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THE SPLIT – A SPECIALIST FAMILY LAWYER’S REVIEW OF SERIES 2, EPISODE 5

In the penultimate episode of The Split, the cat has been let out of the bag: Fi and Richie’s sex tape has been leaked! The timing couldn’t be worse as they prepare to attend the first court hearing in relation to Richie’s application for a child arrangements order.

Richie’s solicitor is of the view that the footage jeopardises Fi’s case because it shows her taking “loads of drugs”, but just how would the leaked sex tape impact on Fi’s case in real life?

When the Court comes to determine Richie’s application for a child arrangements order, the welfare of the children will be its paramount consideration. Richie’s solicitor is right when she tells Hannah that Fi’s alleged drug use would be taken into consideration by the Court. In cases where issues of substance abuse are raised, the Court will be concerned to ensure that the parents are able to meet the children’s physical and emotional welfare needs.

In cases where issues of substance abuse are raised, it is relatively common for the parent raising the allegation against the other to make an application for liver function or hair strand testing, where there are grounds to make an application using Part 25 of the Family Procedure Rules. This is an option Richie could explore with his solicitor in advance of the first court hearing.

As embarrassing and humiliating as the leaked sex tape must be for Fi, if I were acting for her then I would advise her to be as open and honest with me as to the extent of her and Richie’s drug usage, both past and present, so that I could establish a full picture of her circumstances. This makes it possible to advise fully of the potential implications and strategic steps to take going forward.

If you have been affected by any of the issues raised in this blog or in any episodes of The Split, it is important to find out where you stand from a legal perspective and what your options are. Our team of family law specialist solicitors are here to help. Please contact us.

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