Children

Court proceedings involving children can be difficult and emotional, both for parents and for the children involved. We look at resolving these issues sensitively and constructively.

Child arrangements

Disputes about with which parent children should live and how they spend time with their other parent are not limited to the time of a relationship breakdown. Difficulties can occur at any point in time.

The child’s /children’s welfare is always paramount.

Co-operation between parents and a willingness to put the children’s needs first will minimise the impact of separation on them. We will always advise you of the options available to you in the hope that proceedings can be avoided.
We aim to provide constructive tailored advice particularly if matters are complex and involve allegations of abuse or violence..
In every case, we endeavor to help you to reach a solution that’s in the best interests of your children.

Family disputes

Unfortunately, disputes can arise at any stage for families and those intending to create a family, both pre-conception, pre-birth and subsequently, and expert advice may be needed. We can help with any related issues.
In cases concerning arrangements for children, it is very common for factual disputes between the parties to arise. The court must be very careful to consider allegations, which if true, would impact the welfare of the child or children concerned.
Where the court is satisfied that the allegations, if true, will impact the welfare of the child, the court may order a separate hearing, known as a Fact Finding Hearing, to consider the evidence about the allegations. Having considered the evidence on the balance of probabilities the court may make findings in writing.

Grandparents’ rights

A grandparent does not have an automatic legal ‘right’ to see their grandchildren. However, it is possible to apply to the court for help.
We have experience in successfully representing grandparents applying to court, whether for a child arrangements order or special guardianship. We can help grandparents, and other members of the extended family, explore their options.

Holiday disputes

If you cannot agree on arrangements to take your children on holiday, it is important to check out the legal consequences of going abroad or out of the jurisdiction.

We can explore the options and consider court applications, whether for a specific issue order or prohibited steps order. Sometimes urgent applications are needed. Even if a holiday is by agreement, a letter of consent, or other formal legal documentation, may be required by the relevant immigration authorities.

Moving abroad or relocating with your children

If you are considering moving to live abroad with a child or are concerned that your ex-partner is considering doing so, early advice is recommended. Likewise, if you are planning to move a distance away from your child’s other parent within England and Wales, or elsewhere in the UK, you will also need to obtain legal advice. Such cases can be complex, and require careful planning. We have extensive experience of both succeeding in, and defending, these cases.

Non-return of children

Often parents are unaware that they can be accused of committing child abduction of their own children.
Parents, and anyone with parental responsibility, have a right to be consulted about their child being taken abroad. If one parent takes a child abroad without the permission of the other parent, this is known as a wrongful removal and is considered to be child abduction.
If you had permission to take a child abroad for a period of time for a holiday or to visit family, but overstayed that period, retaining the child abroad at the end of the agreed period, this is considered to be child abduction.

Parental responsibility

We advise on issues of parental responsibility including drafting parental responsibility agreements.
A person with parental responsibility should have a say in major decisions affecting their child, including, for example, the choice of school, religious upbringing, whether they should receive medical treatment.
Establishing who holds parental responsibility, or who should hold parental responsibility, can be complex depending on the circumstances regarding the child’s conception. We can advise on this point.

To discuss your matter with a member of the team please call 01924 291122 or email Richard Bannister