Disagreements concerning arrangements for children can present parents, children, grandparents and other family members with very difficult situations and decisions. All of our family solicitors have experience of advising on a vast range of issues that can arise.
Common Cases
It is always preferable for parents to agree arrangements for their children between them. Sometimes this is not always straight forward and the assistance of an experienced family solicitor can be invaluable. Your solicitor will be able to assist you whether you simply require some initial advice to discuss your concerns and how they might be best addressed, or where the urgent intervention of the court may be required.
At JWP Solicitors we regularly deal with disputes concerning:
- Where a child should live – Live with orders
- Contact arrangements – Spend time with orders
- Preventing a parent from doing something, such as taking a child abroad or attending at a child’s school – Prohibited steps order
- Resolve a dispute concerning a child’s upbringing, such as where they will go to school or regarding medical treatment – Specific issue order
- Moving abroad with a child
- Change of a child’s name
Your JWP Divorce Solicitors can help you with
Living and contact arrangements
Parental responsibility
Relocation abroad
Change of name
How much will it cost?
At JWP solicitors we always have a transparent approach to our fees. We offer an initial consultation for all new family matters, at cost of £99 + VAT. At the consultation your solicitor will take details of your case, provide initial advice and set out the likely further costs if you would like further assistance.
Beyond the initial consultation all work in relation to children matters is undertaken at the solicitors hourly rate. Our solicitors rates vary depending on their level of experience. Our solicitors will at the outset of your case set out clearly the likely costs. Work in relation to children matters
We will also, when you first contact use, assess you for eligibility for legal aid, which is still available for family cases in certain circumstances. If you meet the eligibility criteria for legal aid we will ask you to provide the evidence required for a legal aid application, following which we will arrange for you to meet with a solicitor. There will not a charge for the initial meeting.
You can contact us at any time free of charge during the course of, or at the conclusion of your case, with any queries in relation to costs or any other area of client care.
Your solicitor will discuss with you at the outset an appropriate plan for payment of your legal costs.
Frequently Asked Questions
Everyone with Parental Responsibility for a child has legal authority to make decisions about important elements of that child’s life. This would include matters such as where the child(ren) will go to school, authorisation of medical treatment, their religious upbringing and any change of the child(ren)’s name.
All mothers automatically have Parental Responsibility. A father that is married to the mother at the time of the child’s birth automatically acquires Parental Responsibility. If the mother and father are not married but the father’s name is on the child(ren)’s birth certificate(s) then he will automatically acquire Parental Responsibility with the mother.
A father who was not married to the child’s mother at the time of birth, and who is not named on the child’s birth certificate can acquire Parental Responsibility, by entering into a Parental Responsibility Agreement with the mother or by obtaining a Parental Responsibility Order from the court.
The courts would prefer not to make any Orders at all concerning your child. If following a separation there is no dispute between you and the other parent with regard to where the child(ren) will live, and what the contact arrangements for the other parent having contact with the child(ren) will be then you will not require a Court Order.
On the whole courts promote contact and it would be generally expected that contact with the non-resident parent would take place on a regular basis. If however, there are genuine reasons as to why contact with a non-resident parent may not be in the child’s best interests, then it may well be appropriate for contact to be put on hold until the court has had the opportunity to consider the concerns.
The court’s duty is to the child(ren) and therefore they will generally not order contact immediately if there is a legitimate concern that a child may be put at risk. The court would investigate the concern and assess the risk, if any, to the child. In these circumstances indirect contact by way of telephone calls and letters or supervised contact may still be considered appropriate.
If you have Parental Responsibility for your child(ren) then the other parent will need your consent in order to take the child(ren) abroad for a period of more than one month. If all persons with Parental Responsibility have not given their consent then the parent who takes the child(ren) abroad may in fact be committing a criminal offence.
If you have reason to believe that your child(ren) may be taken out of the country without your consent then you should take urgent legal advice. An application can be made to the court to prevent the child(ren)’s removal from the country.
If a parent with care wishes to move abroad with the child(ren) and all other persons with Parental Responsibility do not consent to this then the parent wishing to move abroad with the child(ren) would have to make an application to the court for an Order giving them permission to do so. If the matter cannot be resolved by agreement then ultimately the court will make a decision based upon what is in the child(ren)’s best interests.
If arrangements for contact with your child(ren) cannot be agreed then you can make an application to the court for a Child Arrangement Order, setting out clearly the days and times that your child(ren) will spend time with you.
If you make an application to the court for a Child Arrangements Order then generally the court will promote contact and consider contact with both parents to be in the child(ren)’s best interests. There would have to be a compelling reason for a court to conclude that your exercising contact with your child(ren) is not in the child(ren)’s best interests.
Our team of specialist family solicitors are available 24 hours a day, 365 days a year to provide you with expert advice and representation.
You can call us on Out of Office Hours Number07876 505336
For non-emergencies and generic enquiries please contact us via the form on our contact page.