If you have recently separated or divorced, then issues relating to your children may be some of the most difficult to deal with. While it is encouraged by both parties to, where possible, come to an agreement regarding their children between themselves, this does not always happen.
Even if you do manage to establish a working relationship with your ex-partner, when it comes to your children it’s advisable that you formalise some of your agreements.
Speaking to child law solicitors in London will mean you’ll be able to receive impartial child law advice. Here, they’ll be able to guide you through all the options available to you and try and reduce anxiety for you during this stressful time.
Court orders for children
There are different types of court orders regarding children. Child law solicitors will be able to find the best option for you, as well as being able to advise you on the potential implications of making an application to the court.
Child Arrangements Orders
One of the main types of a court order is a Child Arrangement Order. The purpose of this order is to confirm whom the child will spend time with and the frequency of this contact.
The court has the ability to decide that a child lives with multiple persons under a shared Child Arrangement Order. The court can also determine how the child will spend time with the relevant person. For instance, if the contact with the child needs additional support either directly or indirectly.
Prohibited Steps Orders
A Prohibited Steps Order is an order issued by the court which prohibits one party from exercising some elements of their parental responsibility without consent.
There are many possible reasons to file a Prohibited Steps Order application but some of the most common are:
- To the change of surname of a child
- In connection with the medical treatment of a child
- Preventing the other parent from going abroad or moving away from the area with the child
Child Maintenance Applications
Child maintenance is financial support that helps towards a child’s living costs. Payment is made by the absent parent to the parent or guardian, with whom the children primarily live with.
In family law, child maintenance is not arranged as part of a divorce. However, the court will want to be assured that arrangements regarding where the child will live and arrangements for continued parental involvement have been made.
Relocation of Children
While there may be a lot of good reasons behind wishing to relocate with your child, the decision to move may make it harder for the other parent. The ability to move away with your child is determined by a number of factors such as who shares parental responsibility and whether or not you’d need approval from your ex-partner.
In worst cases, an ex-partner could try and block your decision to relocate with your child so it’s a good idea to speak to a child law solicitor. A lawyer would be able to advise you on your legal rights and obligations.
Child Abduction
Child abduction occurs when a person who is connected to a child takes them away from their country of habitual residence. And they do so without the permission of either those with parental responsibility or the courts. This most commonly happens following a divorce and is carried out by the parent who has not been awarded custody of the child.
Under the Child Abduction Act of 1984, it is a criminal offence for anyone connected with a child to take them out of the UK for more than 28 days without the consent of the person who has parental responsibility or a consenting order from the courts.
A child law solicitor will be able to provide legal advice and representation if this unfortunate incident were to occur.
Special Guardianship
Special Guardianship is an order made by the family court that places a child young to live with someone other than their parent(s) on a long-term basis. The person or family with whom a child is placed will become the child’s special guardian.
The Adoption and Children Act of 2002 introduced special guardianship and Special Guardianship Orders. The effect of a Special Guardianship Order is to:
- Grant Parental Responsibility to the special guardian(s)
- Continue links with the child’s birth parent(s)
- Secure the child’s long-term placement
A child law solicitor will be able to provide legal advice and information on Special Guardianship Orders.
Parenting Plans
A parenting plan tends to be a voluntary, written agreement between parents. The plan covers practical issues in relation to the child such as living costs, education, and healthcare.
While a parenting plan is not automatically legally binding, there is the option to formalise the agreement through a Consent Order. This can be done with the help of a child law solicitor.
When to speak to a child law solicitor
Getting a divorce is no easy process, and issues relating to your children can sometimes be some of the most difficult and contentious. While it is encouraged for both parties to come to a working agreement, this is not always possible.
Speaking to child law solicitors will mean you’ll be able to receive impartial legal advice. As well as guiding you through the different options available to you at this difficult time.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a family lawyer/solicitor if you’re seeking advice on child law. We are not liable for risks or issues associated with using or acting upon the information on this site.
Photo by Hunters Race from Unsplash.
