Children Matters

When a relationship breaks down it is a difficult time for the children. They have to deal with a number of emotional issues like seeing and hearing their parents argue, one parent possibly moving out of the family home and possibly seeing their home sold and moving to a new location, school and friends. Their whole way of living can change.

At FLS we are aware that these changes can have a considerable effect on children. We ensure that any changes in their lives are as smooth and effortless as possible.

Inevitably parents do sometimes involve their children in the relationship breakdown. In order to protect them there are a number of court orders available which are only enforced by the courts if there is a need to (known as the No-Order principle) and if it is in the child’s best interest. Listed below are the main orders but the list is not exhaustive and further specialist legal advice should be taken:

Residence

Residence orders usually direct that the child live with one particular parent. The non-resident parent will have set contact times. Joint Residence orders can be made if the parents live very close to one another but this is rare. Top

Contact

Contact orders used to be known as “access” orders. They direct that the child will have set contact times with the non- resident parent. The emphasis is on the child’s right to have contact to the non-resident parent, unless there is a persuasive reason as to why there should be no contact. Top

Specific Issues

This type of application is made when both parents are unable to make a joint decision in relation to an important issue of Parental Responsibility in the child’s life i.e. medical, religious, schools etc. The court must then decide what is in the best interests of the child. Top

Prohibited Steps

This application is made when one parent wants to prevent another parent taking a step which is not in the best interests of the child. Top

Parental Responsibility (PR)

A lot of people talk about "Parental Responsibility" but few understand the practicality behind the phrase.

Parental Responsibility for children means "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property."

A limited number of people can enter into a PR Agreement or apply to the courts for PR including an unmarried father and the Local Authority.

A person with PR deals with the child’s day to day needs and can exercise his rights independently of the others with PR. There are a few circumstances e.g. a child’s permanent removal from the UK, where consultation is imperative.

We also prepare and execute CHANGE OF NAME DEEDS for adults and children. Top