Parental consensus

Certain family situations spill over into the criminal sphere: one parent no longer represents the child in dealings with the other, or maintenance is no longer being paid. The criminal response, which is sometimes essential, must be coordinated with any ongoing or forthcoming civil proceedings. This coordination is key to an effective defence, and it requires a detailed understanding of both areas of law.

Questions clients ask
What should I do if the other parent is no longer paying child maintenance? Should I file a complaint, and if so, when? What should I do if the other parent refuses, without reason, to hand over the child?

What this area covers

A voluntary procedure — requiring the consent of both parents and their solicitors.

A judge who is present and actively involved — the judge sets the framework, centred on the child, and approves the agreements.

A strengthened role for the solicitor — preparation in advance, facilitating dialogue at the hearing, and ensuring the legal validity of the agreements.

Shorter timeframes — expedited summons; proceedings concluded on the same day in the event of full agreement.

The initiation of criminal proceedings is never a neutral matter in a family context. The firm provides early advice on the advisability of taking such action, its timing, and how it relates to civil proceedings (whether ongoing or forthcoming). Where it is necessary to lodge a complaint or bring a civil claim, the firm initiates the proceedings and supports the client right through to the hearing.