When parents cannot agree over the arrangements for their children after separation or divorce, they do not necessarily need to apply for custody or a child arrangements order. Instead, their legal remedy may be an application under the Children Act for a specific issue order.   What is a Specific Issue Order? A specific issue order is an order made by a judge of the family court. The order decides an issue that is in dispute in connection with any aspect of the exercise of parental responsibility for a child.   It is hard to explain what a specific issue order is and what it is used for without using examples of situations where parents have applied to court for specific issue orders.   Examples of Specific Issue Orders A family court judge can decide on almost any aspect of parental responsibility if a parent applies for a specific issue order.   The most frequent types of specific issue order applications are about: Whether a child should be educated privately or state educated; The specific choice of private school or nursery. To some parents a school’s education and examination record is the key factor in choice of school. However, to the other parent, the distance from home or the quality of pastoral care or the fact that they went to a particular school are the reasons why they are at loggerheads with the other parent over the choice of school; Whether a child should observe a particular religion and attend religious ceremonies or go to a religious school; Whether a child should follow a gluten free or meat free vegan or vegetarian diet ; Whether a child should be baptised or circumcised ; Whether a child should be allowed to change gender; Whether a child should be immunised; Whether a child should be given a new first name or surname ; Whether a child should go to a family event, such as a second wedding or act as bridesmaid or pageboy. There are many other specific issue order topics. That is because the ‘’burning issue’’ in every family or separated family is always different. Therefore specific issue order applications are as individual as the families who struggle to agree on parenting decisions.   How Do You Agree a Specific Issue?     The best children law solicitors will not just give you the option of applying to court for a specific issue order from a family judge. That is because there are alternative options to making an application to court for a specific issue order. For example, you could: Have direct discussions ; with the help of a solicitor in the background; Go to a round table solicitor meeting ; Attend family mediation ; Use family arbitration; Attend family counselling. In appropriate family cases, mediation or counselling sessions can involve the child if the child is old enough to express an opinion and the child’s parents and professionals think that involving the child in the discussion is right for the child. [related_posts] Deciding a Specific Issue Order Application   The way a judge decides a specific issue order application is no different to how a judge decides on a child arrangements order application. That is because the judge has to consider and apply the same welfare criteria to make a decision.   A judge decides a specific issue order application based on what the judge believes is in the child’s best interests. The judge must consider a number of statutory factors (known as the welfare checklist) when making court decisions about children.   The Children Act 1989 welfare checklist lists the factors that the judge considers, including: The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; and The child’s physical, emotional and educational needs; and The likely effect on the child of any change in his/her circumstances; and The child’s age, sex, background and any characteristics the court considers relevant; and Any harm which the child has suffered or is at risk of suffering; and How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs; and The range of powers available to the court. The judge will carry out an assessment, of what they believe to be best for the child after considering the evidence and the welfare checklist.   It is not unusual for parents who are living together or who are separated to fall out over a specific issue relating to the parenting of their child , for example one parent not wanting the child to meet the new partner of their former spouse. There is often no one right or wrong answer when it comes to a specific issue order, as in most cases both parents think their standpoint is in their child’s best interests.   If you cannot reach an agreement over a parenting decision then the best option is to take some legal advice so you know where you stand legally and whether a specific issue order is a reasonable step to take in the interests of your child.   For legal help with any aspect of children law please contact our expert children lawyers today

If your son or daughter is getting divorced then, as a grandparent, it is a traumatic time. You may not agree with your child’s decision to separate from their husband or wife or get on with their new partner. You may not like how your child is being used as a pawn by their warring parents. This blog looks at what rights grandparents have in a divorce.   Grandparents and Children Law Cheshire children law solicitors have seen a marked rise in enquiries from grandparents wanting to know about their right to see their grandchildren following the separation or divorce of their son or daughter.   Children solicitors put the rise in enquiries about grandparent rights down to: Grandparents having a better understanding that they do have some rights from organisations set up to help grandparents and from social media; Grandparents being actively involved in bringing up their grandchildren and not wanting to lose contact or their close bond with their grandchild because of a divorce; Newspaper reports about cases where grandparents have made successful applications to obtain family court orders to enable them to see their grandchildren and maintain their relationship with them.   Grandparent Rights Some grandparents and parents assume that there is a special ‘’grandparent application’’ that a grandparent cam make to secure access to their grandchild. Top Cheshire family law solicitors say that there is no special application available for grandparents.   If a relative of a child wants to see a child and the parent or parents object to contact then the relative (including grandparents) can make an application to the family court under the Children Act 1989.   Normally a grandparent wants an order that they can see their grandchildren on a regular basis. This type of family court order used to be called an access order or contact order. The terminology has changed and if a grandparent wants access to or contact with a grandchild they need to apply to court for permission to apply for a child arrangements order .   When a grandparent finds out that they need to ask the court for permission to apply for a child arrangements order, the court process can seem unnecessarily complicated and cumbersome. After all, a parent or anyone else with parental responsibility for a child does not need to first ask the court if they can apply for an order. However, specialist children solicitors say that grandparents should not be put off from making a court application for a child arrangements order just because they need to ask for permission to apply for an order.   Applying for Permission If a grandparent has had a close relationship with a grandchild and they are being stopped from spending any time with their grandchild then generally the court will grant permission to make the court application for a child arrangements order.   Once permission has been granted to apply for a child arrangements order then the court application will proceed in exactly the same way as a parent applying for contact or an order to see their child. [related_posts] Grandparents and Child Arrangements Orders    When a court is asked to make a child arrangements order it will look at whether or not the court thinks that the order being sought is in the child’s best interests, taking into account a range of factors known as the ‘’welfare checklist’’.   The court will undertake a similar exercise whether a parent, aunt, sibling or grandparent makes an application for a child arrangements order. However, courts do increasingly understand just how important a grandparent is in a child’s life and how vital it is for children to maintain a relationship with their extended family after a separation or divorce.   For legal assistance with grandparent rights please contact our expert children law solicitors today

We all know that children are priceless and that we will do anything for our kids. However when a couple decide to separate or divorce a lot of emotional energy and money can be spent on sorting out who has custody of the children or, for example, if the children should be allowed to  move abroad with one parent or how much access or contact time one parent should enjoy with the children.   Children Court Proceedings and Cost Orders Many parents think that if they get custody of their child (called a child arrangements order ) or get the type of access they asked for or if a judge stops a child moving abroad to live with one parent then as they have ‘’won ‘’ the court case, the court will make a costs order in their favour.   Cheshire children law solicitors will tell you that it is very rare for a court deciding a children case to make an order for costs. The normal costs rule in children law proceedings is that ‘’no order for costs’’ will be made. That means each parent has to pay his or her own legal fees.   The court in children court proceedings does have the power to make costs orders. However, a family judge will only consider making a costs order in cases where the conduct of a party has been reprehensible or unreasonable. That is a pretty high bar. That is why most children law solicitors advise, at the outset of court proceedings, that the parent should assume that they will not get the court to make a costs order in their favour.   Costs Orders and Unreasonable Behaviour A recent example of where the family court was persuaded to make a cost order in child abduction proceedings is the case of Re J (Children).   The background to the court case was that a mother applied for court permission to take her children to Ukraine for the purpose of a holiday. The children did not return to the UK at the end of their holiday. The father started court proceedings for the return of the children and a number of court orders were made. They were not complied with.   The judge made a cost order against the children’s mother and maternal grandfather. This was because the judge thought the mother had duped the father and the court and had never planned to return the children to the UK after the court gave her permission to take the children on holiday.   The maternal family appealed against the cost order but the appeal court decided that as court orders ordering the return of the children to the UK had been flouted it was appropriate to depart from the usual rule in children law proceedings that both parents pay their own legal fees. [related_posts] Children Court Proceedings and Costs Although the father, in the case of Re J, was successful in securing a costs order Cheshire children law solicitors still urge parents contemplating starting court proceedings to go ahead on the basis that the overwhelming likelihood is that each parent will pay their own legal costs.   That is why it is vital that parents choose their children law solicitor with care to make sure that not only is the solicitor an expert in children law but they explain fully the court options and the potential costs involve and provide a transparent price guide .    For assistance with your child custody and contact case please contact us.

Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.   Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.   Top tips on how to deal with parental alienation Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious. For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child. As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:  Take legal advice quickly If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly.  If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you. If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order. If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child. Do not blame the child It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse. Do not blame the parent When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.  Do not walk away The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you. Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order. Find time for other things in your life If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings. What will the court do if it thinks that parental alienation has taken place? If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child. How can Evolve Family Law help you?   Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.   Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution. To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk

Evolve Family Law is delighted to announce that Claire Gatley has joined the Holmes Chapel office of Evolve Family Law. Claire Gatley is a Cheshire family solicitor and advises on divorce and cohabitation relationship breakdown, financial settlements, and children law cases. Claire joins Louise Halford, co-founder of Evolve Family Law and one of the North West’s leading experts on children law and child abduction at Evolve Family Law’s offices in Holmes Chapel. Claire, who is a Cheshire resident, is passionate about helping people resolve their family law and children access and custody issues after separation or divorce. Claire says ‘’ I have been made to feel really welcome at Evolve Family Law. It is lovely to join such a caring and friendly firm of solicitors. As a local Cheshire resident, I think it is brilliant that a firm like Evolve Family Law combines Manchester city centre legal expertise, up-to-date technology, with old-fashioned attitudes to client care and taking time with family law clients to listen to their needs and goals’’. ‘’Although I have only recently joined Evolve Family Law what really struck me, from day one, was how everyone cares about their colleagues and clients. That makes for a great working environment and a relaxing client experience’’. ‘’I have always had a passion for family law and for helping people. I am brimming with enthusiasm to help Louise Halford and the team at Evolve Family Law achieve the best  family law outcomes for clients , whether they are seeking a divorce, need to reach a financial settlement or require specialist legal advice on a child arrangements order or child custody’’.      Commenting on Claire’s move to the Holmes Chapel Cheshire offices of Evolve Family Law and the continued expansion of the family law team, Louise Halford said: “Claire Gatley is a very welcome addition to the family law team at Evolve Family Law. She has lots of enthusiasm, a ‘’can-do’’ attitude and a sunny, caring personality. That is evidenced by her willingness to go the extra mile with her commitment to charity fund raising having ran half-marathons and leaping out of a plane. I am confident that all our family law clients will really appreciate Claire’s caring attitude and hard work on their behalf’’.   ‘’The addition of Claire Gatley to the family law team at Evolve Family Law and our continued expansion plans put us firmly on the path towards becoming the first choice legal advisors for local clients from all backgrounds in Cheshire and Whitefield, Manchester.” Evolve Family Law Holmes Chapel office is located at 4 The Clock Tower , Manor Lane , Holmes Chapel , Cheshire CW4 8DJ. [related_posts]

Many parents think that school fees are covered by child support. That is a reasonable assumption as, after all, if your child attends a private school then the school fees are part of the financial support that they need.  The types of family maintenance payments Child support and family maintenance can be rather confusing as a parent can receive any of the following:  Child support through an assessment by the child maintenance service;  Child support through a top up child support court order – this order can only be applied for if the child maintenance service has carried out a maximum child maintenance service assessment; Child support through a family court order to cover any additional costs a child with a disability may incur; Payment of school fees through a court school fees order; Maintenance paid to a parent, referred to as spousal maintenance ;  Maintenance payable to help support a child and a parent and therefore a combination of child support and spousal maintenance. Global maintenance is paid through a court order. Are school fees covered by child support? School fee payments are not included in any child support payments that are determined by the child maintenance service. If the court makes a child maintenance order the school fees will not be included in the maintenance amount.  When the child maintenance service calculates child maintenance , they use a strict mathematical formula. This formula does not consider the costs incurred in caring for the child, or school fees, but focuses on the income of the parent liable to pay child support. If a child attends a fee paying school or a parent wants to enrol a child at a private school then either the school fees are paid: On a voluntary basis by the separated parent ; or An application is made to court for a school fees order. Will a school fees order cover the full amount of the school fees?   The school fees order will not necessarily cover the full amount of the school fees. A parent could be ordered to pay all of the fees or to contribute towards the school fees. The court will decide how much a parent should pay toward school fees based on both parent’s respective incomes and reasonable outgoings. The court will look at the affordability of school fees, taking into account the child support and any spousal maintenance payments that are payable as well as the payer’s other financial commitments, such as their mortgage payments. What happens if a parent says they cannot afford to educate a child privately? Prior to a separation or divorce, a child’s parents could have decided that it would be best for their child to be educated privately. Sometimes a parent will decide that they can no longer agree to their child going to a fee-paying school when the child reaches primary or secondary school age. Alternatively, a parent may say that the child should be withdrawn from their current private school and enrolled in state education. If the parents of a child cannot agree on whether their child should go to a private school or be state educated either parent can apply to court for a specific issue order. A specific issue order will state what school the child should attend. If the objection to private education is purely based on the affordability of the school fees then an application for a school fees order may be more appropriate. [related_posts] Can the court change a school fees order?  If the court makes a school fees order either parent can apply back to the court to vary the order, for example: A parent ordered to pay all the school fees may say that he or she should only pay 50% of the fees now that the other parent has had a pay rise and is on a similar salary; A parent ordered to pay all the school fees could apply to the court to terminate or stop the school fees order because of his or her suffering a reduction in income or an increase in their reasonable outgoings making the continued payment of school fees unaffordable.  The interplay between the child maintenance service, the court and child support, spousal maintenance and school fees orders can be tricky for parents to grapple with. It is always important that the topic of private education is raised early so that parental decisions can be taken jointly, or if parents cannot reach agreement, there is time to ask the court to make a specific issue order or school fees order before the start of the school term.  For legal help applying for a specific issue order, a school fees order or on any other aspect of children law please contact us  

Every fiancée (or rather their family solicitor) should ask the question, “What happens if you sign a prenuptial agreement and your husband dies?’’ before a prenuptial agreement is signed. This is because although prenuptial agreements record how assets will be divided should a couple separate or divorce, the agreement can also set out how much a spouse will receive if their husband or wife dies. The prenuptial agreement could state that a spouse cannot make a claim against the estate if the will is consistent with the terms of the prenuptial agreement. Many people query the point of putting in details of what a husband or wife will receive following their spouse's death, in the prenuptial agreement. After all, prenuptial agreements are about separation or divorce and wills are for death and estate planning.  However, as Manchester divorce solicitors we normally say that it is a good idea to detail what provision will be made available to a spouse in the event of a death. This is especially the case where there are children from earlier relationships to consider or where a spouse does not plan to leave their entire estate to their husband or wife. The Case of Mrs Hendry The widely reported case of Mrs Hendry is an excellent example of why it is important to have a prenuptial agreement and how it can assist if there is a claim against the estate. Mrs Hendry came from the Philippines to marry her husband. Mr Hendry already had two adult children from a prior relationship, the youngest of whom was twenty-one at the date of Mr Hendry’s death. The marriage between Mr and Mrs Hendry did not last. Mrs Hendry filed for divorce and asked the family court to give her half of Mr Hendry’s assets. Mr Hendry died before the family court decided how the money should be divided. Mr Hendry’s will left his estate to his children and Mrs Hendry was left a small pension. Negotiations started between Mrs Hendry and the two children. Mrs Hendry wanted half the estate of her late husband. The children initially offered her what she would have got under the couple’s signed prenuptial agreement. They later offered her a third of the estate. Agreement could not be reached between the widow and children, resulting in Mrs Hendry making a claim against the estate. Mrs Hendry asked the court to make ‘’reasonable provision’’ for her from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. The judge rejected the claim because Mrs Hendry had not made the application within the six-month deadline from the date of grant of Probate. What makes the case interesting to Manchester divorce solicitors and lawyers advising on wills and claims against estates is that Mr and Mrs Hendry signed a prenuptial agreement prior to the marriage. The prenuptial agreement said, in the event of a divorce, Mrs Hendry would get a payment of £10,000 and a one-way ticket back to the Philippines. It is not clear from the media court case reports what, if anything, the prenuptial agreement said about what would happen if Mr Hendry predeceased Mrs Hendry. However, the judge dealing with the estate claim commented on the fact that the prenuptial agreement only made limited financial provision for her. In the case of Mrs Hendry, she was time barred from making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, if she had not been time barred, the fact that she had signed a prenuptial agreement and was separated from Mr Hendry at the time of his death would have been weighed up, together with  the circumstances surrounding the signing of the prenuptial agreement and the needs of Mr Hendry’s children. [related_posts] What can we learn from the case of Mr and Mrs Hendry? There are some simple lessons we can take from this particular case: The importance of signing a prenuptial agreement, and preferably detailing what provision should be made on both divorce and death for a spouse (the estate provision is normally more generous if the couple are living together at the time of the spouse’s death); The need to review wills after a separation or divorce and, if necessary, amend them and/or provide a letter of explanation for testamentary bequests; The importance of complying with deadlines if you want to make a claim against an estate and the benefits of taking specialist legal advice.   For help with prenuptial agreements and financial settlements on divorce or claims against estates please contact us

When your child passes out of its toddler years and reaches the age of four, parents experience a sense of achievement. That is how co-founders, Louise Halford and Robin Charrot, feel about Evolve Family Law’s fourth birthday. Their law firm helps clients with all aspects of private family law, from divorce and relationship breakdown, to financial settlements, child custody,  nuptial and cohabitation agreements to Will writing, Lasting Powers of Attorney and estate planning. Just over four years ago, Evolve Family Law was little more than a pipe dream for the two busy Manchester city centre family law solicitors. The pair decided that not only could they set up a niche family law practice but that its ethos would be different; solicitors who put their clients before profit, really listen to their clients, be constantly ‘on-call’ and deliver great results, with the client the focus of all they do. Fast forward four years and Evolve Family Law has grown from a team of two to twelve, operating out of offices in North Manchester and Holmes Chapel, Cheshire. To what do Louise Halford and Robin Charrot attribute the success of Evolve Family Law? They say a combination of factors; divorce and family law clients who have spread the word to friends and family about Evolve Family Law combined with a fantastic team of solicitors and support staff who are all committed to making Evolve Family Law the success it is. Louise Halford, specialist child law solicitor, says ‘’ Robin Charrot and I knew that we did not want to create just another law firm. Our ambition was to create something different, a law firm that cares. Despite Evolve Family Law’s growth and evolution over the last four years into a thriving and expanding law firm, the passion to put the client at the heart of everything Evolve does is as strong as ever with the focus on dedication to client service and listening to clients to get the family law outcomes that are best for them’’.    When asked about the firm’s plans for the next four years Robin Charrot, divorce and financial settlement solicitor said; "Our goal is to make Evolve Family Law the first choice legal advisors for North West family clients from all backgrounds with its personalised, specialist expertise at affordable rates, delivered by approachable, friendly solicitors". [related_posts]