LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us
Katherine Illsley#2240

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Contributed to

263

Reports under section 37 of the Children Act 1989
Reports under section 37 of the Children Act 1989
Practice notes

This Practice Note details the power of the court in family proceedings to make a direction under section 37 of the Children Act 1989 (ChA 1989) for a local authority to investigate the welfare of a child where it appears that a care or supervision order may be required. It sets out the circumstances when a section 37 report should be ordered, which local authority should prepare the report and other directions and orders that may be made by the court. It also provides guidance on the contents of a section 37 report and considerations and actions by the local authority.

Reports under section 7 of the Children Act 1989
Reports under section 7 of the Children Act 1989
Practice notes

This Practice Note details the power of the court in family proceedings to make a direction under section 7 of the Children Act 1989 (ChA 1989) for a welfare report to be prepared by an officer of the Children and Family Court Advisory and Support Service (Cafcass), a Welsh family proceedings officer or someone from the local authority. It sets out when such a report might be necessary, what a section 7 report should cover and the attendance of children and family reporters at court and the recommendations of a report. It also details the Child impact assessment framework introduced by Cafcass.

Schedule 1 to the Children Act 1989 (ChA 1989) prohibits the making of an order for a lump sum or for maintenance in favour of a child applicant over the age of 18 for educational expenses where there was an order for maintenance in force relating to the child immediately before they attained the age of 16. Where the child is seeking provision from a parent who was not the payer under the order, and the order has since been discharged, are there any exceptions to ChA 1989, s 2(3)? Is there case law on this issue? What other options may be available in such a scenario if an application under ChA 1989, Sch 1 isn’t feasible?
Schedule 1 to the Children Act 1989 (ChA 1989) prohibits the making of an order for a lump sum or for maintenance in favour of a child applicant over the age of 18 for educational expenses where there was an order for maintenance in force relating to the child immediately before they attained the age of 16. Where the child is seeking provision from a parent who was not the payer under the order, and the order has since been discharged, are there any exceptions to ChA 1989, s 2(3)? Is there case law on this issue? What other options may be available in such a scenario if an application under ChA 1989, Sch 1 isn’t feasible?
Q&As
Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?
Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?
Q&As
Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties?
Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties?
Q&As
Tenants have been in the same residential property since 1982 and are charged a fair rent. They have requested to relocate into a neighbouring property (owned by the same landlord). Will the landlord have to charge them a fair rent in the new property, or can the landlord set up an AST? The tenants wish to relocate of their own free will, not at the request or insistence of the landlord.
Tenants have been in the same residential property since 1982 and are charged a fair rent. They have requested to relocate into a neighbouring property (owned by the same landlord). Will the landlord have to charge them a fair rent in the new property, or can the landlord set up an AST? The tenants wish to relocate of their own free will, not at the request or insistence of the landlord.
Q&As
The decree absolute in divorce proceedings was pronounced over 20 years ago. The parties did not deal with finances at that time and the party who now wishes to make an application for financial orders has since remarried. Neither party retained a copy of the divorce petition. How can it be ascertained whether a prayer for ancillary relief was included in the petition? If that information is not available, what would be the approach of the court?
The decree absolute in divorce proceedings was pronounced over 20 years ago. The parties did not deal with finances at that time and the party who now wishes to make an application for financial orders has since remarried. Neither party retained a copy of the divorce petition. How can it be ascertained whether a prayer for ancillary relief was included in the petition? If that information is not available, what would be the approach of the court?
Q&As
The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the mother would like the birth certificate amended to include the deceased father. Is a declaration of parentage required, or can the birth certificate be amended by statutory declaration?
The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the mother would like the birth certificate amended to include the deceased father. Is a declaration of parentage required, or can the birth certificate be amended by statutory declaration?
Q&As
The matrimonial home is solely owned by one spouse who has left the property. The occupying spouse has registered home rights. The non-occupying spouse has given permission for their son (the other party’s stepson) to move into the property against the occupying spouse’s wishes. How can the occupying spouse have the stepson excluded from the property? Would this be by an application under the Family Law Act 1996 for an occupation order against the non-occupying spouse or by other civil proceedings?
The matrimonial home is solely owned by one spouse who has left the property. The occupying spouse has registered home rights. The non-occupying spouse has given permission for their son (the other party’s stepson) to move into the property against the occupying spouse’s wishes. How can the occupying spouse have the stepson excluded from the property? Would this be by an application under the Family Law Act 1996 for an occupation order against the non-occupying spouse or by other civil proceedings?
Q&As
The parties agreed child maintenance in 2007 through a family based agreement for two children, who are now age 16 and 21. The 21-year-old completed their full time education in 2017. At some point, the paying parent’s income increased, and the parties are agreed that a sum may be owing as to the difference between the sums paid and the amount that would have been calculated by the Child Maintenance Service (CMS). Could the CMS be asked to calculate arrears as to the difference between the sums paid and the sum that would have been paid had a calculation been made on the basis of the increased income, and if so for what period of time? If not, what other remedies may be available if the matter cannot be agreed?
The parties agreed child maintenance in 2007 through a family based agreement for two children, who are now age 16 and 21. The 21-year-old completed their full time education in 2017. At some point, the paying parent’s income increased, and the parties are agreed that a sum may be owing as to the difference between the sums paid and the amount that would have been calculated by the Child Maintenance Service (CMS). Could the CMS be asked to calculate arrears as to the difference between the sums paid and the sum that would have been paid had a calculation been made on the basis of the increased income, and if so for what period of time? If not, what other remedies may be available if the matter cannot be agreed?
Q&As
The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?
The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?
Q&As
The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?
The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?
Q&As
The parties to a marriage entered into a consent order which provided for global periodical payments (spousal and child maintenance until the child finished secondary education). The ‘child’ is now over the age of 18, has completed secondary education, is entering tertiary education and the original maintenance order has ended. What options are there for the recipient of the global maintenance to seek financial support for the child at university given that they are too late to apply to extend the child periodical payments in the consent order?
The parties to a marriage entered into a consent order which provided for global periodical payments (spousal and child maintenance until the child finished secondary education). The ‘child’ is now over the age of 18, has completed secondary education, is entering tertiary education and the original maintenance order has ended. What options are there for the recipient of the global maintenance to seek financial support for the child at university given that they are too late to apply to extend the child periodical payments in the consent order?
Q&As
The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?
The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?
Q&As
The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.
The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.
Q&As
Three individuals own a property jointly. Two of them are the members of a local sports club (an unincorporated association). The third individual is a former member. There is a Form A restriction on the Proprietorship Register. If the unincorporated association wishes to grant a lease or transfer the property, do all three individuals have to execute the lease or transfer or could the two current members execute on behalf of the association? Could the rules of the association assist?
Three individuals own a property jointly. Two of them are the members of a local sports club (an unincorporated association). The third individual is a former member. There is a Form A restriction on the Proprietorship Register. If the unincorporated association wishes to grant a lease or transfer the property, do all three individuals have to execute the lease or transfer or could the two current members execute on behalf of the association? Could the rules of the association assist?
Q&As
To what extent can witness evidence in financial remedy proceedings, comprising witness statements, be shared with experts, other witnesses to the proceedings and other witnesses who are not parties to the proceedings?
To what extent can witness evidence in financial remedy proceedings, comprising witness statements, be shared with experts, other witnesses to the proceedings and other witnesses who are not parties to the proceedings?
Q&As
Two individuals hold a property as tenants in common. The TR1 states that the parties own the property as tenants in common in unequal shares subject to a declaration of trust. The terms of the declaration of trust were never agreed upon and this document was never signed. Can the parties rely on their subsequent contributions and improvements to the property to quantify their beneficial interest under the terms of a constructive trust?
Two individuals hold a property as tenants in common. The TR1 states that the parties own the property as tenants in common in unequal shares subject to a declaration of trust. The terms of the declaration of trust were never agreed upon and this document was never signed. Can the parties rely on their subsequent contributions and improvements to the property to quantify their beneficial interest under the terms of a constructive trust?
Q&As
Two parties (A and B) jointly own a property as tenants in common. Co-owner A's parents paid the only deposit on purchase of the property, and a further lump sum towards work on the house. Co-owner B made financial contributions during the relationship to date, including payment of the mortgage. The parties are separating and advice is needed on the division of capital under TOLATA 1996. Please can advice be provided in respect of the presumption of advancement in this context?
Two parties (A and B) jointly own a property as tenants in common. Co-owner A's parents paid the only deposit on purchase of the property, and a further lump sum towards work on the house. Co-owner B made financial contributions during the relationship to date, including payment of the mortgage. The parties are separating and advice is needed on the division of capital under TOLATA 1996. Please can advice be provided in respect of the presumption of advancement in this context?
Q&As
Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?
Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?
Q&As
First 9 10 11 12 13 14 Last

Practice Areas

Panels

  • Contributing Author
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2010

Membership

  • Middle Temple
  • Family Law Bar Association
  • Association of Lawyers for Children

Education

  • BA in English Language and Literature, 2:1, University of Oxford
  • GDL, Oxford Brookes University, Merit
  • BVC, College of Law, Very Competent
Lexis+
Clear, practical guidance for all legal professionals

If you expected to see yourself on this page, click here.