WHAT IS BEST FOR YOUR CHILDREN?
Your child is the most important thing to you and your partner. Working to achieve a constructive approach after separation is the best way for children to feel secure and to maintain relationships with all the important people in their lives.
DO YOU NEED ADVICE?
Discussing child arrangements can be incredibly tense and emotional. Particularly if you and your partner are separating and making financial arrangements.
The first step is to try and reach an agreement by talking to each other. This can be directly, through your legal representation, or through mediation. We can refer you to expert mediators who can help you with this stage.
If, after trying mediation, you can’t reach an agreement that’s in the best interests of your children, you can apply to the family courts for a Child Arrangement Order. A Child Arrangement Order (which replaced residence and contact orders) covers:
- Where children will live
- If the child will live with one or both parents
- How they will spend time with their parent.
- When they will spend time with their parent
Those who have parental responsibility can apply for a Child Arrangement Order. Parental Responsibility is where an individual has the same legal duties, rights and authority as the mother or father of a child.
If you do not have parental responsibility you are still able to apply for this order, but only once permission is obtained from the Courts.
If a Child Arrangement Order has been put in place but not followed, you may be able to apply to the Court to have it enforced.
We understand that it can be frustrating if you are unable to see your child. This is even more so if an agreement or Court order had been put in place but not followed.
We regularly advise on contact arrangements or enforcement. We can assist in resolving issues surrounding how often children see their parent. Our Family team will work with you closely and sympathetically. They bring their extensive experience and collaborative work approach to help deliver a quick solution to your problem.
Family Assistance Order
A family assistance order is usually granted by the Court and is put in place for a short period of time. This is usually for 12 months unless it is specified for a shorter time.
These types of orders cannot be made unless consent has been given from those named in the Order (other than the child). They allow Local authorities to make an officer available to support families experiencing difficulties.
The officer concerned will be able to provide advice and guidance to those persons named in the order. This is regarding establishing, improving and maintaining the relationships between them.
You are unable to apply for a Family Assistance Order, however, you may consider asking the Courts to grant one when applying for a Child Arrangements Order.
Our team of professionals will be able to advise you on how a Family Assistance Order would affect you and your children.
WE CAN GIVE YOU REALISTIC, SENSITIVE ADVICE ON WHAT THE COURT IS LIKELY TO CONSIDER IS BEST FOR YOUR CHILDREN
We can give you realistic, sensitive legal advice on what the court is likely to consider is best for your children. We aim to help you find the right way forward for your family. We can also provide you with court representation if you need it.
To learn more about child arrangements or talk through your situation, please get in touch.
DO YOU NEED ADVICE?
Wardship is the term given when a child is made a ‘Ward of the Court’. This is where the Court has legal guardianship of a child in respect of their safety and protection. A ‘ward of the Court’ can be any child under the age of 18 within England and Wales.
Wardship can involve several factors and can be used to protect children at risk. You are able to apply for Wardship if you are the child, the local authority or someone with a genuine interest in the child. Once Wardship is obtained, important decisions can not be made without consent from the Court first.
YOUR CHILD ARRANGEMENTS | FAMILY LAW | TAYLOR ROSE MW EXPERTS
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