Protecting Your Fundamental Rights in Family Law

Human Rights in Family Law Solicitors

When you feel that the family court process is unjust, your fundamental human rights may be at stake. Our expert family law solicitors are specialists in applying the Human Rights Act to protect your right to a fair hearing and your right to a family life.

How the Human Rights Act Protects You

The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law. In family cases, two articles are particularly powerful tools that our solicitors can use to protect your interests and ensure a just outcome.

Article 6: The Right to a Fair Hearing

This ensures that the process used to decide your case is fair and just. We can use Article 6 to argue against:

Unreasonable delays in the court process.
A failure to consider crucial evidence.
A lack of opportunity for you to present your case properly.
Any situation where you have not been treated equally to the other party by the court.

Article 8: The Right to Private and Family Life

This protects you from disproportionate interference in your family life by a public body, such as the court or a Local Authority.

It upholds a child's right to a relationship with their parents and family.
It ensures decisions about your children are made fairly and with proper evidence.
It can be used to challenge the actions of social services in care proceedings.

Protect Your Fundamental Rights

A Wildlings family solicitor providing strategic advice on a human rights argument in family court

Upholding the Principles of Justice

Our family law team is committed to ensuring a fair process for every client. We have the expertise to identify when a human rights argument can and should be made, and the advocacy skills to present these complex arguments powerfully in court. We ensure every legal avenue is explored to protect you and your family.

In-Depth Legal Knowledge: We are experts in the application of the Human Rights Act 1998 in family law.
Strategic Case Building: We know how to weave human rights principles into your case to build the strongest argument.
Fearless Advocacy: We are not afraid to challenge decisions and fight for a just and fair outcome on your behalf.

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Questions About Human Rights in Family Law

When are human rights relevant in a family case?

Human rights arguments are relevant when you believe a decision made by a public body (like the court or a Local Authority) is unfair, disproportionate, or has not followed a proper process. They are a powerful tool to ensure the principles of justice are upheld in your case.

Can a human rights argument guarantee I will win my case?

No, there are no guarantees in litigation. Human rights are not a 'trump card', but a fundamental legal principle. The court must balance the rights of all individuals involved, with the child's welfare being the paramount consideration. However, a well-made human rights argument can be extremely persuasive.

Can I appeal a decision on human rights grounds?

Yes. If a final decision has been made in your case and you believe your rights under the European Convention on Human Rights have been breached by the court, this can form the basis of an application to appeal the decision to a higher court.

Ensure Your Fundamental Rights are Protected

If you feel you are facing an injustice in the family courts, you need an expert legal team on your side. Contact our specialist solicitors for a confidential consultation about your case.

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