Whatever the area of law where you need help, you will find a committed Duncan Lewis lawyer to guide you through. With 17 departments and 400 staff sharing 65 nationalities, we have the specialist expertise to ensure you get the best possible legal advice.

1. 400 staff, 17 departments, 9 Legal Services Commission Family & Child Care Law
franchises: we have the expertise you need.
Whatever the area of law where you need help, you will find a committed Duncan Lewis
lawyer to guide you through. With 17 departments and 400 staff sharing 65 nationalities,
we have the specialist expertise to ensure you get the best possible legal advice.
A Legal 500 Firm
Child Care Law
When legal decisions influence
Our Solicitors specialise in dealing with Local Authority applications to remove children; Discharge of Care Orders; Child Protection Conferences;
Emergency Protection; Secure Accommodation and Child Protection (Police and Social Services); Adoption; Guardianship & Surrogacy and all
child – related matters.
Family & Divorce
We advise on all aspects of family law. We are specialists in preparing pre-nuptial agreements. We advise on straight forward divorce and civil
dissolution matters (including for “same sex marriages”) – as well as the most complex cases of ancillary relief involving disputes of property and other
the lives of your family,
assets. We assist with Mediation and frequently advise on cases which have an international element, including obtaining forced marriage protection
orders.
Community Care Mental Health
you want the best.
The team ensures that adults, children and carers have access to Our specialist department assists those suffering from mental health
community care services from Local and Health Authorities, including problems who are being compulsorily detained under the Mental Health
housing and financial support under community care legislation. Act 1983. We also help the family and loved ones of those affected.
Conveyancing Personal Injury
We use the most up to date technology to deliver an efficient and cost
If you have been injured in any kind of accident in the street, in your
effective service.
car or at work, we have expert solicitors who can pursue a claim for
Crime compensation on your behalf, on a “no win, no fee” basis.
Our Crime Department are on call 24 hours a day, 7 days a week,
365 days a year on 07957 331436 or 07956 374988.
Prison Law
Prison Law looks after the rights of prisoners. Here at Duncan Lewis
Debt & Insolvency we appreciate the emotional distress caused to you and your family
during such time.
We can assist in all debt, bankruptcy and liquidation matters.
Employment Public Law
The decisions of public bodies, where there is no other right of appeal,
We act for both employers and employees in connection with all aspects
can be challenged by judicial review. We have experience in all aspects
of the employment relationship, including drafting employment contracts
of judicial review in County and High Courts, the Court of Appeal, and
as well as procedure manuals. We also represent clients in Employment
the Supreme Court.
Tribunal claims relating to dismissals and discrimination claims.
Housing Welfare Benefits
We are able to assess those who are unsure if they are receiving the
Specialising in homelessness, disrepair, attending courts for Possession
correct benefits or are having problems getting the benefits to which
Proceedings, harassment, housing benefit issues and much more.
they are entitled.
Immigration & Managed Migration
Our extensive knowledge and vast experience in general immigration, Wills and Probate
business immigration and asylum law is second to none. We specialise in the drafting of Wills to help you make proper provision
for your loved ones in the event of your death. We also act to obtain
Litigation “Probate” to help you carry out the wishes of someone you have lost.
Our expert litigation lawyers can act for you in connection with all types
of legal dispute.
You can find more information about our Family & Child Care team and the services they Legal Aid Specialists
provide, by contacting us directly on our telephone number 020 7923 4020 or by visiting
our website at www.duncanlewis.com www.duncanlewis.com
Email: contact@duncanlewis.com
24hr Emergency
Crime: 07920 077057
Domestic Violence: 07920 077054
Also in Birmingham, Islington, Romford, Slough, Southall, Watford and London (EC2). Mental Health Helpline: 0203 114 1124
A Legal 500 Firm

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Family & Divorce, Ancillary
Child Care & Mediation
Going through a divorce or separation, We have a dedicated team of over 40 • Financial matters ancillary to the Divorce Mediation
or dealing with an issue involving trained practitioners who are able to divorce civil dissolution or separation Family mediation is an avenue of resolving
children is one of the most stressful The issues arising out of a breakdown
provide expert professional advice and (the division of assets and income) adequate provision is made for all parties, family disputes without resorting to court.
and emotional periods in a person's assistance for all types of family matters. including taking into account the needs Mediation is a process which involves an
• Forced marriage protection orders resolve. We adopt a constructive and
life and it is at times like this when you impartial third person assisting those involved
All of our Directors are either advanced • International Child Abduction
can rely on the Duncan Lewis Family & non-confrontational way of assisting you. in family breakdown to communicate better
members of the Law Society Family Law themselves maybe complicated to
Child Care department. • International Family Law with one another. It assists the parties to reach
Panel and/or members of Resolution and divide – such as in the case of pensions,
We are able to explain all procedures their own solutions and make informed decisions
Children Panel members, which means that • Pre-Nuptial Agreements & Separation property owned outside of the UK and
involved in Divorce, Judicial Separation, about some or all of the issues relating to or
The approach that our Family/Child Care they are recognised as being specialists in or Cohabitation Agreements Offshore trusts. We can also advise on arising from the separation or divorce including
Nullity proceedings and civil partnerships
team adopt is both empathetic and non- Family and Child Care Law. The majority of • Private Children Disputes (such as the division of the family home and other children, finance or property irrespective of their
in plain English so that you are aware of
judgmental. We are simply there to guide our senior solicitors are also Panel Members contact arrangements and residence) assets for unmarried couples. relationship - whether they are married, in a civil
every step and we are always at hand to
you through the legal process in order to and some also have Advanced Panel partnership, living together, separated a long
• Public Law (applications involving Local answer your queries.
achieve the best possible resolution for Membership. We currently have a large We will be able to give you a framework time ago or have never lived together.
Authorities such as Care Orders and
your particular circumstances. Due to team of Children Panel Members, including which the court would apply to your
Solicitor Advocates. Emergency Protection Orders) We will explain the best options available Our team of Mediators at Duncan Lewis assist
our multi-cultural team we are able to
• Special Guardianship to ensure that your Petition proceeds and parties to reach early settlement with any family
understand and accommodate the socio- to ensure you obtain a fair entitlement of
We are committed to building long term dispute that may arise. Whilst mediation can
cultural issues that often accompany the • Surrogacy the assets.
enables you to deal with other issues that be explored at any time, we at Duncan Lewis
breakdown of a relationship. As we have a relationships with private, public and
arise through Divorce and Separation such encourage reducing conflict at a time when the
culturally diverse client base, we frequently charitable organisations in the family Our teams are supported by IT systems Pre-Nuptial Agreements family dynamics are very distressing. This not
handle cases that involve international child care arena in order to deliver the which are designed to facilitate the best only impacts the parties, but those closest to
best quality legal service to our clients. possible communication between you Although pre-nuptial agreements are
elements of Family and Child Care Law. them i.e children, grand parents and family
We listen to our clients’ needs, carefully and our team. Direct email, which many not technically enforceable there is an
Ancillary Relief members, which is why our team of mediators
exploring all the issues surrounding their of our team can access when out of the increasing amount of case law that shows assist the parties in reaching decisions that are
case, and then provide them with effective that the court will take pre-nuptial acceptable to them both. Throughout the
and realistic advice. ensure that you have access to expert from divorce, civil dissolution or separation agreements into account when dividing Mediation process the parties may continue
legal advice when you need it. Our teams can be both complicated and frustrating. matrimonial assets in the event of a to obtain legal advice should they wish.
The areas that we specialise in include support each other in order to ensure We will advise you of your legal options divorce particularly where the marriage has
with sensitivity and understanding. All of only been of a short duration and where Our team of Mediators are able to quickly
the following: that we take best advantage of having
our clients are represented by solicitors there are no children involved. assist you to resolve:
• Adoption one of the largest Family and Child Care • decisions about separation or divorce
departments in London. We always • housing and property arrangements
• Divorce / Judicial Separation / Nullity / property matters of all levels of complexity. We are experts in drafting agreements
have trained experts on hand to deal • arrangements for care of children and contact
Civil Dissolution Our team have expertise in all areas of which help you to protect assets acquired arrangements
a • Domestic Violence and Emergency
with the most urgent matters – without
compromising the ongoing client care to Ancillary relief following Divorce, Civil prior to the marriage, particularly where the • financial support following the breakdown of
Applications to the Court for our existing clients. Dissolution or Judicial Separation such as: marriage has only been of a short duration your marriage or civil partnership
Injunction Orders • Adjustment of Property Ownership and where there are no children involved.
From April 2011 the Court requires the parties
• Freezing of Assets
to attend a Mediation Information Assessment
• International Assets Meeting (MIAM). The purpose of this meeting
• Maintenance (Including Fees Order is to establish whether there is scope to resolve
applications) matters without Court intervention and/or
You can find more information whether any other alternative dispute
• Pensions about our Family & Child Care resolution is available to the parties.
• Pre-Nuptial Agreements team and the services they
provide, as well as all other areas Once an agreement has been reached, this
• Property disputes between Unmarried
You can find more information about our Family & of law that Duncan Lewis can shall be recorded by the mediator and
Couples
incorporated into a written document. If the
Child Care team and the services they provide, as help advise you on, by contacting
• Separation Agreements parties wish, they can formalise the agreement
well as all other areas of law that Duncan Lewis can us directly on our telephone through their Solicitors. Public Funding (aka
help advise you on, by contacting us directly on our number 020 7923 4020 or by Legal aid) may be available for mediation, and
telephone number 020 7923 4020 or by visiting our visiting our website at if you qualify the whole process can be without
website at www.duncanlewis.com www.duncanlewis.com any cost to the parties involved. Require Assistance?
email: familymediation@duncanlewis.com

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Domestic Violence Child Care –
& Children Public Law
Domestic Violence Forced Marriage Protection Orders • Deciding which parent the child should Child Care relates to cases where the including removal from its carer. We have We also specialise in acting for children,
live with (Residence) Local Authority is involved due to concerns the experience to provide advice and parents and family members in other
We assist victims of domestic violence We are able to provide specialist advice to disputes i.e. where parents have separated
• about the care of a child. In some cases support with care and sensitivity and
without delay. We are able to explain the assist in seeking remedy where a forced and there are problems in facilitating
the child/children this may result in a child’s name being we have vast experience of dealing with
remedies available to protect you and marriage is due to take place or has contact or a dispute over where the child
placed on the child protection register, families from different cultures or special
your children. Non-Molestation Injunction taken place without full and free consent • should reside. We have the expertise to
which usually arises when social services needs.
Orders can be obtained in order to protect of parties. Our specialist team are able a child’s upbringing, such as choice or represent the child separately, if required
enquiries conclude that a child is at a
you and your children from deliberate to obtain emergency orders to protect. change of religion, school or surname through their Children’s Guardian (called
continuing risk of suffering or is likely to We have experience with dealing with
conduct. These can restrain conduct Many of our team are conversant with Guardian ad Litem). The court recognises
the police and Local Authority, when
including repeated threats of violence, various cultures and backgrounds and We appreciate the importance to the client the importance of a child’s relationship
professional (such as a GP) may initiate they exercise their protective powers,
intimidation, aggressive behaviour, fully understand the necessity of obtaining of resolving children matters and ensure with their absent parent and the child’s
a conference but the social services including emergency protection orders,
harassment, verbal abuse and controlling appropriate orders. that the best interests of the children wishes and feelings, especially during
department are responsible for providing care and supervision orders, and secure
behaviour as well as physical violence. are paramount. their formative years. Sometimes this
a written report. The process includes accommodation orders. We assist
Children process may involve another expert, such
drawing up an inter-agency child parents, family members, the child and
We are able to make applications on an We act for mothers, fathers, step as psychiatrists and psychologists to
Following the breakdown of a relationship protection plan and how this can be Court Appointed Children’s Guardians in
emergency basis and are able to obtain parents, grandparents and other
it may be necessary to resolve a number implemented. putting their cases forward.
Orders without notice to the other side. members of the family. solutions to move matters forward.
of issues relating to any child of the family.
The Family Law Act 1996 is designed to
Such issues may include: We represent parents and assist them to We act for parents, family members and
ensure that victims are protected and we
express their views and participate in the children in applications for adoption,
are able to do so by offering same day • A parent’s application to remove a child
conference and speak on their behalf placement orders, discharge of care
appointments and if necessary we can permanently from the jurisdiction of
subject to the chair’s permission. We are orders and secure accommodation
attend Court at short notice. If you do not England and Wales
there to support parents and provide them orders.
meet the criteria to obtain protection • An unmarried father wishing to obtain with advice and empower them during
under the Family Law Act 1996, the parental responsibility We can also assist parents whose
Protection from Harassment Act 1997,
• Arrangements for contact between the children are in voluntary care or who
may be able to assist, particularly in cases
child and the non resident parent Child Protection Conferences can be have been served with notice of intention
of “stalking”.
• International Child Abduction - dealing a daunting experience for any parent, to commence care proceedings by the
with a threat by one parent to abduct as they are faced with a number of Local Authority.
Orders can also be obtained to regulate
a child from the other parent’s professionals who are discussing what
the occupation of any home that the care or threat of removal from the decisions should be made about their We have experienced staff who will
parties have occupied. These orders can jurisdiction of England and Wales
children. Emergency situations arise that support and advise clients through
prohibit, exclude, suspend and restrict one
may lead to the Local Authority putting
party’s rights in relation to the family home.
in place protective measures for a child, accredited Law Society Panel Members.
We aim to provide the highest possible
level of emergency advice and
representation. Where appropriate we
will explore other options to assist.
You can find more information about our Family & You can find more information about our Family &
Child Care team and the services they provide, as Child Care team and the services they provide, as
well as all other areas of law that Duncan Lewis can well as all other areas of law that Duncan Lewis can
help advise you on, by contacting us directly on our help advise you on, by contacting us directly on our
telephone number 020 7923 4020 or by visiting our telephone number 020 7923 4020 or by visiting our
website at www.duncanlewis.com website at www.duncanlewis.com

4. |5 6|
Child Care Reported Cases
Adoption Other areas of Child Care R v Local Authority and Others Re: D (Children) [2011] EWCA Civ 1743 the judge’s discretion was exercised in part
[2011} EWCA Civ 1451 on a wrong basis. The appeal was allowed
Adoption is the alternative for children who We are able to provide specialist advice in Duncan Lewis represented a 4 month baby and an interim care order was made with
In relation to a child, subject to care that had been presented to hospital with
are unable to live with their parents. We are relation to the following: the contact for the father and the mother
proceedings, a Supervision Order was bruising to the side of her face. Further
able to provide expert advice to adoptive • Contact with a Child in Care granted to the local authority and a continuing at the same level.
examinations revealed a brain injury non-
parents and the birth parents who are Residence Order to the mother. The father
• Child Abduction accidental in nature; a skeletal survey S (A Child), Re [2011] EWCA Civ 812
considering adoption. We are further able had sought unsupervised contact. A risk showed that there were also old healed
• Discharge of Care Orders (15 July 2011)
to assist step parents and able to provide assessment concluded that he remained a rib fractures. The baby with her 4 year old
advice as to the step parents rights to • Guardianship risk to children and should only have sister were placed in foster care voluntarily. This is an appeal (for which permission
integrate the child into their new family. supervised contact with the child. The father The local authority applied for the interim was given on paper by Ward LJ on 10
• Placement Orders
sought a second expert’s opinion. His care orders, which were not opposed for May 2011) against an order made by Her
• Special Guardianship Orders application was refused and he was granted Honour Judge Judith Hughes QC on 21
We are further able to advise in relation the baby but were for the older child. The
• Surrogacy supervised contact. He unsuccessfully parents submitted that if the bail conditions March 2011 refusing an application by the
to international adoption, in particular to appellant for a residential parenting assess-
appealed the decision to refuse his application changed, their proposal was that the mother
families who are wishing to adopt from • Wardship ment pursuant to section 38(6) of the
for a second expert’s opinion in the Family would live in the family home and care for
outside the United Kingdom, or families Proceedings Court and again from the Family Children Act 1989 (the Act). Key case that
the baby there with the father agreeing not
from abroad who wish to adopt from the Contact our specialist team for expert Proceedings Court to HHJ Hughes QC. He to return until after the fact-finding hearing. raises a number of important issues for
United Kingdom. advice. We provide advocacy at all levels therefore appealed to the Court of Appeal. practising family lawyers and for judges.
of Court to ensure a consistent and The judge in the first instance, following the
We work closely with adoption agencies professional service. The basis of the appeal was that the trial judge parents’ plan, made an interim supervision Re Z (Unsupervised Contact:
and local authorities in relation to all and the first appeal court should have allowed order to the elder child. The local authority, Allegations of Domestic Violence)
the application for a second expert and failure supported by the Guardian sought to [2009] EWCA CIV 430
aspects of Adoption in or outside the
to do so amounted to an error of law; appeal against the refusal of an interim care This was an appeal by the mother against
United Kingdom. reported, a small selection are set out at invalidated the exercise of judicial discretion order. They submitted that the judge gave
the back of this brochure. an order for unsupervised contact by
and thereby limited the father’s contact to the wrong weight to the factors that needed
International Child Abduction the father for the two youngest children.
take place on a supervised basis only. to be considered in determining what order
We have a specialist team that deals with to make and that her decision involved
S.55 (1) of the Access to Justice Act 1999 differentiating between the parents without
International Child Abduction and has direct contact despite mothers allegations
was satisfied by virtue of the fact that the any sound basis on which to do so.
experience acting in child abduction
appeal raised questions of, the correct of domestic violence. We sucessfully
cases under Hague and non Hague
approach to be taken by the court on an The Court of Appeal had to consider challenged the decision and the Court
proceedings. Duncan lewis is a member application for a second expert’s report on whether the judge exercised her discretion of Appeal overturned the order for direct
of the Lord Chancellor’s Child Abduction what is asserted to be a key issue in the case; appropriately on the facts of this case. contact and emphasised the importance of
and Contact Panel and has the experience the time at which an application for a second Part of that exercise was to consider that
to assist in all cases where there is a risk expert is considered; the approach in having to live away from a parent also
of child abduction or where abduction or considering the application and the distinction inevitably carries a risk of harm to the child,
between the way the issue is determined Care: Re X and Y; Islington
removal has taken place. albeit emotional harm. Unfortunately the
by the civil and family courts. London Borough Council v Z
judge differentiated between the parents,
(2007) EWHC 1862
viewing one of the parents as more of a
Appeal dismissed. Held: that it was apparent potential risk to the elder child, than the This was the case in which the Local
that the judge at first instance had made other parent. This was integral to her Authority had sought to become involved in
findings of fact based upon the evidence decision as in the penultimate sentence of a family, notwithstanding the fact that
before the court; that the trial judge at first her judgment where she says that she there was no available evidence to support
instance had appropriately exercised his makes the interim supervision order “on the view that the child of the family had
discretion and that judges in family the basis that the mother has agreed that suffered a non-accidental injury.
proceedings decide each application for a she will be living separate from the father Although the Local Authority placed an
second opinion on the merits by reference and we need to make sure that is recorded
to the Overriding Objective, the Practice order before the Court to indicate that they
You can find more information about our Family & in the order”. She then stated that the father
Direction and the Family Proceedings Rules sought to withdraw from the case with
Child Care team and the services they provide, as should have supervised contact thereby
2010. In each case it is a matter of judgment, not treating him in the same way as the agreement from the parents. Although the
well as all other areas of law that Duncan Lewis can
and the crucial question remains for the judge mother. If he had been treated in the same parents did agree to proceed by this route,
help advise you on, by contacting us directly on our to consider, “do I need this report in order to way, he would have been given unsupervised the court indicated that it would have been
telephone number 020 7923 4020 or by visiting our enable me to deal justly with the case? What contact. Therefore the Court of Appeal
website at www.duncanlewis.com will the additional expert add to the case?” ruled that a significant foundation of the exonerate the parents by that means if they
judge’s order, had gone. It followed that had wished to do so.