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Children Proceedings

Disputes between parents can often arise when couples separate. They may disagree as to where the child should live, whether the child should see one of the parents and if so arrangements or specific issues such as the choice of schooling etc.

• We will advise you on the court process and the factors that the court will consider in reaching its decision about the welfare of the child.
• We can advise you with regard to the various Orders which the Court can make including residence, contact, prohibited steps, specific issues and parental responsibility.
• If you are an unmarried parent, only the mother has parental responsibility unless there has been a Parental Responsibility Agreement signed by the parties or Order of the Court or the father’s name is on the birth certificate, post November 2003.
• Unmarried fathers often want to be on an equal standing to married fathers. We will advise you where a child abduction has occurred and where there are international elements.
• We can advise other members of the family, e.g. grandparents as to their rights to contact with the child.
• When the Local Authority becomes concerned about the welfare of the child, we can advise both the parents and the children.

When Are Childrens Proceedings Necessary?

• Have you recently separated and your partner has taken the child.
• Have you separated and your partner refuses to give contact to your child.
• Are you separated and your partner wishes to take the child out of the jurisdiction or away from the local area?
• Are you separated and you want the child to live with you?
• Are you a grandparent and you are not allowed to see your grandchild?

The Legal Position

Before 1989 it was the Government’s view that a Court Order was required when parties separated. Certainly where divorce proceedings were concerned there had to be an Order for custody and an Order for access to the child or children.

The Government’s philosophy changed when the Children Act 1989 was passed. It was decided that the best approach was to have no Order at all. If the parties could agree as to where the child or children were to live and access to the children was agreed then no Court Order was required. The only reason for applying to the Court was if something went wrong or the parents became argumentative and could not agree on the children’s arrangements.

The Act also replaced the wording custody with the word residence and used the word contact rather than access.

Consequently any applications to the Court are for a residence Order and/or contact Order.

There are in fact four Orders you can apply for and they are as follows: -

1. Residence Order

This is an application when a parent applies to the Court for the child or children to live with that parent.

2. Contact Order

This is an Order where the absent parent is having difficulty in arranging contact to see the children on a regular basis and where eventually a Court will decide if the parties cannot agree.

3. Prohibited steps Order

This is an Order prohibiting parents in doing certain things. For instance prohibiting a father from collecting a child from school or prohibiting a mother taking the child out of the country.

4. Specific issue Order

This is an Order giving directions for the purpose of determining a specific question which has arisen or which may arise in connection with any aspect of parental responsibility for a child. It may for example decide whether a child should attend a local state school or a private school or receive religious education in school or what his or her surname should be.

If you are a grandparent you can make applications for the above Orders but initially you have to obtain permission from the Court to make your application.

What Happens Next?

Tim Giles of this office is accredited in children law and has over 36 years experience in dealing with these matters. He approaches these problems in a constructive and non-confrontational way hopefully by agreement. If there is no agreement then he will deal with the matter in a firm and efficient way and protect your interest at all times.

How Long Will It Take?

It obviously depends upon the problem. If emergency action is required it can be done immediately. If an application is issued for contact then on many occasions agreement is reached between the parties at the first Court appointment which is given approximately six weeks after issue.

If there is no agreement and the matter proceeds to a final hearing then the minimum time it will take will be 9 months.

How Much Will It Cost?

We believe the first interview is the important one to the client. It will give you a chance to obtain answers to your questions. It also enables you to obtain a confidence and trust in this firm and to continue with your instructions.

It is for these reasons that we offer an initial one hour advice for a nominal fee.

Call us to find out more about this (there is no charge for this initial conversation so you have nothing to lose).

Need Specialist Children & Family Law Solicitors?

Tim Giles at Pearson Rowe is our resident Divorce expert, so please do contact him now either by calling him now on 0121 236 7388 or by completing an Enquiry Form.