Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
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Often an overlap between family and criminal law can occur for victims or those accused of domestic abuse, harassment or threats. It is not unusual for victims of domestic abuse to require the advice of family law solicitors as well as criminal solicitors, if there have been proceedings in both the Family Courts (under the Family Law Act 1996), as well as criminal proceedings relating to, in some cases, the same incidents.
Criminal and Family Courts are subject to different jurisdictions and legislation. Therefore, different rules govern different courts and this applies to the evidence/ information obtained in separate proceedings. The question we are regularly asked as family lawyers is; ‘can the evidence prepared for Non-Molestation proceedings be used by the police in investigating a criminal offence?’ It is important, before disclosing information prepared for the purpose of an application before the Family Court to consider whether or not this is allowable.
The Family Procedure Rules provide that where hearings are held in private (which is usually the case in family proceedings), only very limited categories of people are entitled to be present at those hearings. The purpose of this is to ensure privacy and protection of the parties involved in family proceedings. This is a matter of public policy and subject to confidentiality provisions. Likewise, this means that all documents filed or shared during the course of proceedings must not be shown or shared with anyone who is not specifically named or involved in the case, without the express permission of the Court. In the event this rule is breached you could find yourself in contempt of court, which has serious sanctions.
The prudent course of action will always be to seek permission to disclose any documents from the Family Court first.
If you have a question relating to your ability to share information prepared or obtained in the course of family proceedings, whether or not under the Family Law Act 1996 or maybe perhaps in divorce or financial proceedings, please contact Jennifer Allen or a member of the family team at Hughes Paddison for further advice.
The information contained on this page has been prepared for the purpose of this blog/article only. The content should not be regarded at any time as a substitute for taking legal advice.
Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
What our clients say
“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.”– Commercial Director, Ferroli Limited
““Jennifer was most helpful, frequently explaining the legal jargon with ease and doing so in an effective manner. This very much helped me follow along with what at times seemed like a daunting process - Jennifer’s ability to explain things clearly made the whole process much easier to deal with.””– Anon
“Just a quick note to say a huge thankyou to both yourself and Jess for the service that you have given me over the last few months. It all seems to have been done with the minimum of fuss which has certainly taken away an element of stress that comes along with selling your house. I now see why you guys came as a recommendation and look forward to dealing with you both again when we purchase our new house next year.”– Anon
“Just a note to say thank you very much to you and your colleagues for dealing with the sale of our late Mum’s property. The service we received was excellent and you were able to resolve all the problems that cropped up!”– Anon
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.”– R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and I’m so grateful that I was fortunate enough to have had Marcus recommended to me when I did.”– R
“When you use a solicitor its usually in times of need, when you require expert advice and reassurance. This is exactly what our company has received from Hughes Paddison Solicitors and in particular Kimberly Whalen-Blake. Not only is Kimberly extremely well informed and professional; she is also personable and easy to communicate with. She responds to messages and emails promptly and goes over and above to assist. I would have no hesitation in recommending her services; and in the future, if necessary, I will definitely be calling on her expertise. ”– S - UK Parking Design
“ Hughes Paddison came highly recommended and they were not wrong. I am so glad I appointed Kim to represent me. It was a really difficult time and Kim swiftly and compassionately cut through to the crux of the issue and gave me such clear and great advice immediately. The outcome achieved was truly the best for myself and the organisation and avoided more stress for all parties involved, as it was solved very quickly. Most importantly for me, Kim handled the negotiations. The relief of handing this over to someone I completely trusted made a horrible situation much better. Many thanks to Kim and HP.”– Anon
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