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 Family Law Solutions Solicitors 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.

Child Custody Lawyers Buckinghamshire and Berkshire

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. From the 22ndApril 2014 the law has designed a Child Arrangement Programme. This programme is designed to assist separated parents to resolve issues outside of the Court system and if not, then an expedited process through Court. Before any application can be made to Court, the prospective Applicant must attend a Mediation Information and Assessment Meeting (MIAMS) with a Mediator. This is a meeting with an independent Mediator to discuss whether the issues can be resolved in any other way other than going to Court. Some cases will be exempt from MIAMS, but this is something that can be discussed with your Solicitor.

Contact our Child Custody Lawyers Buckinghamshire and Berkshire

At Family Law Solutions Solicitors we can advise and support you with child-related issues in a caring and supportive manner, and protects the family unit. To speak to our Child Law Solicitors Call us on 0800 2888 396 or contact us.

"From the very first day of using the services of Family Law Solutions Solicitors I felt that the advice I was given was clear and straightforward. I believed it to be honest and I trusted it completely. Communication was excellent and I received prompt and personable replies to any queries I had. Throughout the difficult process I always felt supported and I would 100% recommend Family Law Solutions Solicitors.” - Mrs J, Bracknell  

Children Orders are now called Children Arrangements Orders and these are discussed below:

Children Arrangements Order

“Residence Orders” and “Contact Orders” no longer exist. They have been replaced by Children Arrangement Orders, which regulate “with whom a child lives with” and “with whom a child spends time with or otherwise has contact with”. “Specific Issues” and “Prohibited Steps Orders” remain unaffected.

Specific Issues Order

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.

Prohibited Steps Order

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.

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.

The Court Application and Process

  1. The Applicant can make an application to the Court for an Order;
  2. CAFCASS Safeguarding Report – The Children and Family Court Advisory Service (CAFCASS) will prepare a safeguarding report about the back ground to the case, for both parents and the Judge. This report is submitted to Court, prior to further discussion between the legal representatives and the Judge.
  3. First Hearing Dispute Resolution Appointment. This is the first court hearing and where the Judge reads the CAFCASS Report and will hear the preliminary issues that exist between the parties. The Judge will consider what further evidence is needed to resolve those issues and will set deadlines for the parties to submit necessary evidence. This can include the parties’ submitting Statements, further Reports by CAFCASS/Social Services, and third-party Witness Statements if necessary. No Order can be made at court without agreement between the parties.
  4. Dispute Resolution Hearing – This is the second hearing and is designed to narrow the issues between the parties. The Judge, the parties and their legal advisers will consider the evidence that was directed by the judge and try to find a way to resolve the issues. The Judge can, at this Hearing only, give an indication as what could possibly be ordered at a Final Hearing if the parties are unable to come to an agreement. If there is no resolution then the Judge can order further directions, which will include the listing of the third Final Hearing.
  5. Final Hearing – The Judge will hear oral evidence from the parties, any witnesses and read any such Statements and Reports in support of their case. A Final Order is made by the Judge and legally binding on the parties.
  1. At Family Law Solutions Solicitors we can advise and support you Child related issues in a caring and supportive manner, and protects the family unit. Come and talk to us on 0800 2888 396 or contact us