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Bernadette Mulholland Solicitors https://www.bernadettemulholland.com/ We are Professional, Practical, Friendly Tue, 29 Nov 2022 12:25:08 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.2 https://www.bernadettemulholland.com/wp-content/uploads/2021/11/cropped-favicon-32x32.png Bernadette Mulholland Solicitors https://www.bernadettemulholland.com/ 32 32 Surgical Negligence Claims https://www.bernadettemulholland.com/surgical-negligence-claims/?utm_source=rss&utm_medium=rss&utm_campaign=surgical-negligence-claims https://www.bernadettemulholland.com/surgical-negligence-claims/#respond Tue, 29 Nov 2022 12:25:05 +0000 https://www.bernadettemulholland.com/?p=394 If you have suffered surgical negligence due to an error being made during surgery, or if you fail to receive the appropriate level of care, you may be entitled to make a medical negligence claim.

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Preparing for surgery is an anxious time for patients and although the vast number of medical procedures performed every year are successful, unfortunately surgical errors and negligence can happen in both private and NHS hospitals. When surgical negligence occurs, patients may fall victim to surgical mistakes, substandard treatment or inadequate level of care which can cause serious harm and suffering.

Surgical mistakes and errors

Sadly, mistakes do occasionally happen during surgery and this can result in avoidable injury, serious complications or even fatalities. Injuries that can arise from surgery are varied and may include infections, adverse reactions to transplants or transfusions, damage to organs and nerve damage. Such injuries can be caused when negligence occurs during surgery, such as:

  • Using un-sterilised instruments
  • Incorrect administration of anesthetic
  • Poor surgical performance
  • Failure to remove surgical instruments
  • Contamination of blood during blood transfusions
  • Poor aftercare following surgery

If you have suffered surgical negligence due to an error being made during surgery, or if you fail to receive the appropriate level of care, you may be entitled to make a medical negligence claim. We understand that this can be a very traumatic time for you and your family and such medical mistakes can have lasting psychological impact. Our legal team can advise you on the process surrounding negligence claims and guide you through this with exceptional support.

Additional support from a medical negligence claim

If you have suffered a surgical or medical mistake, you may require extra support with regards to extra medical care or rehabilitation. We will consider this when preparing your compensation claim as well as recovering loss of earnings and any additional expenses involved in order to help you get your life back on track.

Is there a time limit on submitting a claim?

Yes. Generally, medical negligence claims need to be processed within three years from the date of the treatment or three years from the date you became aware of complications following surgery.  It is advisable to contact us as soon as possible to discuss your case further. Call us on 028 7963 2030 or email info@bernadettemulholland.com.

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Accidents in Public Places https://www.bernadettemulholland.com/accidents-in-public-places/?utm_source=rss&utm_medium=rss&utm_campaign=accidents-in-public-places https://www.bernadettemulholland.com/accidents-in-public-places/#respond Tue, 29 Nov 2022 12:13:33 +0000 https://www.bernadettemulholland.com/?p=391 Slip, trip and fall accidents can happen anywhere, at anytime and to any of us in a space that is considered a public place. Places accessed by the public must be safe.

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Slip, trip and fall accidents can happen anywhere, at anytime and to any of us in a space that is considered a public place. Public places include sites, parks, roads and pavements, leisure centres, shopping centres, supermarkets, schools, colleges and universities etc. Places accessed by the public must be safe. They should be routinely inspected and maintained and owners of such places or areas have a duty of care to ensure they are safe. Ownership of such places may include local council / authorities or may even be privately owned.

If you have suffered an accident in a public place, you may be able to seek compensation from the responsible party for the harm suffered. This includes medical treatment and financial losses such as loss of earnings if your injury prevents you from working.

Examples of accidents that occur in public places

  • Tripping on a pothole or uneven / defective pavement
  • Slipping on spillage in a restaurant, bar, nightclub, shop or other public place
  • Injuries as a result of something falling in a store or shop
  • Slipping on icy pavements that have been left untreated
  • Public playground accidents because of defective equipment

You may be entitled to seek compensation following a trip, slip or fall in a public place that wasn’t your fault. The amount of compensation you receive will depend on the severity of your injuries and will take into consideration factors such as the requirement for ongoing medical care.

How long do I have to submit a claim?

Generally, you have 3 years to submit a claim from the date of the accident, however we recommend seeking legal advice as soon as possible.

What should I do following an accident in a public place?

If you have had an accident in a public place, always seek medical attention at a hospital or G.P. for assessment and treatment of injuries. It is also important to report the accident to the person responsible for the location of the accident. It is also advisable to collect as much evidence as possible, inclusive of photographs of the location where the accident happened. Photographs of the injuries sustained can also be very useful when seeking compensation as well as evidence of medical appointments attended for treatment of your injuries. Obtain witness statements if possible.

To find out more about the claims process, contact our personal injury solicitors on 028 7963 2030 or email info@bernadettemulholland.com.

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Common Causes of Winter Road Traffic Accidents https://www.bernadettemulholland.com/common-causes-of-winter-road-traffic-accidents/?utm_source=rss&utm_medium=rss&utm_campaign=common-causes-of-winter-road-traffic-accidents https://www.bernadettemulholland.com/common-causes-of-winter-road-traffic-accidents/#respond Tue, 22 Nov 2022 13:45:32 +0000 https://www.bernadettemulholland.com/?p=388 Common causes of Winter road traffic accidents.

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When the weather changes and winter arrives, drivers are forced to adapt their driving behaviour. Road conditions may change dramatically due to ice, snow and harsh weather conditions. Driving in winter can be challenging. Shorter daylight hours, reduced visibility and hazardous conditions including black ice, snow, fog, flood water, heavy rain and stormy conditions can contribute to hazardous driving conditions and means you need to take extra care.

Taking time to prepare your car and yourself will help you stay safe on the road this winter. Unfortunately there is a greater increase in the number of road traffic accidents during winter.

Read our tips on how you can stay safer on the roads this winter:

  • Take extra precautions such as lowering your speed and keep a safe distance between cars. Speed is one of the most important factors in road traffic accidents.
  • Ensure your winter car preparations are complete including making sure all tyres have adequate tread and lights are working. At least 3mm of tread is recommended for winter.
  • Listen to weather warnings being issued and if possible, avoid driving in dangerous conditions.
  • Ensure you keep a de-icer and ice scraper in your car and do not attempt to drive until your car is fully deiced.
  • Always clear windows of ice, snow or mist. 
  • Check fuel levels and be prepared for un-expected delays.
  • If you need to use fog lights, remember to switch them off when visibility improves so you don’t dazzle other drivers or obscure your brake lights.
  • Keep a winter emergency kit including high visibility clothing and warm coat/ blanket, food and drinks in case of breakdown. Don’t forget to add jump leads and a warning triangle in the event of a breakdown.

How Bernadette Mulholland Solicitors can help you if you are involved in a road traffic accident

If you have been involved in a road traffic accident, we can help you recover the compensation you are entitled to, including compensation for injuries caused by the accident. Whiplash, head and spinal injures are common injuries sustained in road traffic accidents. To speak to a member of our team, please call us on 028 7963 2030 or email info@bernadettemulholland.com.

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Road Traffic Accident Compensation Frequently Asked Questions https://www.bernadettemulholland.com/road-traffic-accident-compensation-frequently-asked-questions/?utm_source=rss&utm_medium=rss&utm_campaign=road-traffic-accident-compensation-frequently-asked-questions https://www.bernadettemulholland.com/road-traffic-accident-compensation-frequently-asked-questions/#respond Mon, 08 Aug 2022 09:37:20 +0000 https://www.bernadettemulholland.com/?p=383 Can I claim compensation if the road accident was caused by an uninsured driver? Yes you can. If you were involved in a road traffic accident and sustained injury caused by an uninsured driver, you ...

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Can I claim compensation if the road accident was caused by an uninsured driver?

Yes you can. If you were involved in a road traffic accident and sustained injury caused by an uninsured driver, you can claim for compensation for personal injury and loss. The claim would be submitted to the Motor Insurers Bureau which covers claims for victims of uninsured drivers.

My own insurance company said they would appoint a solicitor to represent me. Can I use my own solicitor?

Yes you are free to choose your own solicitor to represent you. Your motor insurance policy may include the coverage of legal expenses should you be involved in an accident. You are not obliged to use the solicitor they appoint.

Following a RTA, record details of losses

Following a road traffic collision, it is important to keep records of financial losses associated with the accident. This can include medical expenses, income lost due to time off work etc. This can be included in your compensation claims and maximise compensation you receive.

Why should I seek my own independent legal advice following a collision?

If you have been involved in a road accident, you may be contacted by solicitors who have received your details by the opponents insurance company. However, it is important to be aware that the insurers and their solicitors are acting in the best interest of the insurance company and not in the best interests of you the injured party. This often results in offers to settle a claim at an amount which is much lower than the amount to which you are entitled. We highly recommend you seek your own independent legal advice and at Bernadette Mulholland Solicitors, we are available to advise you on this and act on your behalf. Contact us on 028 7963 2030 or email us info@bernadettemulholland.com.

 

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Slips, Trips and Fall Accidents in the Workplace https://www.bernadettemulholland.com/slips-trips-and-fall-accidents-in-the-workplace/?utm_source=rss&utm_medium=rss&utm_campaign=slips-trips-and-fall-accidents-in-the-workplace https://www.bernadettemulholland.com/slips-trips-and-fall-accidents-in-the-workplace/#respond Mon, 08 Aug 2022 08:42:57 +0000 https://www.bernadettemulholland.com/?p=378 Slips, trips and fall accidents in the workplace can happen to employees at any time and in any work environment. Slips, trips and falls are some of the most common accidents at work and compensation ...

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Slips, trips and fall accidents in the workplace can happen to employees at any time and in any work environment. Slips, trips and falls are some of the most common accidents at work and compensation for injuries depends upon the seriousness of the injuries plus financial losses including loss of earnings and the impact the injury has had on your life such as requiring medial treatment costs.

The Health & Safety Executive (HSE) reports that tripping and slipping accidents at work are the most common cause of workplace injury. Trip and slip accidents can occur on indoor and outside areas of a workplace which includes areas for access to and from the place of work. This includes external entrance paths or employee car-parks.

Can I claim compensation for slip, trip or fall at work?

Under the Health and Safety at Work Act 1997, your employer has a responsibility and duty of care to ensure your safety in the workplace. An employer owes his employees a duty of care to provide a safe place of work. There are a number of regulations and an approved code of practice that apply to most workplaces. If you have slipped, tripped or fallen in the workplace and your employer is at fault, they have breached their duty of care and you may be entitled to a personal injury compensation claim. We offer a free initial consultation and can advise you further on your case.

Common causes of tripping, slipping or falling accidents in the workplace:

  • Wet floors
  • Spillages and leaks causing floors to become wet or greasy
  • Slipping on food waste
  • Fallen leaves which are wet or starting to decay
  • Uneven workplace floors
  • Trip hazards due to untidy workplaces
  • Electrical cables

Could I lose my job if I make a claim following an accident at work?

No. It is illegal for an employer to dismiss a worker or take any action against you because of an accident at work claim. Be aware that most accident at work claims must be made within 3 years of the date of the injury or within 3 years of your knowledge of this injury.

Contact Our Personal Injury Solicitors

We advise on commencing your personal injury claim as soon as possible. Seeking legal advice can ensure you do not lose your right to claim compensation. To avail of our free initial consultation, please call us on 028 7963 2030 or email us info@bernadettemulholland.com.

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The Legalities of Re-Mortgaging Your Property https://www.bernadettemulholland.com/the-legalities-of-re-mortgaging-your-property/?utm_source=rss&utm_medium=rss&utm_campaign=the-legalities-of-re-mortgaging-your-property https://www.bernadettemulholland.com/the-legalities-of-re-mortgaging-your-property/#respond Tue, 26 Jul 2022 08:52:59 +0000 https://www.bernadettemulholland.com/?p=374 The legalities of re-mortgaging your property.

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There are many reasons why you may be considering re-mortgaging your home and in certain circumstances, it can actually be beneficial such as when you are approaching the end of your fixed rate and wish to find a new mortgage with more favourable rates.

However, whether you are planning on re-mortgaging to reduce your monthly payments, change payment terms or release funds, you will require a solicitor to manage the legal formalities associated with this process. This article provides an insight into why you need to appoint a conveyancing solicitor to manage a re-mortgaging transition.

Why do I need a solicitor to re-mortgage my property?

Lenders will require you to instruct a solicitor to act on their behalf and yours. This also applies to situations where you may be moving from one mortgage deal to another and changing to a new mortgage lender. By instructing a conveyancing solicitor, this ensures all parties are completely informed of the entire re-mortgaging process surrounding the transition and will ensure that contracts are managed accordingly.

A conveyancing solicitor will undertake specific searches as well as obtain legal documents and identify and areas for matters which may impact the property valuation. Properties which are leasehold will require further assistance from a conveyancing solicitor. The process of re-mortaging differs to the buying and selling process and normally requires the completion of the following processes:

  1. ID Checks

Proof of ID will be requested.

  • Existing mortgage 

Provision of redemption statement which will detail the amount outstanding as well as any associated early redemption or exit fees and when these will expire.

  • Leasehold Property

If your property is leasehold, a conveyancing solicitor will check the terms of the lease and term remaining.

  • Property searches 

Your new mortgage lender may want searches conducted on your property. A conveyancing solicitor will undertake this task to ensure there are no issues which may negatively impact the value of your property.

  • Property valuation 

Your new mortgage lender will value your property and provide you with a copy of the valuation within the mortgage offer.

  • Terms of mortgage offer

We will review the terms on your mortgage offer.

  • Deed 

When all parties are satisfied, you can then sign the new mortgage deed.

  • Completion

The day your solicitor receives the funds from your new mortgage, they will use these funds to pay off your existing mortgage.

  • Remaining funds 

If any funds are due back to you, your solicitor will send this balance to you.

  1. Registration of changes with Land Registry.

Your solicitor will receive confirmation that your former mortgage has been paid and will update Land Registry with the re-mortgage details.

If you are considering re-mortgaging your property and require legal advice, please contact our expert conveyancing solicitors. Call us on 028 7963 2030 or email us info@bernadettemulholland.com.

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Power Of Attorney https://www.bernadettemulholland.com/power-of-attorney/?utm_source=rss&utm_medium=rss&utm_campaign=power-of-attorney https://www.bernadettemulholland.com/power-of-attorney/#respond Tue, 21 Jun 2022 11:27:50 +0000 https://www.bernadettemulholland.com/?p=366 In our lives, there may come a time when we are mentally incapable of managing our own affairs, inclusive of finances and property we may own. Should this time come, it is important to ensure ...

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In our lives, there may come a time when we are mentally incapable of managing our own affairs, inclusive of finances and property we may own. Should this time come, it is important to ensure you have a trusted person appointed to do this for you, on your behalf. This can be formally and legally arranged through a Power of Attorney.

What Exactly Is A Power Of Attorney?

A Power of Attorney is a document that legally appoints someone to act on our behalf, should you become unable to manage your own affairs. This document gives someone the authority to take action or make decisions on your behalf.

When Should I Do This?

You can grant the power at any time when you are over 18 years of age and mentally capable of understanding exactly what an Enduring Power of Attorney is and the responsibilities that come with it. You can decide when the Enduring Power of Attorney comes into effect as you can include conditions and restrictions within the document. You do not have to include all your assets in this, you may choose to exclude certain areas, such as the sale of your house.  You can also cancel or change your Enduring Power of Attorney at any time when you are mentally capable. There may also come a time when the attorney you choose may no longer wish to act on your behalf or other circumstances change, therefore impacting you, should this happen, you can appoint a new attorney.

How Does a Power of Attorney Become Effective?

Enduring Powers of Attorney need to be registered with the High Court. However, registration is not required until you reach a point in your life where your attorney believes you are no longer capable of managing your own affairs. Should this happen, your attorney will need to apply to the High Court for registration of this power. The court will notify you and should the court not be satisfied that the attorney is acting in your best interest, they have the authority to cancel the attorney’s power at any time.

Choosing an Enduring Power of Attorney

Being appointed as an attorney is a very responsible role. When considering appointing a person, it is important to consider the following:

  • Choose someone you trust completely as they will be making very important and serious decisions on your behalf
  • Ensure this person is willing to act for you and they are aware of that is involved in this trusted position
  • Consider the age of the person you are choosing as your attorney. Someone of the same age as you may not be the best to act on your behalf as they may eventually have their own health issues and may not be fit to take this role on
  • You can have more than one attorney if you wish.
  • The appointed person must be aware of the scope of their authority and the responsibilities associated with being a Power of Attorney. It is important to be aware of Article 5 of the Enduring Power of Attorney Order (Northern Ireland) 1987.

For further legal advice on Enduring Power of Attorney, please contact us at 028 7963 2030 or email info@bernadettemulholland.com.

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What is a Medical Negligence Claim? https://www.bernadettemulholland.com/what-is-a-medical-negligence-claim/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-a-medical-negligence-claim https://www.bernadettemulholland.com/what-is-a-medical-negligence-claim/#respond Tue, 07 Jun 2022 10:41:29 +0000 https://www.bernadettemulholland.com/?p=359 Medical negligence occurs when a medical professional is in breach of the legal duty of care they owe to a patient. Medical negligence can happen in several ways including: Incorrect treatment administered Misdiagnoses or delayed ...

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Medical negligence occurs when a medical professional is in breach of the legal duty of care they owe to a patient. Medical negligence can happen in several ways including:

  • Incorrect treatment administered
  • Misdiagnoses or delayed diagnosis
  • Surgical errors
  • Substandard care

Unfortunately for some patients, the outcome of medical negligence can be life-changing as you may be unintentionally injured as a result of the negligence or your health may worsen due to negligence.

Where can Medical Negligence occur?

Healthcare professionals have a duty to care for you and treat you in a way which is of accepted medical standard. Medical professionals can include GP’s, doctors, nurses, dentists, midwives, hospital staff and all other healthcare professions. Unfortunately, errors can happen in any healthcare setting and at any time.

How Much Compensation Could I Be Entitled To?

Medical negligence cases can be complex and the value of compensation for medical negligence you may be entitled to very much depends on the circumstances of the case. This includes the extent of your injuries, the impact the negligence has had on you and your family and how it has affected daily life and ability to undertake and enjoy activities. The claim will also take into consideration expenses or losses incurred as a result of the negligence as well as future treatment costs and other associated expenses.

If you have suffered due to medical negligence, it is always best to avoid delay and seek legal advice as soon as possible. It is also important to keep any documentation that is relevant to your treatment and retain documents that show your financial losses such as invoices, wage slips or accounts. We also advise clients to keep a note of any difficulties that the injury causes as well as dates and information on discussions with your medical practitioner concerning the issues. 

Seeking Legal Advice For Medical Negligence

We have secured compensation for victims of medical negligence and we are here to support you through this difficult time and ensure you receive the compensation you deserve. Our compassionate team will guide you every step of the way. To speak to a member of our legal team about a medical negligence case, please contact us at 028 7963 2030 or email info@bernadettemulholland.com.

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Understanding Tenancy Agreements https://www.bernadettemulholland.com/understanding-tenancy-agreements/?utm_source=rss&utm_medium=rss&utm_campaign=understanding-tenancy-agreements https://www.bernadettemulholland.com/understanding-tenancy-agreements/#respond Fri, 27 May 2022 12:12:22 +0000 https://www.bernadettemulholland.com/?p=355 A tenancy agreement is a contract that a landlord and tenant sign when tenants rent a residential or commercial property. The agreement outlines the terms and conditions of tenancy, including the rights and obligations of ...

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A tenancy agreement is a contract that a landlord and tenant sign when tenants rent a residential or commercial property. The agreement outlines the terms and conditions of tenancy, including the rights and obligations of the landlord and tenants.

Tenancy agreements are legally binding contracts, and you must have one in place even if you plan to rent your property to a friend or a family member. This will provide you with legal protection in the event of disputes.

You can use the tenancy agreement for residential properties such as apartments, houses, townhouses and offices.

What a Tenancy Agreement Should Include

Although some tenant agreements detail more, a standard tenancy agreement should include basic information. A typical tenancy agreement generally includes:

  • Contact details of the tenant
  • Contact details of the landlord
  • Type of tenancy
  • Length of the tenancy term
  • Details of the property, including address, square footage, and amenities
  • Rent details include the amount due, payment frequency, late fees, and schedule
  • Any other additional information such as security deposit details
  • Parties obligations
  • Rental rights

Most standard tenancy agreements also include information about:

  • Options to renew the tenancy
  • Methods available to solve disputes, like mediation or arbitration
  • If there is an option to buy the property (rent-to-own)
  • Any signing concessions given to the tenants are used to entice a potential tenant to rent. This includes:
  • Reduced rental fee for the entire period of the tenancy.
  • Property improvements such as new appliances or new flooring
  • Free rent for a given period, such as one free month of rent

A comprehensive tenancy agreement provides more options and legal protection than a standard tenancy agreement.

A comprehensive tenancy agreement may specify:

  • A guarantor- refers to a third party who offers to clear the tenant’s financial deficits if a tenant fails to pay their rent.
  • Whether the apartment is furnished and possibly the description of the furnishings
  • A property manager who represents the landlord
  • Whether the tenant can run a home business on rented premises or not

After signing the tenancy agreement, both landlord and tenant should keep a copy of the signed document.

Speak To Our Team

Creating a comprehensive and effective tenancy agreement is essential as it protects parties involved throughout the tenancy period.

Moreover, since there are numerous complexities involved in determining the valid tenancy agreement for your case, it’s critical to consult with a knowledgeable rental agreement solicitor who can guide you through creating a contract that provides adequate protection. 

To speak to a member of our legal team, please contact us at 028 7963 2030 or email info@bernadettemulholland.com.

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Child Access Cases and the Law https://www.bernadettemulholland.com/child-access-cases-and-the-law/?utm_source=rss&utm_medium=rss&utm_campaign=child-access-cases-and-the-law https://www.bernadettemulholland.com/child-access-cases-and-the-law/#respond Mon, 09 May 2022 09:52:22 +0000 https://www.bernadettemulholland.com/?p=351 Divorce or separation presents a traumatic, emotional and challenging time for families, particularly when young children are involved. Unfortunately when parents separate, this is when disagreements generally occur over the on-going care and welfare of ...

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Divorce or separation presents a traumatic, emotional and challenging time for families, particularly when young children are involved. Unfortunately when parents separate, this is when disagreements generally occur over the on-going care and welfare of their children and sadly, failure to reach amicable agreements can result in cases being settled by a High Court Judge. 

Separated Parents

When separated parents fail to reach an agreement with each other about future arrangements for their children, there are a number of services which can be helpful for opening up communication channels and resolving issues without the need to take the case to court. Each family case is different and the progress and overall outcome very much depends on unique circumstances.

As an experienced family law firm, we advise parents going through a family breakdown to attend family meditation and therapy services to try to resolve paternal responsibility in the best interest of the child, as an alternative to going to court. As a family law firm, we can assist you with this process as we attempt to resolve issues constructively in the best interest of the children without going through the court procedure, thereby attempting to limit the trauma associated with the family separation.

There are a number of agencies in Northern Ireland that can assist with the amicable resolution of disputes between parents. Not all cases go to court and this is where a solicitor can assist you in the application of orders such as contact orders, parental responsibility orders and residence orders.

What happens when a case is referred to court?

When parents cannot reach a voluntary agreement on the future care of their child and all associated matters, the court will make arrangements for the child. These arrangements will include deciding where the child will live, when they will see the parent they do not live with and how long this visit will last as well as other matters relating to the care of a child. Although the child will not attend the court, the judge often requests the opinion of professionals concerning what is in the best interest of the child. Practical arrangements will also be considered such as location of both parents, travel arrangements and working hours etc.

Cases regarding access to children are argued on what the best interests of the child are rather than what the parents consider to be right. In Northern Ireland, child arrangement cases are heard at three courts with most cases commencing at the Family Proceedings Court:

  1. Family Proceedings Court

This is where all child access cases begin and are heard by a District Judge at a Magistrates’ Courts.

  • County Court

Complex child access cases are transferred to the County Court or Family Care Centre where cases are heard by a County Court Judge.

  • High Court Family Division

The most complex of child access cases are transferred to the High Court where cases are heard by a High Court Judge.

Contact Bernadette Mulholland Solicitors

At Bernadette Mulholland Solicitors, we understand that this is a highly sensitive time as you deal with many difficult issues. We are here to help you deal with disputes involving your children and ensure you get the right outcome for you and your children. We are experienced at dealing with complex and challenging cases and we are available to speak to you in confidence. Please contact us on 028 7963 2030 or email info@bernadettemulholland.com.

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