Katherine Illsley#2240

Katherine Illsley

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

298

Where a parent who lives in another jurisdiction is to be assessed for the purposes of public children
Where a parent who lives in another jurisdiction is to be assessed for the purposes of public children
Q&A

This Q&A considers the procedure for assessment in public children proceedings of a parent who lives in another jurisdiction.

Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of
Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of
Q&A

This Q&A considers whether a parent in receipt of child maintenance has an obligation to inform the Child Maintenance Service (CMS) in the event that they cease to be the parent with care (PWC) of the child.

Where a party (the first petitioner) has issued a divorce petition and the respondent files both an
Where a party (the first petitioner) has issued a divorce petition and the respondent files both an
Q&A

This Q&A discusses the steps that need to be taken where the first petitioner has issued a divorce petition and in response, the respondent files both an answer and their own petition.

Where a party in divorce and financial proceedings is a co-director of a business with another person
Where a party in divorce and financial proceedings is a co-director of a business with another person
Q&A

This Q&A considers the rules concerning disclosure and illegally obtained evidence within financial remedy proceedings.

Where a party to divorce proceedings has a child from a previous relationship who is not a child of the
Where a party to divorce proceedings has a child from a previous relationship who is not a child of the
Q&A

This Q&A examines the potential impact on housing needs of responsibilities in relation to a child who is not a child of the family.

Where a payer of child maintenance receives a pension lump sum, will that sum be treated as income by the
Where a payer of child maintenance receives a pension lump sum, will that sum be treated as income by the
Q&A

This Q&A considers whether a pension lump sum will be taken into account in relation to the calculation of income for statutory child maintenance.

Where a person has been made subject to a restraining order by the criminal court for the protection of
Where a person has been made subject to a restraining order by the criminal court for the protection of
Q&A

This Q&A considers whether the existence of a restraining order granted by the criminal court places any sort of restriction on the Family Court when considering a non-molestation order application in relation to the same alleged perpetrator and victim.

Where a petition for nullity is issued, does the same procedure under Family Procedure Rules 2010, SI
Where a petition for nullity is issued, does the same procedure under Family Procedure Rules 2010, SI
Q&A

This Q&A considers whether an application for financial provision can be made in relation to a petition for nullity in the case of a void or voidable marriage.

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally
Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally
Q&A

This Q&A considers the service requirements for a non-molestation order made at the return hearing following an order made without notice.

Where a respondent is currently being held in police custody, what is the process for serving a
Where a respondent is currently being held in police custody, what is the process for serving a
Q&A

This Q&A considers how a respondent who is in police custody may be served with a non-molestation order, an application for an occupation order and a notice of hearing.

Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for
Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for
Q&A

This Q&A considers issues concerning parenthood and parental responsibility in cases involving assisted reproduction.

Where a spouse solely owns the former matrimonial home and has an occupation order excluding the other
Where a spouse solely owns the former matrimonial home and has an occupation order excluding the other
Q&A

This Q&A considers whether a spouse who is excluded from the former matrimonial home under the terms of an occupation order may still register matrimonial home rights against the former matrimonial home.

Where a tenant has applied to acquire a new lease of their flat under Part 1, Chapter II of the Leasehold
Where a tenant has applied to acquire a new lease of their flat under Part 1, Chapter II of the Leasehold
Q&A

This Q&A discusses in which situations a landlord can recover the costs of a valuation which was commissioned after, rather than before, the landlord served its counter-notice to a request for a lease extension.

Where a transferor is providing a gifted deposit element of the purchase price to the transferee (who is
Where a transferor is providing a gifted deposit element of the purchase price to the transferee (who is
Q&A

This Q&A considers whether the purchase price in a contract for sale of a property should be entered as the actual purchase price of the property (for example £400,000), or whether it should be entered as the actual purchase price of the property, but less the amount of the deposit given as a gift to the purchaser by the vendor (for example, if the vendor gave £50,000 towards the deposit on a property sold at £400,000, the purchase price would be entered as £350,000).

Where an agreement has been reached regarding contact with a child subject to that parent agreeing to
Where an agreement has been reached regarding contact with a child subject to that parent agreeing to
Q&A

This Q&A considers whether an agreement that contact between a non-resident parent and their child should only take place on condition that the non-resident parent undergoes regular drug and alcohol testing can be contained within a child arrangements order or whether it should be drafted as an undertaking.

Where an application is made to enforce an existing child arrangements order, can the court attach a
Where an application is made to enforce an existing child arrangements order, can the court attach a
Q&A

This Q&A considers the circumstances in which it is appropriate for the court to attach a penal notice to a child arrangements order.

Where an interim child contact arrangements order is in place and one of the parties is verbally abusive
Where an interim child contact arrangements order is in place and one of the parties is verbally abusive
Q&A

This Q&A considers the steps that may be taken by the resident parent in the event that they wish to suspend the contact provided for under an interim child arrangements order after the non-resident parent breaches a non-molestation order by being verbally abusive.

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each
Where an order for spousal maintenance has been made and the payer delays paying the maintenance each
Q&A

This Q&A considers whether an application for the enforcement of an order for spousal maintenance can be sought in the event that the defaulting party pays the maintenance, but typically pays it late.

Where an order has been made in family proceedings requiring a party to pay another party's costs in a
Where an order has been made in family proceedings requiring a party to pay another party's costs in a
Q&A

This Q&A considers how an order for costs made in family proceedings may be enforced.

Where an order is made on a without notice application for a non-molestation order, what is the position
Where an order is made on a without notice application for a non-molestation order, what is the position
Q&A

This Q&A considers the scenario of a without notice non-molestation order being granted by the court, but the respondent having no known address for service of the order.

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

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