Few scenarios are more emotive than issues involving children.
Our team have extensive experience in assisting clients in this complex and highly sensitive area of the law. The Children’s Act 1989 encourages families to settle issues concerning children directly, however where this is not possible, we are on-hand to assist and guide you through the most appropriate route for your personal circumstances.
All of our solicitors are members of Resolution. This means that we are committed to dealing with family matters in a way which is constructive, designed to preserve your dignity and to encourage agreement between the parties wherever possible. We always put the best interests of the children first, and take into account both the long and short-term consequences of any actions undertaken.
The most common types of orders available to parents (and certain other relatives) are summarised below. For further information, or to determine which route may be most appropriate for you, please contact our specialist team as detailed below.
'Shall Live With' orders
Where there is a dispute over the residence of a child, this order will determine where the child will live. A Joint 'Shall Live With' order can also be obtained where parents are able to work together for the benefit of the child and take joint responsibility for his or her upbringing.
This type of order is commonly applied for by a parent who is not resident with the child. It sets out details such as frequency and duration of contact, any conditions attached and the finite details relating to collection and delivery of the child.
Prohibitive steps orders
This order stops (or prevents) a specific action being carried out by a parent. This may include preventing the child being removed from the jurisdiction of the court, a change of current school or in relation to medical treatment.
Specific issue orders
These orders can relate to a wide range of specific circumstances, for example in scenarios concerning the child’s educational needs, their surname, induction into particular faiths or religions, or in relation to medical treatment.
Parental responsibility orders
This order is a recognition of a parents’ rights and duties towards their child. Married parents automatically acquire Parental Responsibility, however an unmarried father (for example) may not automatically have this status and may wish to apply to the Court for a Parental Responsibility Order.