We can help you in resolving disputes as to the arrangements for your children following family breakdown. 

We try to encourage agreement as soon as possible in order to avoid distress to the parents /guardians and to the children, although we also ensure that our client’s concerns and concerns are put forward and properly addressed. We advocate the use of Mediation to assist carers in discussing future arrangements for the children. We do not feel that extensive correspondence serves any benefit for our clients, arguments are rarely won through correspondence. In our experience, it’s much better to meet face to face to discuss the issues wherever possible.

The general principle behind the Court’s approach is to investigate what is in the children’s best interests and how these can be met. Many parents / guardians can agree arrangements but others may benefit from attending Mediation or negotiating through solicitors. In some cases, an application to the Court may be appropriate. The main orders that can be made by a court are:

  • Child Arrangement Orders (with whom a child should live and when and how a person can see the child);
  • Prohibited Steps Orders (Orders preventing something such as removing the child from the country); and
  • Specific Issue Orders (such as what school the child should attend).

Another important area of law regarding the care of children is that of Parental Responsibility. Parental Responsibility is defined as the rights, duties and responsibilities associated with parenthood. Mothers automatically have Parental Responsibility as do fathers who were married to the mother at the time of the child’s birth and fathers who are named on the child’s birth certificate if the child was born after 1 December 2003. A father can otherwise obtain Parental Responsibility either by formal agreement with the mother or by order of the Court