As well as being asked questions by fathers about whether they have parental responsibility and, if not, how they can get it we are also asked the question ’how do you remove parental responsibility from a father? In this blog we look at the topic of parental responsibility and how a father can lose it.   ​Who has parental responsibility for a child? Many parents don’t know if they have parental responsibility for their child or not so before we look at whether a father can lose parental responsibility for their child it is best to first look at who has parental responsibility and what it means to share parental responsibility.   Mothers automatically have parental responsibility for their child. That means that if the child’s father also has parental responsibility then the responsibility has to be shared. With fathers it is a bit more complicated. The law says that a father has parental responsibility for his child if: The father is married to the child’s mother The father was married to the child’s mother but they are now separated, getting divorced or divorced If the parents are unmarried and the child was born after the 1 December 2003 and the father is named on the child’s birth certificate If the parents are unmarried and the mother has agreed to the father having parental responsibility for the child and they have signed a parental responsibility agreement If the parents are unmarried and the father has successfully applied for a parental responsibility order from the family court.   What does it mean to share parental responsibility with a father? Understanding what parental responsibility means is vital before you can look at what is involved in sharing parental responsibility with your ex-partner.   Parental Responsibility is defined as the obligations and responsibilities a parent (or anyone else who has parental responsibility) has for a child. If you have parental responsibility for your child then you have: A say in major parenting decisions, such as, the choice of new school or whether your young child should follow a vegan diet or be brought up in a specific faith  The right to receive certain information, such as school reports or copy medical records The ability to consent on behalf of your child, for example, consent to medical treatment for a child who isn’t old enough to give informed consent.   How do you share parental responsibility with a father? It can be difficult to share parental responsibility for a child, particularly if: You are the one who carries out all the day to day care of the child The other parent is working but won't provide financial maintenance or child support The other parent doesn’t want to see the child or only does so infrequently at times to suit them You and the other parent have different parenting styles and approaches to parenting You had an acrimonious separation or there was domestic violence within your relationship You think that your ex is only using their parental responsibility to try and control you or to annoy you and isn’t really interested in the child and what is in their best interests.   How do you remove parental responsibility from a mother? The law says that a mother of a child can only lose parental responsibility for her child if the child is adopted. The law is different when it comes to fathers losing parental responsibility for their child.   How do you remove parental responsibility from a father? If a father is or was married to the child’s mother then he has automatic parental responsibility for the child and the mother can't apply to court to remove the father’s parental responsibility. However, the mother can apply to the family court for other orders such as a child arrangements order or a specific issue order or a prohibited steps order.   If an unmarried father has obtained parental responsibility for his child by signing a parental responsibility agreement or by a parental responsibility court order then an application can be made to court to remove his parental responsibility for his child.   The court won't stop a father’s parental responsibility for his child just because of a parental separation or because the father has moved away with work or doesn’t see his child on a regular basis or has committed a criminal offence or isn’t paying child support.   The law says that a family law judge must only terminate a father’s parental responsibility for the child if: The circumstances are exceptional and The termination of parental responsibility is thought by the judge to be in the child’s best interests. [related_posts] Applying to court to remove a father’s parental responsibility It is best to take specialist legal advice from a Cheshire children law solicitor before applying to court to remove a father’s parental responsibility because a court will only remove a father’s parental responsibility if the circumstances are exceptional. Whilst you may struggle to get an order to remove a father’s parental responsibility you may be successful in securing another type of children law order that will resolve the difficulties you are experiencing. Available orders include: A child arrangements order A specific issue order A prohibited steps order.   Although these children law orders do not remove a father’s parental responsibility for his child they can significantly limit the father’s involvement in the child’s upbringing provided that the court concludes that this type of order is best for the child. For example, a child arrangements order can stop direct contact between father and child or a prohibited steps order can stop a father attending a child’s school or nursery or an injunction order can stop the father coming to your home address.   An experienced children law solicitor will talk to you about whether a court application is in your best interests and your alternative options, such as a round table meeting or legal support during family mediation.   What behaviour by a father will terminate parental responsibility? To terminate a father’s parental responsibility for his child you will need to make a court application and the judge will assess whether the father’s behaviour is exceptional and justifies the termination of his parental responsibility as the order is in your child’s best interests.   If you are worried about how your ex is using his parental responsibility then it is best to take legal advice so that you know where you stand and whether a court application to remove parental responsibility from the father is the best way forward for you. We are Manchester and Cheshire children law solicitors For advice about children law,  parental responsibility, child custody or making a child arrangements order application call Evolve Family Law solicitors or complete our online enquiry form . We offer appointments at our offices in Holmes Chapel Cheshire and Whitefield North Manchester or we can set up a video call or telephone appointment for you.

Families come in all different shapes and sizes and don’t just comprise the standard mum, dad and 2.4 children. Many of us joke that we would like to adopt a neighbour as a grandparent but in some families there is a real desire to adopt an adult, often because a step-parent wants to formally recognise their adult step-child or a parent wants to offer a home to a young adult following the death of the child’s parents or their alienation from their biological parents. In this blog we look at whether you can adopt an adult. Can you adopt an adult in the UK? Under UK law you can't adopt an adult, whatever the motivation for your desire to adopt.  UK adoption law says that the child who is the subject of the adoption application must be: Under the age of eighteen at the time that the adoption order application is made and Unmarried and not in a civil partnership (and never been in such a relationship). Sometimes people want to adopt a teenage relative from overseas or a young adult, thinking that adoption is a way of uniting the family in the UK.  Adoption of a child nearing the age of eighteen is technically possible but adoption solicitors recommend that specialist immigration law advice is taken before you proceed. [related_posts] What are the alternatives if you can't adopt an adult? As UK adoption law says that you can't adopt anyone over the age of eighteen what are the alternatives to the making of an adoption order?   Some relatives of young people assume that they will be able to apply to the family court for a child arrangements order as an adoption order isn’t an option. However, UK children law says that a child arrangements order expires when a child reaches the age of eighteen and that an application for a child arrangements order should only be made in exceptional circumstances where a child is aged between sixteen and eighteen at the time of the court application.   If children court orders aren’t the solution then practical options include: If having the same surname is important to both of you, the person you would like to adopt can change their name to your family name by deed poll You can financially protect the person that you would like to adopt by making a Will and leaving a legacy or share of your estate to them. If you do not make a Will then they won't be entitled to receive anything from your estate under intestacy rules if they are not closely biologically related to you and they haven’t been adopted by you If the person you wanted to adopt wants to look after you then you can appoint them as an attorney in your Lasting Power of Attorney If the person you would like to adopt doesn’t have capacity to make their own decisions (for example because of physical or mental impairment) you can ask the high court to make a declaratory order setting out with whom the person should live and have contact with. The high court only has the power to make this type of declaratory order in relation to an adult over the age of eighteen if the adult doesn’t have the capacity to make his or her own decisions.   If you would like to adopt an adult but realise that isn’t an option under UK law the best thing that you can do for the adult that you would like to adopt is to put your affairs in order and make sure that your paperwork, such as your Will and Lasting Power of Attorney , accurately reflects your wishes. Sadly, if you don’t sort out your Will and any associated paperwork the likelihood is that not only will you not be able to adopt your adult loved one but they may not benefit from your estate if you pass away. Preparation and paperwork is therefore essential to protect your loved ones. ​ How can Evolve Family Law adoption solicitors help? At Evolve Family Law our specialist children and adoption solicitors can answer your questions about children and adoption law and help you with all your private client and Will needs. Call us or complete our online enquiry form . We can set up a meeting, video conference, skype or telephone appointment with one of our specialist solicitors.

We all know that we can't put a price on our children and their happiness but before you instruct a children and family law solicitor to go to court for a child arrangements order it is understandable that you want to know the answer to the question ‘’How much does it cost to go to court for child custody UK?’’ In this blog we look at UK child custody cases and legal fees. How much does it cost to go to court for child custody? At Evolve Family Law when a parent asks us how much it will cost to go to court for a child custody order we take a step back and ask the right questions to make sure that court proceedings are necessary as we don’t believe that there is any point in spending money on child custody legal fees if you don’t need to do so.   For example, sometimes alternative options are both cheaper and quicker than a child custody application, such as a strongly worded solicitor’s letter, legal support and family mediation or counselling. In other family scenarios, a court application for a child arrangements order may not be justified if your child is nearly sixteen or if the child custody arrangements are currently agreed but you want a child custody or contact order ‘’just in case’’.   You may question why at Evolve Family Law we won't push or encourage you to start child custody proceedings if we don’t think that is the best option for you and your child. We won't advise you to start child custody proceedings if we think there is a better or more effective solution even though we lose out in legal fees. That’s because we are committed to listening to you and to why you want to apply for child custody orders whilst at the same time being transparent about legal fees and whether we think the costs are necessary or justified.   Evolve Family Law were one of the first firms of solicitors to publish their fees online as we believe that it is important to be transparent and upfront about legal fees so you know what to expect and to help you budget for costs. The Evolve Family Law price guide can be accessed here. [related_posts] Fixed fees and child custody applications As Cheshire and North Manchester children solicitors we are often asked why fixed fees are offered for divorce proceedings or for the drafting of a financial court order as part of a divorce financial settlement but not for an application for a child arrangements order or for a child custody application.   Whilst we publish hourly rates for our specialist children lawyers and support staff, we encourage you to call us to discuss potential costs of going to court for child custody. That’s because , unlike with divorce proceedings or drafting a financial court order, there are so many variables that we need to speak to you about your planned application and family circumstances before we can give you realistic cost information.   In some situations the cost of a solicitor letter, legal support during family mediation or even going to court for a child arrangements order may be less than you might think but in other scenarios the costs may be a lot higher and the ethos at Evolve Family Law is to explain about the potential court complexities and child custody court costs from the outset.   Our children lawyers are asked what makes a child custody case complex. Here are some examples of complicated child arrangements order applications: Serious allegations of physical, emotional or sexual abuse that will require significant investigation, the potential instruction of child experts, and a series of court hearings including what is referred to as a ‘’finding of fact hearing’’ for the family law judge to determine and make findings on the allegations of abuse. There may then be a second substantive hearing , referred to as a ‘’welfare hearing’’ , for the family law judge to determine what child arrangements order should be made Family situations involving parental alienation where one parent is wholly opposed to the children having contact with the other parent or where there has been a long history of previous proceedings and failure to comply with court orders Allegations of domestic violence against a parent and the parent who is alleging that domestic abuse has taken place maintains that it isn’t safe for the children to see or live with their other parent. In some court proceedings involving serious allegations of domestic violence a judge may order a finding of fact hearing Contested jurisdiction where one parent maintains that the children are not habitually resident in the UK and the proceedings should take place overseas or where there are allegations of parental child abduction of the children to the UK Children cases where there are special circumstances such as a local authority or extended family members (such as grandparents) intervening in the court proceedings.   The list above isn’t exhaustive but just sets out some examples of how some child custody cases can be a lot more complicated and involve court appointed experts and a series of directions and substantive court hearings. In other family scenarios, you may be able to reach an agreement over child custody and contact arrangement at the first or second hearing of your court application, without the need to prepare statements, instruct experts or attend a contested court hearing. How can Evolve Family Law help? As every family is different, at Evolve Family Law we welcome calls to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointments.

The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.​ What is Emotional Labour? Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).   Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include: Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.   Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship. [related_posts] Does Emotional Labour Lead to Divorce Proceedings? Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.   Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as: Family or couple therapy to discuss how you feel and the need for change Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.   If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.   At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count. Online and Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

Emotional abuse is one of those tricky topics. Many people don’t like to admit that they are being emotionally abused because it makes them seem weak or thin skinned. However, the Covid-19 pandemic and the confinement of lockdown at home has made many people realise that it is time to confront emotional abuse in their relationship. In this blog we look at emotional abuse and your options on what to do about emotional abuse in your marriage. What is emotional abuse? As we gradually start to emerge from lockdown people are asking questions about their relationships, often because they have spent far more time with their partner in a relatively confined space than at any other time. Sometimes that experience has brought out the best in a relationship and at other times people have experienced far more physical or emotional abuse than they would normally have if their partner had been working or able to see friends and family. Sometimes, the stresses of working on the ‘’front line’’ in a key worker role has meant that a partner has brought their fears home with them and their behaviour has had a very negative impact on their partner and children.   Family law solicitors say that unless it is an emergency situation you should take time to think before you make any major decisions about your relationship. It is important to reflect on your partner’s behaviour and consider if it is emotional abuse. Whilst it is best not to make a rapid decision to separate it is equally sensible to look at whether what you are experiencing is emotional abuse and to ask yourself if there is any prospect of your partner or spouse recognising their behaviour as abusive and doing something to change their behaviour.   Sadly, for many husbands, wives, and partners, emotional abuse can become part of their daily life so they become inured to it. Often, it when their partner’s behaviour has turned on the children during lockdown, with the children being at home and underfoot all day, that the behaviour is seen for what it is; emotional abuse.   What is emotional abuse? It is difficult to define emotional abuse because unlike physical violence there is no obvious slap mark, bruise or fracture. The effects of emotional abuse are often not obvious but they are equally damaging as physical abuse.   Emotional abuse is all about control through the manipulation of your emotions. It isn’t a one off experience but is normally a slow and invidious process until it gets to the stage that you haven’t got the strength to leave the relationship. Sometimes it takes something as dramatic as the Covid-19 lockdown or seeing your partner start to emotionally abuse your child that is the ‘’wake-up call’’ to get help.   Emotional abuse isn’t about having rows, shouting at one another, or saying words you regret. We all do that in relationships, especially if we are under pressure because we are confined at home or are worried about work and financial matters. Emotional abuse is best described by example as it can be subtle. Examples of emotional abuse and controlling behaviour include: Constantly belittling you from telling you that you are a fool, ‘’incapable of doing that’ ’and judging your efforts Giving directions on what you should wear, how much you should eat, when you should speak, who you should see and if you can go out If you challenge the behaviour, telling you that you are insane and that no one will believe you if you speak out Refusing to speak to you or leaving the family home for days if you ask them to change their behaviour Taking over control of almost every aspect of your life from money management and access to funds to making all the important decisions about the children and to making the decisions for you from who you vote for to your choice of hairstyle Restricting you so you are not able to speak on the phone to friends and family as phone and internet activity is monitored and not able to meet with family because your movements are tracked or you fear that you will betray yourself and let something slip about having spoken to a friend.   Sometimes those in emotionally abusive relationships also experience physical violence. Many say that the physical violence is easier to cope with than the constant emotional abuse or living with a partner who is silent and won't speak for days because you have committed some minor misdemeanour.   Emotional abusers can temper their abuse with gifts and kind words thus giving you hope that they have changed or that they can't help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get out. [related_posts] What help can you get if you are in an emotionally abusive relationship? Many people think that they can't ask for help because what they are experiencing isn’t ‘’domestic violence’’ or that ‘’no-one will believe me’’ or that ‘’I can't afford to leave’’. None of those statements are true.   An experienced and understanding family law solicitor will talk you through your options. Importantly they won't try to control your decisions or tell you what you must do. However they can guide you and support you, whether you decide to stay with your partner or decide that a separation or divorce is the best option for you and your family.   Many divorce and family law solicitors work with professional counsellors and therapists who can offer: Joint sessions for you and your partner to see if the problems within your relationship can be addressed or Individual help to an emotional abuser to get them to accept their behaviour for what it is or Individual help for you to help you recover your self-esteem and confidence after years in an emotionally abusive relationship.   A family solicitor can help you with: Advice on a temporary separation including whether you should stay in the family home and financial matters such as spousal maintenance and child support and short term parenting arrangements and contact (child arrangements order) A long term separation or divorce with help with a separation agreement, divorce proceedings, child custody and contact and a financial settlement Court orders to protect you such as an occupation order so you can stay in the family home or a non-molestation order. Our Family Law and Divorce Solicitors Whether you need legal help with an emotionally abusive relationship, a separation, divorce, maintenance, an injunction, financial settlement or children order the specialist but friendly and supportive team of family lawyers at Evolve Family Law can help you. Call us or complete our online enquiry form. We can set up a video conference, Skype or telephone appointment for you or arrange a face to face meeting at our offices in Holmes Chapel Cheshire or Whitefield Manchester.

It is all very well asking the question ‘’Do I have parental responsibility for my child?’’ but it is equally important to understand what parental responsibility means and what you can and can't do with it. In this blog we look at what parental responsibility is, who does and doesn’t have parental responsibility, what you need to do if you want parental responsibility and we answer frequently asked questions on the topic of parental responsibility. What does parental responsibility mean? Parental responsibility is a legal concept. That means you can be a responsible parent and not have parental responsibility for your child.   The definition of the legal concept of parental responsibility is contained in Section 3(1) of the Children Act 1989.  The Act defines parental responsibility:   “The rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.   In practical terms, parental responsibility gives a parent the responsibility for making significant decisions in a child’s life. Examples of the exercise of parental responsibility Parents exercise parental responsibility for their children all the time, without even thinking about it. However there are some significant decisions involving the welfare of a child that parents can struggle to agree on. For example: The name of the child If the child should follow a religious belief and, if so, if the child should be baptised or circumcised If the child should have contact with family members you are estranged from, for example, grandparents or an aunt If the child should be immunised or vaccinated If the child should go on overseas school trips If the child should follow a strict diet such as gluten free, vegan ,vegetarian or sugar free diet If the child should be home educated or go to a local state school or be placed in private education The type of schooling or extra tuition that best meets a child’s needs if the child is gifted or has special educational needs.   There are many other examples of parental responsibility decisions. Some, whilst relatively insignificant, may be of immense importance to you, such as the length of your child’s hair or at what age your child is allowed to have an ear piercing or have their own mobile phone. What happens if you can't agree on parenting decisions and parental responsibility? If two parents have parental responsibility and can't agree on how to exercise parental responsibility then either parent can apply to court for a specific issue order but courts recommend that: Parents try to discuss parenting and reach a compromise that they can both accept Parents try family mediation if they can't reach an agreement to see if a neutral family mediator can help them reach an agreement Court proceedings are used as a last resort. What to do next? If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.   If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation. How does an unmarried father get parental responsibility for his child? An unmarried father can get parental responsibility in one of three ways: By agreement with the child’s mother or Jointly registering the birth and being named on the birth certificate or Obtaining a parental responsibility order from the court. Can I prepare a parental responsibility agreement? To secure parental responsibility for your child you have to sign a formal parental responsibility agreement document in a prescribed form. The form has to be witnessed. If you don’t use the correct forms or if you don’t get the agreement witnessed in accordance with the rules then the agreement won't be effective in giving you parental responsibility. Does a father lose parental responsibility for a child if he gets divorced? A father doesn’t lose parental responsibility for his child if he separates or gets divorced from the child’s mother.   A father can only lose parental responsibility by court order once he has obtained it. It is rare for a court to order that a father should lose his parental responsibility. Can a father have contact with a child without having parental responsibility? A father can have contact with his child if he is separated from the child’s mother without first having to obtain parental responsibility for the child. If the mother won't agree to a father having parental responsibility and contact the father can make an application to court for a parental responsibility order and a child arrangements order.   A child arrangements order sets out where a child lives and the contact arrangements. The court will make orders that it thinks are in the child’s best interests. Does a father have to pay child support if he is not named on the birth certificate and doesn’t have parental responsibility? A parent’s legal obligation to pay child support for their child is based on their biological relationship. Therefore a biological father has to pay child support if he is assessed as liable to do so by the Child Maintenance Service, even if he is not named on the birth certificate, doesn’t have parental responsibility, and doesn’t see the child.   In situations where paternity is disputed the Child Maintenance Service can ask for DNA testing to be undertaken and the court can order relationship testing. Does a mother with automatic parental responsibility for a child have more authority and rights than an unmarried father who secures parental responsibility? Sometimes being a parent can feel a bit competitive; whether it is you that your child cries for when they have fallen or you that they ask to read them a bed time story. When it comes to parental responsibility many unmarried fathers assume that their parental responsibility isn’t ‘’as good as a mother’s parental responsibility’’ because there parental responsibility was acquired through: Being named on the birth certificate or Parental responsibility agreement or Parental responsibility court order.   An assumption is therefore made by one or both parents that the father’s rights and responsibilities are somehow less important than the mother’s parental responsibility and that: A mother has more rights than a father A mother will always get custody if there is a dispute A mother has the responsibility to sort out child care if neither parent is available to look after the child If you can't agree on an important decision in your child’s life the mother’s parental responsibility takes precedence giving her the power to make the decision.   None of those assumptions are correct. If you share parental responsibility with another person you have equal rights and responsibilities for the child. The child’s mother does not have the casting vote or the ability to make all the decisions. If you can't reach agreement about what is in your child’s best interests then the court can make a specific issue order. The court will make a specific issue order decision based on what the judge thinks is in a child’s best interests. [related_posts] Will the court always make a parental responsibility order? A father can apply for a parental responsibility order as a separate stand-alone application or at the same time as applying for a child arrangements order (an order sorting out custody or contact).   The court won't automatically make a parental responsibility order but the test or threshold to secure a parental responsibility order is fairly low so in most cases the court will grant parental responsibility.   When deciding whether to make a parental responsibility order the court considers: The degree of commitment shown by the father The degree of attachment between father and child The father’s reasons for applying for a parental responsibility order. If I have parental responsibility can I take my child abroad on holiday? If you are a parent with parental responsibility for your child you can't take your child abroad on holiday unless: You have the agreement of everyone else with parental responsibility for your child or You have a child arrangements order and you are named as the main carer in the child arrangements order. If you have this type of child arrangements order then you can take your child overseas for up to four weeks without needing the other parent’s agreement or a court order You have an order from the court giving you permission to go on the specific holiday or a general order saying that you can take your child overseas on a set number of times each year.   If you are not sure whether the wording of your child arrangements order gives you permission to take your child overseas on holiday it is best to take legal advice before booking the holiday. Can my child’s surname be changed if I have parental responsibility for my child? If you have parental responsibility for your child then your child’s surname should not be changed without your written agreement or a court order. Is a court application for parental responsibility worth it? Most children law solicitors would encourage you to secure parental responsibility by agreement with the child’s mother. If a mother takes legal advice the likelihood is that she will be advised that it is probable that the court will make a parental responsibility order. She may therefore agree to your acquiring parental responsibility by agreement and without making a court application.   If a mother won't agree to you having parental responsibility for your child then you may think that you have no option but to make an application for a parental responsibility order because you think that until you secure parental responsibility the child’s mother won't accept that you have any say in the important decisions affecting your child. However, if you have separated amicably and you are co-parenting your child, you make think that parental responsibility won't really add anything for you or your child. It is always best to have parental responsibility and, in those circumstances, you should be able to obtain parental responsibility by agreement through completing the prescribed form for parental responsibility. Parental Responsibility Solicitors For legal assistance with parental responsibility, child custody or contact or applying for a parental responsibility order, child arrangements order, or specific issue order contact the specialist Cheshire and Manchester children law solicitors at Evolve Family Law. Call us or complete our online enquiry form.

As specialist children law solicitors we are asked if the family court will order that a husband or wife or an ex-partner cannot have contact with their child because of parental alcohol addiction. There isn’t a yes or no answer as in every case the court will look at what is in the best interests of the child. In this blog we look at the topic of alcohol addiction in children law proceedings. Can alcoholism stop child contact? Children solicitors will tell you that it is too broad a question to ask ‘’can alcoholism stop child contact?’’ as so much depends on: Whether the alcoholism has an effect on the parent’s behaviour towards the child or the other parent The age of the child The effect (short and long term) of not having an ongoing relationship with a parent The measures that could be put in place to make contact safe and rewarding for the child The help available for the child and parents.   When a children law solicitor is asked about alcoholism and child contact they will normally want to know how one parent’s alcohol use affects their daily life and their behaviour towards their child. That is because there are many people with ‘’functioning alcoholism’’ who are able to work and enjoy relationships whereas sadly that isn’t the case for others.   That is why it is so important that children law solicitors take the time to discuss your particular family circumstances and drill down to what it is about the alcohol usage that makes you want to stop child contact. A case study of how alcohol affects child contact One mother whose ex-husband was a highly successful business owner and functioning alcoholic wanted to stop contact between her two teenage sons and their father because of his alcoholism.   What was actually her ‘’drilled down ‘’ cause of concern was her ex-husband insisting that he was ok to drive the children and her fears for their safety. From the mother’s perspective, it was good that her children continued to see their dad so that they knew he was all right and that they didn’t worry about him or hold him on a pedestal because she had stopped contact.   In this mother’s case the best thing to do was to listen to her and help her find the right solution for her children. She knew, from past experience, that as her husband didn’t want to deal with his functioning alcoholism, no amount of requests from her would make him see a counsellor or get help. Likewise, after discussion and legal advice, she knew that one of her teenage sons would blame her if contact stopped whereas the other one found contact embarrassing and wasn’t bothered about going.   Some children law solicitors see an application for a child arrangements order or a prohibited steps order to stop contact as the answer to all problems over contact. It isn’t necessarily the solution. In the mother’s case, after she had taken legal advice on her options, she had the experience to realise that if she applied for a child arrangements order the father would deny his alcoholism and refuse to take part in any testing ordered by the court or psychological assessment or any recommended follow up treatment or support.   Whilst the court has the power to order tests and assessments in child arrangements order applications, the court cannot make a parent undergo alcohol or substance testing or assessment if the parent refuses to do so. All the court can do is draw inferences from a parent’s unwillingness to participate in testing or assessment.   The court’s ability to make inferences is often a powerful motivator in a parent’s willingness to participate in testing and assessment. That is because of the parent’s belief that the testing results should be better for them than inferences based on a lack of cooperation after the other parent has raised sufficient concerns for the court to be willing to sanction testing or assessment.   When it comes to alcoholism and child contact, an application for a  child arrangements order can bring about a lot of change as the court arena can make parents realise just how seriously the other parent views their issue with alcohol. In other families compromise can be the better option for the family.   So you may wonder how the mother of the two teenage boys resolved her dilemma over her ex-husband’s alcoholism and her fears for her teenage sons travelling in a car driven by their father. She looked at what was best for her sons and concluded that maintaining a relationship with their father was the best option for them. Whilst he was unreliable as a father and let the children down he was nonetheless their father and the youngest would blame her, rather than his father’s alcoholism, for the lack of contact.   The mother set about problem solving and instead of the boys going to visit their dad at his home, where there was alcohol and films she didn’t approve of, contact became centred on football matches and she asked her brother in law and the children’s uncle to help provide support and a safe means of transport.   Did the solution work? It certainly wasn’t without its difficulties and it put the teenagers in a position of reporting if there were issues. This was not something the mother felt very comfortable about but she concluded, on balance, that it was the right thing to do even if on occasion she was used as a taxi service and the boys were let down when their father didn’t show up.   Would the child contact solutions have been different for another parent? As children law solicitors we would say yes. For example: If the parent’s alcoholism was more recent in nature and the parent was more likely to agree to testing and assessment as part of a child arrangements order application The parent’s behaviour, fuelled by their alcoholism, made it dangerous for the other parent to come into contact with them and meant that they needed injunction orders to protect themselves The child wasn’t old enough to help safeguard themselves. In that scenario contact fully supported by grandparents or taking place within a contact centre may be the best option for the child The child was of an age to say that they didn’t want to see their parent and the other parent fears that forcing them to have contact isn’t actually best for the child. Sometimes family counselling is one way forward if a child and parent will agree to this so an older child can explain , in a safe and neutral setting, how they feel and how not turning up for pre-arranged contact or any other effects of the alcohol addiction makes the child feel. Recreational use, binge drinking, dependence or alcohol addiction Children law solicitors will tell you that one of the biggest issues in trying to resolve parenting and childcare arrangements when there are alcohol or substance use concerns is the parent’s differing perception of the issue.   Many dedicated and caring parents say that they are ‘’recreational users’’ of substances or over imbibe and binge drink at the weekends. Should that affect their contact with their child? It all depends on the parenting arrangement as, for example. alternate weekend contact and midweek contact may meet the child’s needs and not affect the parent’s lifestyle choices. It can sometimes be hard for the other parent to accept that such contact could be in a child’s best interests when they have lived full time with the parent’s binge drinking behaviour.   It is equally hard when one parent believes that the other is alcohol dependent and the other disputes it. Sometimes practical, non-judgemental examples of how a child feels can help make contact work, for example, saying how the child feels if the parent doesn’t turn up for contact or arrives late.   If you think that your ex-partner is alcohol dependent or their substance misuse is affecting the quality of their contact then you can ask the court to: Make a child arrangements order to restrict contact, for example, so contact takes place at a contact centre or is supervised by a family member Make a child arrangements order subject to conditions so that the parent must comply with conditions such as not drinking for twenty four hours before a contact visit Stop direct contact between parent and child. Indirect contact such as letters, cards, presents, phone calls and Skype may all be appropriate depending on their content and whether the child gets very distressed if the parent makes promises about Skype calls but then forgets. [related_posts] Ideally, talk of starting an application for a child arrangements order can make a parent realise just how worried the other parent is and even if they don’t see their drinking as a problem they will try to modify their behaviour and drinking around contact times. What to do next? If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.   If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation. Cheshire Children Law Solicitors For legal help with children law and child care arrangements where there are allegations of alcohol misuse please call us or contact us online.

Whilst we are all living in unprecedented times and there are no certainties about when we will come out of the government imposed Covid-19 lockdown and know the full economic impact of coronavirus, questions are already being asked about whether the family court can be asked to change a financial court order because of the effect of Covid-19. In this blog we look at if you can ask a court to change your financial court order because of coronavirus.Online family law financial settlement solicitors Cheshire and Manchester based Evolve Family Law solicitors are working online to advise existing and new family law clients on all coronavirus related family law questions including financial issues arising from Covid 19. If you need advice on your financial court order or any other aspect of family law call Evolve Family Law on 0345 222 8 222 or complete our online enquiry form to set up a video conference or telephone appointment.Jump to: Can a financial court order be changed? Covid-19 and changing financial court orders What is a Barder event? Is Covid-19 a Barder event? Can a financial court order be changed? Many people think that once a financial court order has been made then ‘’that’s it’’ but some aspects of a financial court order can be changed by making a variation application. Examples of when you can apply to vary a financial court order include: Applying to stop spousal maintenance payments Applying to reduce or increase the amount of spousal maintenance payments Applying to extend the length of time that spousal maintenance payments are paid for Applying to discharge or vary a child support maintence requirement contained in a financial court order such as a child support court order for step-children, a top up child support order or a child support order for a disabled child Applying to end or vary a school fees order so that you are no longer required to pay school fees or the order is changed to vary the percentage amount of the school fees you are required to pay under the school fees order Asking the court to capitalise the spousal maintenance payments in the financial court order so instead of ongoing monthly spousal maintenance payment a lump sum is paid as a one off payment Applying to the court to change the mechanics for the sale of the family home if the financial court order included an order that the family home should be sold. Whilst the court won't normally change how much you should receive from the sale proceeds, the court can give directions about the sale price of the family home or say whether an offer should be accepted or say whether the choice of estate agent should be changed or to order that a family law judge can sign the legal paperwork to sell the family home if one owner refuses to do so.   These are the types of clauses contained in a financial court order that can usually be changed either by agreement with your ex-husband or ex-wife or through making an application to vary specific clauses in the financial court order.Covid-19 and changing financial court orders  Given the financial and economic impact of Covid-19 some people want to make more drastic changes to their financial court order and want to know if they can apply to change: An order to transfer the family home into the sole name of their ex-husband or ex-wife as their ex-spouse can no longer secure a mortgage to take over the mortgage liability so they want the family home sold instead An order that the amount of a lump sum payment is reduced to reflect the reduction in the value of the overall family assets because of the drop in the value of investments or in the value of a family business An order that on the sale of the family home the ex-husband or ex-wife will get a fixed amount from the equity in the family home and their ex-spouse will get the balance of the equity An order that one ex-spouse retains cash assets and the other retains more illiquid assets (such as a share portfolio or shares in a family business) that are now either difficult to sell or would have to be sold at a significant undervalue to the value given to the asset at the time that the financial court order was made.   There are many other examples of situations where one spouse now thinks that the financial court order, either made by agreement with their ex-spouse or after a contested court hearing, is now very unfair and prejudicial to them.   Court rules say that although you can apply to vary or change some parts of a financial court order (like the payment of spousal maintenance or the mechanics of the sale of the family home) you can't apply to the court to change the capital elements of the financial court order (such as the amount of a lump sum payment or whether assets should be split differently to that ordered by the court) unless you: Appeal against the financial court order – you can only do this if you can say that the family judge either got the facts or the law wrong. There are time limits in which to appeal against a financial court order Apply to change the financial court order because of a Barder event (including the capital elements of the financial court order). What is a Barder event? A ‘’Barder event’’ is when an unforeseen event invalidates the fundamental assumption on which a financial court order was based. You may therefore think that the family court will treat Covid 19 as a Barder event as none of us, politicians included, realised the significance of the flu like virus in Wuhan when news of the illness was first confirmed by the Chinese authorities on the 31 December 2019.   However for something to be deemed a ‘’Barder event’’ the family court has previously decided that: The event must have occurred after the making of the financial court order The event must invalidate the basis, or the fundamental assumption, on which the financial court order was made The event must have occurred within a short time of the making of the financial court order The application to change the financial court order has to be made reasonably promptly Permission to pursue a Barder case won't prejudice a third party who has bought or acquired an asset that is now the subject of the Barder court application.   The key to making a Barder application is to do it quickly. If you leave things to ‘’see how coronavirus pans out’’ then you may leave it too late to apply to court to change the capital elements of your financial court order. As timing of the Barder application is crucial it is best to take expert family law advice as quickly as possible.Is Covid-19 a Barder event? What amounts to a Barder event is determined by a judge using guidance issued in earlier court of appeal decisions.   In 2008, the court of appeal decided that the global financial crisis and stock market crash was not an unforeseen event because markets fall and rise. Other court cases have said that natural market fluctuations aren’t a Barder event. However, many would argue that a global pandemic, wiping billions off the value of the stock market, was neither natural nor foreseeable back in early December 2019. Whether the impact of Covid 19 on the value of a family business or on an investment portfolio is treated as a Barder event on is yet to be tested but much may depend on the particular personal and financial circumstances of your case and that is why it is best to get expert legal advice.Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are here to answer all your family law questions whether it is a coronavirus related family law question, child contact, help with leaving an abusive relationship or financial issues arising from coronavirus. If you need advice on aspect of family law call us on 0345 222 8 222 or complete our online enquiry form to set up a video conference or telephone appointment.Latest From Our Divorce Blog: