September 2024 - Tees Law

Co parenting: Legal considerations every parent should know

Posted on 25 September 20249 July 2025 by Sarah O'Sullivan

Separating from your child’s other parent can be one of the most difficult and stressful experiences in life. Amber Kennedy, an expert in parental legal rights, shares key legal considerations for parents contemplating separation.

Prioritising your child’s needs

The best starting point is for both parents to collaborate and decide what arrangements will work best for their child. In some cases, an equal time-sharing arrangement may suit your family dynamic. Focusing on your child’s well-being rather than parental “rights” often leads to better long-term outcomes.

For helpful guidance, consider downloading the free Parenting Through Separation Guide from Resolution, a community of family justice professionals.

Can One Parent Prevent the Other from Seeing Their Child?

The law presumes it is in a child’s best interests to maintain a meaningful relationship with both parents, unless there is evidence that such involvement could cause harm. Active participation from both parents generally supports a child’s emotional and psychological development.

However, if there are safeguarding concerns, the court may decide to restrict contact to protect the child’s welfare. A court may prevent contact in cases involving:

Domestic abuse
Substance abuse
Other behaviours that pose a risk to the child

In some situations, supervised or supported contact may be appropriate. This can involve the presence of extended family members or contact centre staff to ensure the child’s safety. If face-to-face contact is not safe, indirect contact through phone calls or letters may be considered.

If you are being prevented from seeing your child, it’s crucial to seek specialist legal advice promptly. Resolving disputes swiftly can make it easier to rebuild your parent-child relationship.

Understanding Co-Parenting

Co-parenting involves both parents working together to make joint decisions about their child’s upbringing. This collaborative approach creates a calm and stable environment, benefiting the child’s emotional well-being. Effective communication and shared decision-making are hallmarks of successful co-parenting.

What Is Parallel Parenting?

When communication between parents is challenging due to high conflict, parallel parenting may be a more suitable approach. This method allows both parents to remain actively involved in the child’s life while minimizing direct interaction.

With parallel parenting:

Each parent makes day-to-day decisions independently when the child is in their care.
Communication is limited to essential matters, such as medical or educational concerns.
The child benefits from a relationship with both parents, without exposure to ongoing conflict.

While parallel parenting can be beneficial in cases involving domestic abuse or significant conflict, parents should be mindful of how differing parenting styles might affect the child’s sense of stability.

Seek Legal Support

Understanding your legal rights and responsibilities is essential when navigating separation. Consulting with a family law specialist like Amber Kennedy can provide tailored advice to protect your child’s best interests.

For more information or personalised legal support, contact a legal professional experienced in family law matters.

First time buyer: What you need to know before purchasing a home

Posted on 18 September 20249 July 2025 by Sarah O'Sullivan

Buying your first home is an exciting milestone, but it can also feel overwhelming. Our Residential Conveyancing experts at Tees are here to provide you with practical advice and valuable insights to make your journey smoother.

Assess your financial position

Committing to a mortgage and home ownership is a significant step. Beyond your mortgage payments, consider additional costs like maintenance, insurance, council tax, and utilities. Use online mortgage calculators to estimate your expenses and create a sustainable long-term budget.

Understand your credit score

Your credit score plays a vital role in obtaining a mortgage offer at a competitive interest rate. You can check your credit score online for free. If your score needs improvement, consider steps like:

Paying bills on time
Reducing outstanding debt
Limiting the number of active credit cards

Save for a larger deposit

The bigger your deposit, the better your mortgage options will be. If you have a Help to Buy ISA or a Lifetime ISA, be mindful of their restrictions. Always check the terms and conditions before using these for your purchase.

Get a mortgage agreement in principle

Speak to a mortgage broker to understand how much you can borrow. They can advise on fixed-rate, tracker, or variable mortgages based on your financial circumstances. Factor in additional costs like:

Survey and mortgage application fees
Land Registry fees
Property searches
Stamp duty
Legal fees

At Tees, we can provide a transparent quote for legal services to help you budget accurately.

Choosing the right property type

Freehold

Full ownership of both the property and the land
Indefinite ownership period
Responsible for all maintenance and repairs

Leasehold

Ownership for a fixed term (typically 99 to 999 years)
After the lease expires, ownership returns to the landlord
Service charges and ground rent may apply
Properties with fewer than 80 years on the lease may be harder to mortgage

Shared ownership

Purchase a percentage of the property and pay rent on the remainder
Opportunity to buy more shares over time (staircasing)
Typically sold as leasehold

Finding the right property

Consider factors like proximity to schools, amenities, and transport links. Evaluate the property’s condition and budget for any necessary repairs or renovations.

Research local property prices: Use platforms like Rightmove and Zoopla to compare property prices.
Negotiate smartly: Make offers subject to survey results, and be prepared to renegotiate if issues arise.

Understanding the purchase process

Once you find a property, instruct a solicitor to ensure the legal title is clear and all necessary paperwork is in place. At Tees, our experienced solicitors conduct searches, investigate titles, and guide you through every step.

Your lender will conduct a valuation to confirm the property’s worth before issuing a formal mortgage offer. While not mandatory, we recommend a survey to uncover potential issues. Investing in a survey can save you money in the long run by identifying necessary repairs.

Why choose Tees?

At Tees, we specialise in helping first-time buyers navigate the complexities of purchasing a home. Our expert legal team provides clear, practical advice tailored to your needs, ensuring your experience is as smooth and stress-free as possible.

Ready to take the next step? Contact Tees today for personalised legal support on your home-buying journey.

Key legal steps for parents: Relocating with children after divorce

Posted on 16 September 202410 July 2025 by Sarah O'Sullivan

Amber Kennedy, an expert in parental legal rights, shares essential information for separated parents considering relocating with their child. Understanding the legal landscape is crucial to ensure a smooth transition and prevent future disputes.

What is relocation?

Relocation occurs when a separated or divorced parent wishes to move with their child to a different area, whether within the UK or abroad.

Common Reasons for Relocating with a Child After Divorce

Parents may seek to relocate for various reasons, including:

Job Opportunities: A parent receives a job offer or career advancement in another region or country.
Family Support: Moving closer to relatives for emotional and practical support post-separation.
New Relationships: Forming a new relationship with a partner who lives in another location.
Lifestyle Improvement: Belief that a new location offers a better quality of life for the child.

Understanding parental rights and legal considerations

How far can I move with my child?

There is no strict legal limit on how far a parent can move with their child. However, maintaining the child’s meaningful relationship with both parents is typically in their best interest. The further the relocation, the greater the potential impact on these relationships.

Moving abroad with your child

If no child arrangements order exists, you need written consent from all individuals with parental responsibility. Without consent, you must obtain court permission.

If a child arrangements order is in place:

Living with you: You cannot take your child abroad for more than 28 days without the consent of all individuals with parental responsibility or the court’s approval.
Spending time with you: Written consent or court approval is mandatory, regardless of whether the other parent has parental responsibility.

Failure to follow these procedures could lead to accusations of child abduction, resulting in legal action for the child’s return.

What if my ex-partner agrees to the relocation?

Consider obtaining a child arrangements order by consent. This order formalizes the agreement, reducing the risk of your ex-partner withdrawing consent unexpectedly.

What if my ex-partner refuses to agree?

You can apply to the court for permission to relocate. The court will assess whether the move is in your child’s best interests, evaluating factors like educational opportunities, emotional needs, and the impact on their relationship with the other parent.

Court Considerations in Relocation Cases

Key factors the court will assess include:

The child’s wishes (age-appropriate)
Emotional, physical, and educational needs
Impact of the relocation on family dynamics
Ability of each parent to meet the child’s needs
Potential harm from changes in circumstances

Costs and Timeframes for Relocation Applications

Legal Costs: Vary depending on whether the application is by consent or contested.
Time frame: Court applications may take 9 to 18 months or longer in complex cases.

How to approach relocation discussions with your ex-partner

Open communication is key. Mediation can be a helpful way to reach an agreement. Tees offers expert mediation services through qualified partners Helen Midgley and Clare Pilsworth.

Get Expert Legal Advice

Relocation cases are increasingly common. Seeking legal advice early can ensure you present a well-prepared case. Contact our specialist solicitors at 0800 0130 1165 for personalised guidance tailored to your circumstances.

Cyber stalking: How to combat the tech bullies

Posted on 10 September 20249 July 2025 by Sarah O'Sullivan

Technology has enabled new ways for people to harass ex-partners by tracking their movements and spying on their digital platforms. Solicitor Harry Calder explains how you can protect yourself from cyber stalking.

A report on Violence Against Women and Girls found that 36% of women in the UK have experienced online abuse on social media or other platforms. Of these women and girls, one in six also experience tech abuse from a partner or ex-partner.

This form of harassment, known as cyber stalking, has been made easier through the widespread use of location services on smartphones and the availability of spyware. It causes distress and sometimes fear of violence and is difficult to ignore, given the extensive role that smartphones and other technology have in our lives. It can also lead to unwanted physical contact.

How can I protect myself from cyber-stalking?

Digital break up

When you part company with your partner, it’s important to break any digital links you may have, such as shared passwords or PINs, or accounts on services such as Spotify or Netflix.

If you don’t cut these ties, you’re potentially leaving yourself open to an ex-partner using that digital access to spy on you, or intimidate you in other ways.

Turn off location services

Location services on our smartphones allow our precise locations to be shared with others, for example via social media apps and ‘find my phone’ services. Sometimes you might not even realise these are activated, enabling someone to track your whereabouts without your knowledge. Review the location settings of every app on your phone. You can turn off location services completely when you don’t need them. Bear in mind that emergency services can still determine your location when location services are turned off.

Change your passwords

New passwords should be set up for your all your digital accounts, whether it be social media, email or your bank. Passwords should be strong and unique to avoid an ex-partner being able to guess them. Using the same password for several accounts should be avoided. It’s also recommended to set up two-factor authentication on your accounts. This means that a code is sent to your phone after you enter your password to complete the login process. It’s also possible to check whether your password has been compromised in a data breach. This information can often be found in your phone’s security settings.

Update cloud account settings

Many couples or families share cloud accounts which link connected devices together and allow for information to be shared between them. For example, a family member may be able to see where your phone is if it’s lost, using ‘find my phone’ services. On the breakdown of a relationship, you may forget entirely that your devices are linked in this way and your ex-partner may be able to track your movements without you being aware.

If you no longer wish to have your device connected to your ex-partner’s in this way, you can update your cloud settings, or create a new cloud account.

Changing device settings which your ex-partner may have set up

Many partners buy smartphones for their partners or children and change the settings to enable them to track the device’s location. On the breakdown of a relationship these settings may still be in place and an ex-partner can track your device, or that of your children, without you being aware. Be cautious of gifts made to children after the relationship breakdown, such as phones, iPods/iPads, smart watches or other devices. The settings of these devices could be set up to share their location, allowing the ex-partner to stalk not only your children’s movements but also yours indirectly.

Social media activity and stalking

On social media, posts or photos uploaded by you, friends or family, can reveal your location to an ex-partner. Many social media accounts are open to the public and can be followed by ex-partners disguising themselves with fake names. Review your friends or followers lists and remove any accounts which you don’t recognise or are suspicious of. Alternatively, you can change your social media account’s privacy settings, so that only people you approve can view your account activity.

Tracking devices used by stalkers

Tracking devices, normally used to avoid losing items, have increasingly been used to track ex-partners. Devices such as the Apple AirTag, which is about the size of a 10 pence piece and cheap to buy, will send precise location information to the user. If you’re concerned that you might be being tracked, the first step to search places where a tracker could be hidden. Common places include: inside bags, pockets, vehicles. However, as these are small devices, they can often be well hidden. There are apps available that can scan for nearby trackers and identify an unknown device nearby using Bluetooth.

Spyware

Your digital activity can also be monitored through spyware. Software is available that would allow an ex-partner to read your texts, look at your photos and even access the camera of your smart phone. They may even be able to view you changing your password to prevent them accessing your accounts.

You can sometimes remove spyware from your device by deleting any suspicious apps that you did not download or do not use. The most comprehensive way to remove any spyware would be to perform a factory reset of your device, which wipes all the saved information from it, returning it to its condition when first bought. Before you do this, save your photos and other data to a different device. There are companies who can remove spyware from electronic devices, but that comes at a cost. You can consider simply buying a new device.

If you’re concerned about covert recording devices in your home, there are companies who can conduct a ‘sweep’. If spyware is found you should seek professional advice immediately from a solicitor or the police.

Cyberstalking – how to get help

Cyberstalking is a criminal offence under The Protection from Harassment Act 1997. If you’re worried about cyberstalking from an ex-partner or anybody else, you should reach out for help at the earliest opportunity. A family solicitor can give you legal advice and support and point you in the direction of other support agencies. You can also call the police. Here are some suggestions for organisations that are there to help:

What next for equal pay?

Posted on 6 September 202410 July 2025 by Sarah O'Sullivan

Landmark legal victory for next employees in equal pay case

Following a six-year legal battle, over 3,500 current and former Next employees have secured a major win in their Employment Tribunal complaints for equal pay. The ruling may result in Next paying up to £30 million in back pay. Despite the retailer’s intention to appeal, the decision could have wide-reaching consequences for other UK employers.

The wider impact on major retailers

This legal victory marks the first of its kind against a national UK retailer. Other major supermarkets, including J Sainsbury’s Plc, Tesco Plc, W Morrison Supermarkets Ltd, Asda Group Ltd, and Co-operative Group Ltd, face similar claims from 112,000 workers. If these claims succeed, the financial ramifications could amount to billions of pounds.

The basis of the claim: Pay disparity between shop and warehouse staff

The central issue in this case was the pay gap between predominantly male warehouse staff and mostly female shop staff. Next argued that wider market forces justified the disparity, maintaining that warehouse operators earned higher salaries due to industry standards. However, the Tribunal rejected this defense, stating that cost-saving measures did not justify the discriminatory effect.

Equal pay and the concept of equal value

A critical element in the case was the determination of whether shop and warehouse staff performed work of equal value. The Tribunal concluded that retail staff work was of comparable value to that of warehouse employees, leading to the decision that Next was required to provide equal pay.

Key factors in establishing equal value

Gender disparity: 77.5% of retail consultants were female, compared to 52% of warehouse employees being male.
Independent assessment: Equal value is determined through independent expert analysis, comparing the responsibilities, effort, and skill of both roles.
Tribunal’s role: Even minor differences in tasks can be disregarded if they are deemed insignificant in the overall comparison.

Lessons for employers: Mitigating equal pay risks

This ruling serves as a stark reminder for employers to assess their pay structures. Companies should ensure that roles of equal value receive equal pay, preventing the risk of costly litigation.

Practical steps for employers

Conduct regular pay audits: Review and compare salaries across different roles to identify disparities.
Ensure transparency: Maintain clear documentation on how pay decisions are made, using objective criteria.
Provide justifiable explanations: Base pay differences on legitimate factors such as experience, qualifications, and market rates.
Promote equal opportunities: Encourage career development for all employees, removing barriers to advancement.
Seek legal guidance: Consult legal professionals to ensure compliance with equal pay regulations.

The ongoing battle for Next employees

While the ruling is a significant milestone, the journey is far from over. With Next pursuing an appeal, employees face further delays and legal complexities. The case underscores the challenges of achieving equal pay justice and the importance of robust legal support.

Employers should view this ruling as a wake-up call to proactively address pay equality. Taking preventative measures now can mitigate legal exposure and foster a fairer, more equitable workplace.

For tailored legal advice on equal pay compliance, contact our team of experts today.

Bank of England cuts interest rate for first time in four years

Posted on 2 September 20248 July 2025 by Sarah O'Sullivan

The Bank of England has reduced Bank Rate for the first time in more than four years.

The rate is now 5%, having been held at 5.25% since August 2023, after 14 consecutive increases. The Monetary Policy Committee (MPC) marginally voted in favour of reducing Bank Rate, by 5 votes to 4. Many major mortgage lenders had already reduced their rates in anticipation of the cut and more are expected to follow suit. Despite this, the reduction is not expected to make a significant difference to mortgage affordability overall, however it is hoped to be the first of more cuts which should alleviate some of the financial pressures on homebuyers.

Matt Smith, Rightmove’s mortgage expert, commented, “While those looking to take out a mortgage soon shouldn’t expect to see drastically lower mortgage rates, we would expect the downward trend we’ve started to see continue.”

Renters’ Rights Bill – what’s in it

The government has released notes on what to expect in the Renters’ Rights Bill, which is due to introduced in the autumn.

As promised in Labour’s manifesto, the Bill will include the end of ‘no fault’ evictions but will have clear possession grounds for landlords needing to reclaim their properties. Renters will also have improved rights enabling them to challenge rent increases. Plus, the government plans to end ‘bidding wars’ on rental properties, although property experts Rightmove commented that this may be difficult as there are currently 15 prospective tenants for every rented property.

Tenants will gain the right to request a pet, which the landlord must consider and cannot unreasonably refuse, however they can request appropriate insurance is purchased to cover any accidental damage. A Decent Homes Standard is also expected to be applied to the Private Rented Sector to improve the quality of rental properties.

The UK’s fastest selling homes

Research by Zoopla has revealed the homes that sell the fastest in the UK.

In England and Wales, almost half (49%) of homes find a buyer within 30 days of going on the market. This figure increases to 75% in Scotland where properties are valued and surveyed upfront, thus speeding up the homebuying process.

In Q2 of this year, the fastest-selling property type on Zoopla was two-bed terraced houses, which took an average of 27 days to sell. It then usually takes another four months for the transaction to be completed. These properties appeal to a range of buyers, from first-time buyers to empty-nesters looking to downsize. Notably, there is also more competition for this kind of home due to limited supply, as they made up only 7% of new properties listed in the last three months.

Interestingly, the slowest-selling properties are detached homes with at least four bedrooms, taking an average of 40 days before a sale is agreed. This is probably due to associated higher mortgage costs combined with a spike in supply of larger homes.

All details are correct at the time of writing (19 August 2024)

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice and the accuracy and completeness of the information cannot be guaranteed. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applying or proposed and are subject to change; their value depends on the individual circumstances of the investor. No part of this document may be reproduced in any manner without prior permission.

All details are correct at the time of writing (19 August 2024)