Patricia Cannon
Head of Family and Childcare
English
If you are a mother, father or grandparent, or if you have a close connection to a child, perhaps as a result of being their stepparent or older sibling, our Child Law Solicitors can help you by making sure you know your legal rights, the children’s rights and what your options are.
Your key aims, along with the child’s best interests, will always be at the forefront of our advice and the legal services we provide, whether through applying for a Children Act Order or by representing you in the Family Court.
You can choose from various options for appointments, including telephone and video calls - whatever suits you best.
For initial legal advice get in touch with our Family Law Solicitors.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
We're rated‘Excellent’One of our specialist Family and Child Law Solicitors can help you with any of these issues:
When you split up with your partner, whether you were married or not, it’s important to know that you spend time with your children and remain in their lives. There are a number of different ways you can agree on child arrangements. You can do this informally with a Parenting Agreement which we can help you to prepare or you can apply for a Child Arrangement Order. In some cases, these can be made by agreement without going to Court, as long as you both agree or if you can’t come to an agreement with your former partner, you can ask the Family Court to decide.
Deciding where a child lives and how much time they spend with each parent is a key legal matter. When you can’t reach an agreement, directly or through a Solicitor, you can go to Court and ask a Judge to decide for you and the outcome may not be what you want, but it will be enforceable by the Court. It is preferable to reach an agreement with the other parent where possible.
This is where one parent has turned their child against their other parent – it can be done on purpose or unintentionally, but the outcome is still the same. Dealing with this issue as early as possible can help to get a better outcome, so get specialist legal advice quickly.
If you are a father and your name is not on your child's birth certificate, you may not have Parental Responsibility. In this case, you will need to apply for it.
A birth mother automatically has Parental Responsibility upon giving birth. A father will automatically have Parental Responsibility if he was married to the mother at the time of the child's birth or if his name is on the birth certificate.
If the Court grants a Child Arrangement Order stating that the child will live with you, you will automatically be given Parental Responsibility as part of that order.
There are some situations where you may not have Parental Responsibility and you want it. Parental Responsibility gives you legal rights and responsibilities for a child’s upbringing, including decisions about their education, healthcare, and welfare. If you do not automatically have Parental Responsibility, for example, if you’re a father not listed on the birth certificate or a grandparent caring for your grandchild full-time, you may need to apply for it.
Our Child Law Solicitors can guide you through the process, ensuring you have the legal authority to be involved in your children’s or young family member’s lives.
This includes moving within the UK and outside of it. It’s a big decision that affects everyone involved. There can be many reasons why you might want to move away with your child, such as a new partner, a new job opportunity, or returning to be near your family and support network, however, there can be legal implications when relocating with a child. We can help you if you’re the one who wants to relocate or if you’re the parent who will be left behind.
If you are going through the adoption process and you need legal representation, we can do that for you. You will need to go to Court to get your Adoption Order and we can advise you at every stage of the process.
We’ll be transparent about our Solicitors fees so there are no hidden costs or nasty surprises.
We offer various payment options to make getting the legal advice and support you need manageable and affordable.
We are accredited by the Law Society for Family Law and for Children Law. Our national team of specialist and highly experienced Solicitors and Lawyers can help you with deal with any Child Law matter.
For initial legal advice on Court Orders for children, please get in touch.
Previously called a Residence Order or Contact Order, a Child Arrangement Order is a Court Order which sets out the details about where your child will live and with whom, along with any other details that need to be specified. A Judge in Family Court will review the arrangements and as long as making the order is considered better for the child than not making it, they will approve it. The Court operates a “No Order Principle” meaning that it will only intervene if it is best for the children involved. Once a Child Arrangement Order is in place, it is legally binding and must be followed.
A Specific Issue Order allows the Court to decide on important matters affecting a child's upbringing when clarity is needed. This could be changing a child’s name, taking them out of the UK for a holiday, what medical treatment they can receive, what religion they should practice or where they should go to school. The Family Court will decide for you both on the outcome, considering the best interests of the child, first and foremost. For more information see Specific Issue Order.
A Prohibited Steps Order is a Court Order used to prevent a parent or guardian from making certain decisions about a child without Court approval. For example, you could stop your ex from taking your child on a holiday if you are concerned that they may not come back or from moving them to a new school without your consent.
A Special Guardianship Order appoints someone other than a parent, such as a relative or family friend, to be a child’s long-term carer. It essentially gives them parental responsibility, allowing them to make important decisions about the child’s upbringing. Unlike adoption, it does not remove the child’s legal link to their parents, but it does limit their ability to exercise parental responsibility. The Court will only make the order if it’s in the child’s best interests.
Before you get to the point of going to Court, you will have to go through Mediation first.
Mediation is there to try to resolve the issues you are facing, such as where your child will live, child maintenance and your finances, without having to go to Court. This often makes the process less expensive and less stressful for everyone involved.
There are some circumstances when you can avoid Mediation, for example if your ex-partner has been violent towards you, so ask us if you’re not sure and we can explain the whole process.
Once you’ve been through Mediation, if you still can’t agree your last option is to go to Court and ask a Judge to decide for you. We can represent you in Court.
A Family Court Judge will make the decision based on a number of factors, including:
At the centre of every decision the Court makes is the best interests of the child.
For more information see Different Types of Court Orders for Children.
Our Family Law Solicitors charge an hourly rate, which varies based on the experience of the Solicitor handling your case.
We’re completely open and transparent when it comes to our Solicitor fees, ensuring there are no hidden costs or unexpected charges. We'll let you know exactly how much it will cost before we begin any work.
In some cases, you may be eligible for Legal Aid, depending on your financial situation and the nature of your case. If this applies to you, we’ll talk you through the process and help you understand your options.
A Child Arrangement Order that sets out who the child lives with will last until the child is 16 years old (or until a date specified by the Court) unless there are exceptional circumstances when it could last until your child is 18 years old.
A Child Arrangement Order that sets out the time spent with a child will usually last until the child is 16 years old.
There is no automatic legal ‘right’ to spend time with your child, but the law does say that it’s in the best interests of the child to have a relationship with both of their parents unless doing so would be harmful to the child’s welfare.
Your child’s wishes and feelings are taken into account, but this depends on their age and other factors. If the other parent won’t agree to let you see your child, the Court can make a Child Arrangement Order. If you have not spent time with your child in a long time, the Court will probably order a gradual build-up over a period of time.
No, there isn't a standard arrangement, as every family situation is different. The arrangements will depend on many different factors including whether there’s been a long break since you saw each other, how old your child is, their wishes and feelings, and any concerns raised that might impact the arrangements.
A common arrangement is for the child to live with one parent and spend time with the other parent on alternate weekends, with additional after school visits and telephone/video calls. One of our Family Solicitors can advise you based on your circumstances and discuss the likely outcome.
If you think your child is at risk of harm, you should contact the police and your local social services. We can assist by making an emergency application to the Court at very short notice, if it is appropriate. Speak to our specialist Child Law Solicitors.
This is a complicated topic. A birth mother automatically has Parental Responsibility. A father has Parental Responsibility if he’s either married to the child’s mother when the child is born or listed on the birth certificate. Both parents will keep Parental Responsibility regardless of changes in their relationship status.
Unmarried fathers can get Parental Responsibility by either:
If you don’t automatically have Parental Responsibility, you can apply for it. We can help you to make that application as it can be quite a complicated process.
Cafcass stands for Children and Family Court Advisory and Support Service. Their role is to ensure that a child’s voice is heard and that their welfare remains the primary focus in Family Court proceedings.
The Court appoints Cafcass Advisors to assess family situations and provide independent recommendations to the Judge. Their advice helps the Court determine what is in the child's best interests.
Court proceedings are dealt with in a relatively informal way by the Judges. The focus is finding the best arrangements for your child, taking into account all of the circumstances. Many people find that it’s not as scary as they thought it would be. Child Law cases are usually conducted privately, with no access to members of the public. In some circumstances the press has a right of access, but this is very rare in practice.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
