CHILDREN - PRIVATE LAW MATTERS
When parents separate there can often be very difficult decisions and issues regarding the future living and contact arrangements for the children of the family. This is addressed under what is known as Private Law Children Act proceedings. We are experienced in dealing with such situations adopting an objective yet supportive approach during this very emotional time.
The Court encourages parents to agree the arrangements for children wherever possible and prior to starting court proceedings we will always consider whether Mediation would be appropriate in your case. However if this is not possible, either parent can make an application to the court for one of the following orders for children:-
Residence Order
A residence order determines with which parent the child lives when there is a dispute about these arrangements. The Court will always consider whether the order is in the child’s best interests and whether an order is necessary at all. We also have experience in applications for shared residence orders and Special Guardianship Orders (see also Public Law).
Contact Order
This sets out the arrangements for contact such as how often and under what terms the non resident parent has contact with the child. We have experience in handling High Conflict Contact Disputes where the non-resident parent has stopped contact for a number of years and/or continually breaches contact orders. This is a very complex area and can involve expert assessments and advice.
Parental responsibility encompasses all the rights and duties which a parent has regarding a child, including the right to decide where the child should go to school, what form of religious up bringing the child should have and what medical treatment the child should have. In practice, it can often mean that schools, doctors, hospitals, social services and other organisations may not deal directly with an unmarried father who is separated from the mother unless the father has parental responsibility. You may not need to get such an order from court if both parents agree with each other. Instead you can ask us to arrange a Parental Responsibility Agreement.
There have been recent changes in the law, giving Parental Responsibility to Fathers whose names are registered on the birth certificate of their children who are born after 1st December 2003.
Where both parents have parental responsibility for a child, permission is required before a child can be removed from the country (unless a Residence Order is in force which automatically allows the parent with whom the child lives to go out of the country for up to one month). We can assist you in making applications to the Court for permission to remove the child from the jurisdiction.
Prohibited Steps Order,
This is an order that prevents a parent doing something, without permission from the court for example, taking the child somewhere, and the other parent does not agree.
Specific Issue Order
This type of order addresses specific issues that are in dispute between the parents with regards to the child’s upbringing for example whether to change their surname, what school the child attends and so on. This order can also be used to ensure your former partner returns your children to you if they have been taken away.
The Court Process
The Court in considering any of the above applications will often refer the parties for CAFCASS Dispute Resolution (CDR) in a final attempt to reach agreement with the assistance of a CAFCASS officer, who is a Child and Family Court Reporter. If agreement is not possible the matter will be referred back to the Judge and there may have to be further CAFCASS assessment by way of either Extended Dispute Resolution (EDR) or a full CAFCASS assessment which can take a number of months. The Child and Family Reporter’s role is to provide an objective and independent opinion to the court about the issues in the case. A final recommendation would be given to the court and a decision would then be made by the Judge at a final hearing after hearing evidence from all the parties involved.
Extended Family Members
We also offer advice to extended family members such as grandparents, aunts and uncles, siblings etc.. who may have a child of the family in their care, or they seek an order regarding a child who lives with it’s parents. Only parents and those with Parental Responsibility have an automatic right to make applications to the Court however we acknowledge and appreciate the growing involvement of extended family members in children’s lives and can offer practical advice in these situations which is becoming increasingly common.
Legal Aid
We hold a Public Funding (Legal Aid) contract which means that we can advise you under the Legal Help Scheme and/or we can obtain full public funding to represent you at court in all of the above family matters. We will always consider your income and assess whether you would be financially eligible for public funding. If you do not qualify we offer fixed fee interviews and competitive rates.
For further information and detailed advice specific to your circumstances then please contact us and make an appointment with a member of our family team on 01462 895444.