is fully binding and becomes the divorce settlement.

To find out whether this approach may be right for you and your partner, give us a call on 0208 445 7707 and talk to one of our specially trained collaborative lawyers.

The breakdown of a marriage is a distressing time for all the individuals concerned particularly children. We provide specialist advice and guidance through all the legal procedures. The firm operates within the Code of Practice set down by Resolution to ensure that each case is conducted in a non-confrontational manner. If however, court proceedings are inevitable these are handled skilfully and as speedily as possible.

We at Eskinazi & Co listen, empathise, manage and most of all help our clients to achieve their reasonable expectations in the least acrimonious way possible. We will consider with you whether mediation or collaborative law should be used to try and resolve the dispute.

We are experienced family lawyers and are used to assisting our clients when they are at their most vulnerable. People’s lives can suddenly and often without warning be thrown into turmoil. Here at Eskinazi & Co we provide a full service to our clients and deal with our clients’ emotions while remaining objective in order to advise clearly and to represent their cases effectively.

We employ alternative methods of dispute resolution such as mediation or collaborative law and offer a modern, relevant and highly effective way of achieving our overall aim of representing our clients to the best of our ability.

Many people struggle in relationships where violence is a factor. We offer advice and assistance in obtaining non-molestation injunctions and in securing the occupancy of the matrimonial/family home.

Domestic violence occurs in our society regardless of social class or race. Statistics indicate that almost a third of abused women and nearly two thirds of abused men tell no-one of the worst incidents. We at Eskinazi & Co are aware of the frequency and sensitivity of abusive relationships. Often domestic abuse sufferers experience loss of self esteem which makes it difficult for them to take and follow through the steps necessary to leave an abusive relationship. It is harmful for a child to see or hear domestic violence being inflicted upon another. Persons who perpetrate violence frequently minimise or deny the abuse and blame the sufferer for causing the situation.

We at Eskinazi & Co are empathetic and can advise and assist victims of domestic violence.
 

Financial disputes can be complex as well as stressful. Christina and Michelle have extensive experience in the negotiation and formulation of agreements. If the matter has to be resolved through court we offer representation, guidance and support.If however you wish to proceed using Collaborative Law to resolve your dispute then Christina can assist you.

You will hear the term “ancillary relief” used. This refers to the resolution of financial claims within divorce proceedings. Most commonly, the phrase is used to refer to a specific application to the court for ancillary relief within divorce.

The main suit of a divorce is usually straight forward and is rarely contested and often parents are able to resolve disputes relating to children between themselves without recourse to court proceedings. It is not necessary to secure an Order of the court to reflect arrangements for children. However it is always necessary to obtain an Order in respect of financial terms of a settlement. Without an Order of the court, any settlement reached between a husband and wife is not final and binding. More importantly, claims arising on a divorce remain live until they have been formally dismissed by an Order of the court. 

We advise grandparents who have lost contact with their grandchildren because of divorce, separation or other family problems. Perhaps you are grandparents caring for grandchildren following a Court Order or you are seeking such an Order.

• Have you lost contact with your grandchildren?
• Are your grandchildren the subject of care proceedings?
• Do you wish to apply for a Special Guardianship or Residence Order?

We can provide you with practical advice and information if you are experiencing such problems and can help you navigate your way through the law. All our solicitors are experienced in advising and representing grandparents in lots of different situations.

Christina Theodorou is Greek Cypriot and speaks Greek. She is an experienced Family lawyer with expertise in Pre-nuptial Agreements, Divorce, Financial Relief, Civil Patnerships, Cohabitation Rights, Residence and Contact as well as Child Abduction. Christina also specialises in the preparation of Wills and Probate.

Christina advises the Greek Community and has experience in dealing with all ages communicating with both Greek and English speaking clients. Christina has knowledge and understanding of Greek traditional values which assists her in providing appropriate help and advice to her Greek clients in relation to their Divorce, Matrimonial disputes and Children matters.

Christina is a Collaborative lawyer and is committed wherever possible to assisting clients in resolving their disputes by way of negotiated settlement rather than by litigation. She is sympathetic but is also a tough and effective negotiator.

Christina gives talks on Family Law as well as radio interviews.

What is Probate?

A Grant of Probate is an official document which the Executors to your Will may need to administer the estate. When a person dies, someone has to deal with their affairs and this is called `administering the estate`. If the person that has died has left a Will, then the Will will usually name one or more people to act as the Executors of the Will, namely to undertake the administering of the estate. If you are named as an Executor of a Will, you may need to apply for a Grant of Probate.

If there is no Will then the person has died intestate and the process is more complicated. The Administration of Estates Act 1925 states who can act as an Administrator, that is the person who has the legal right to deal with the affairs of the deceased. Anyone who has the right to do this can apply to the court for a Grant of Letters of Administration. This is an official document which allows Administrators to administer the estate.

Dealing with the affairs of someone who has died can take a long time. It is not unusual for it to take up to a year, perhaps longer if things are not straight forward.

The term Personal Representatives refers to Executors or Administrators. If there is more than one Personal Representative then they must work together to decide matters between them. Personal Representatives are responsible for making sure that the estate is administered correctly. If there is a Will, the Personal Representatives must make sure that the wishes of the person who has died as set out in their Will are followed. If there is no Will then they must follow the rules of intestacy.

We at Eskinazi & Co can assist you with obtaining a Grant of Probate. Please contact Christina Theodorou of this firm who is qualified in this area and will be able to advise and assist Personal Representatives in obtaining a Grant of Probate or Letters of Administration and in administering the estate.

If you would like more information or to discuss this with Christina, please contact her and she will be happy to assist you.