Read the latest articles on Family Law from our expert Family Law solicitors here at Evolve Family Law in Manchester & Cheshire.
We put a lot of family law legal information on our website and if you have a single question about your situation, you should find an answer in this blog.
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It is difficult making the decision to leave a husband, wife or partner. People often think that the decision to separate is easy if you are leaving an abusive partner as ending the relationship is the ‘obvious’ thing to do. As a Cheshire divorce solicitor witnessing and helping those involved in abusive relationships, I know that it is no easier to leave an abusive partner than it is to leave a caring and kind partner that you have drifted apart from. Any separation or divorce is a painful process but it can be particularly difficult when you are leaving an abusive partner. That’s why it helps if your divorce solicitor has experience of helping others separate from abusive partners.
How do you leave an abusive partner?
You may think the answer to the question ‘how do you leave an abusive partner?’ is obvious – you just get up and leave. However Cheshire divorce solicitors who work with people in abusive relationships know that it isn’t as easy as that.
If you are in an abusive relationship it is particularly important to plan your departure to make sure you and your children are safe. Here are our tips on leaving an abusive partner:
Get help and support – the support can be from friends, family, your doctor or counsellor, the police, domestic violence agency or other source. Without help you might be tempted to think that your partner has changed and that it is safe to go back or want to go back to the property on your own to pick up extra possessions or to meet your partner to hand the children over for contact;
Have an escape plan – if you are leaving a partner it is normal to discuss why the relationship hasn’t worked out and why you are either leaving or want them to go. If you are leaving an abusive partner it may not be safe to have that discussion and you may therefore either need to leave without telling them about your plans or where you are going. You may not have to leave the family home if you can get injunction orders to protect you;
Be practical – most people with abusive personalities are wily characters. If you are making phone calls or using the internet or you or the children are posting things on Facebook, think about whether your abusive partner will be able to trace you from those activities. If you are planning on leaving think what you will need to take with you so you don’t have to return to collect essential items. If the children are in school make sure teachers know why you may need to collect the children early or arrange for someone else to do so;
Protect yourself – if you are at immediate risk then don’t follow any escape plan but get immediate help from the police. If you are not at immediate risk but are worried about your safety then speak to a Cheshire divorce solicitor about getting emergency injunction orders (called non-molestation and occupation orders) or children orders (called child arrangements orders or prohibited steps orders) to safeguard your children if you are concerned about the risk of child abduction;
Take legal advice – ideally you should take legal advice before you leave an abusive partner so that you know where you stand legally and whether, for example, you can make them leave the family home , if you can change the locks or stop contact or get interim financial support;
Be strong – you probably think that you are not strong enough to leave or to withstand the pressure from your partner to return or their attempts to find you and exact revenge because you left. An honest Cheshire divorce solicitor will tell you that leaving isn’t the easy option and that you therefore need to be strong to get through leaving an abusive partner and to make sure you have the help and support you need to get through it.
Is my partner abusive?
You may think that the question ‘Is my partner abusive?’ should have a straight forward answer. However, Cheshire divorce solicitors will tell you that it isn’t uncommon for those leaving abusive relationships to not recognise their partner’s behaviour as abuse. That can be for a variety of reasons such as:
They understandably don’t want to be seen as a victim of abuse and so minimise their partner’s behaviour;
They have a very narrow view of what amounts to abusive behaviour because they don’t see psychological abuse or coercive and controlling behaviour as abusive;
They have been coached into thinking that their partner’s behaviour is normal or that it only occurs because of their unreasonable demands;
Their partner isn’t abusive to the children so it must be their behaviour that is at fault and not that of their partner.
Most Cheshire divorce solicitors understand why the abuse isn’t recognised as abuse during the relationship and therefore why it is so hard to recognise the behaviour as abuse when you are separating. After all, if you have been told repeatedly that it is you that is ‘mental’ or the one with the ‘problem’, it is all too easy to get sucked into believing that the abuse is only because your partner cares about you.
The definition of what amounts to abuse in a relationship is very wide. Nowadays courts and divorce lawyers recognise that abuse in a relationship isn’t limited to physical assaults but includes:
Verbal and emotional abuse, such as belittling you or telling you that you are mentally unwell or not a fit parent;
Financial control, such as withholding money from you so you are reliant on your partner;
Intimidation and mind games, such as telling you that they will kill themselves or leave their job so you will end up with nothing but guilt if you leave;
Exercising coercion and control, such as not letting you see your family or being unwilling to let you go out to work or to have a bank account in your own name.
There are numerous examples of what amounts to abusive behaviour in a relationship. Sometimes it takes talking to a friend, counsellor or a Cheshire divorce solicitor about your relationship to recognise the behaviour for what it is and to start to acknowledge the physical and emotional impact of your partner’s abusive behaviour on you.
Leaving an abusive partner
If you are contemplating leaving an abusive partner the number one priority is to make sure that you are safe and are empowered to do so. It is stressful leaving any relationship but if your partner is abusive the physical departure can be a dangerous trigger point unless handled carefully. Just as importantly, if you have been in an abusive relationship for a long time it can be easy to succumb to promises of change or being told that you can't leave because you won't be able to take the children with you or you won't get a penny.
It can feel as if there is no escape from an abusive partner but that isn’t the case. With the right emotional and legal support you can leave an abusive partner safely and rebuild your life.
Getting help with an abusive partner
When you live with an abusive partner it is hard to reach out and ask for help. That can be down to feelings of embarrassment or because you love your partner and want to stay in the relationship but just want the abuse to stop. Cheshire divorce solicitors find it is often the case that those in abusive relationships are too frightened to speak out and ask for help as they fear what will happen if they do. That is totally understandable as the last thing that you or they want is for your situation to be any worse than it is.
One thing that a solicitor can promise you is that if you seek help from them then what you say is totally confidential. The fact that you have taken advice from a solicitor and the advice information given won't be disclosed to anyone, unless you give your permission to do so.
If you are worried about seeing a divorce solicitor then you are welcome to come to a meeting to discuss leaving an abusive partner with a friend or member of your family. They can help give you the courage to leave, but remember that whilst friends and family can offer emotional and practical support, the decision to leave has to come from you.
If you don’t have friends or family to support you (or would be worried about things getting back to your partner) there are many supportive organisations and charities who are there to help with information and advice as well as individuals , such as your GP or a counsellor , who can support you in your decision to leave your abusive partner.
Divorcing an abusive partner
If your husband or wife is an abusive partner then a Cheshire divorce solicitor will tell you that you will have the grounds to start divorce proceedings on the basis of unreasonable behaviour. Allegations of unreasonable behaviour don’t have to include physical violence but can also include behaviour such as:
Belittling you in front of your family; or
Not being willing to let you see your friends; or
Criticising your actions and telling you that you are stupid.
If you are dealing with an abusive husband or wife you will need a Cheshire divorce solicitor who can stand up to your partner, make sure that you and your children get the legal protection you need , but who will also ensure that your voice is heard and help you make your own decisions about what you want.
Children and leaving an abusive partner
It isn’t unusual for Cheshire divorce solicitors to be told that someone has stayed in an abusive relationship for years ‘for the sake of the children’. That can be down to a whole variety of factors, such as:
Your abusive partner has told you that they will get custody of the children and they won't let you see the children because they will turn the children against you;
You think that you would have to leave the family home and you are worried that this will affect the children ;
The children love their other parent and you don’t want them to grow up in a single parent family;
The timing to separate isn’t right because of a child’s exams or the start of primary or secondary school.
Cheshire divorce solicitors will tell you that all the research into children and separation and divorce shows that:
Children are remarkably resilient;
More often than not children know when there is something wrong with their parent’s relationship. Although the children may not have seen any domestic violence or physical assaults, because you have protected them, they can still pick up on the vibe in the household and be emotionally affected by it;
Children prefer to live in two households rather than have their parents living together but in an abusive relationship with a toxic atmosphere.
It is natural to feel very anxious about childcare arrangements if you are planning to leave an abusive partner. The first priority is to ensure that you and the children are safe from any domestic violence (or the children witnessing it) so injunction applications can be made to safeguard you and the children. In addition you can apply for a child arrangements order. In an emergency a child arrangements order can be made quickly to protect the children. A child arrangements order can:
Say the children should live with you – on a short term or long term basis;
Set out if the children should see your partner, and if so, whether the contact visits should take place in a supervised setting (for example at a contact centre or in the presence of a member of your family or a trusted friend) and spell out the safe handover and collection arrangements.
If you and your abusive partner have to go to court to sort out the child care arrangements it is important that:
Your husband or wife's abusive behaviour and its impact on you and the children is explained by your solicitor as part of the court process; and
The court looks at whether a finding of fact hearing is needed to decide on the domestic abuse allegations before it makes orders under the Children Act.
If a finding of abuse is made then the court should only make a child arrangements order and contact with the abusive parent if the court believes that the physical and emotional safety of you and your children can be protected before, during and after the contact.
Many divorcing partners are adamant that they want their children to see their other parent, notwithstanding the fact that there has been abuse within the relationship. That is because they want their children to have a relationship with both parents. If you are satisfied that the children will be safe during contact then it is then essential to ensure that you are also safe during the handover of the children for contact. For example, you may not want your abusive partner coming to the house to collect the children but would prefer a neutral handover where there is less chance that your partner will ‘kick off’ or say anything that will upset the children.
A specialist Cheshire divorce solicitor can either represent you in court proceedings for a child arrangements order so that your children live with you, or to stop or limit contact or can help you negotiate the parenting arrangements on a short term and long term basis.
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Leaving an abusive partner and getting a financial settlement
It is natural to worry that even if you are safely able to leave an abusive partner that they will make sure that you ‘end up with nothing’. Cheshire divorce solicitors are experts in making sure that not only are you protected from an abusive partner but that you also receive a fair financial settlement and that you are not bullied or coerced into accepting less than you need or are entitled to.
Divorce solicitors can either negotiate with your ex-partner or start financial court proceedings . Whether you negotiate or start court proceedings the important thing is that you have a solicitor on your side making sure you have the information and financial disclosure orders necessary to make financial decisions and that any financial settlement is reality tested to make sure that the financial court order meets your needs and is capable of enforcement if your partner remains difficult and uncooperative.
Abusive partners tend to be bullies and don’t want or like anyone standing up to them. Courts don’t like bullies so whether you are being physically assaulted, emotionally abused or financially controlled there is help available from Cheshire divorce solicitors and the family court, for example help to:
Physically protect you – through the making of non-molestation and occupation injunction orders;
Financially protect you – through the making of child support, spousal maintenance , property and pension orders and orders to enforce compliance if your abusive partner won't comply with court orders;
Protect the family – through child arrangements orders to ensure your children are safe.
Evolve Family Law solicitors are approachable and friendly. We provide the expert divorce, children and financial settlement advice that you need when you are separating from an abusive partner and need someone on your side. Contact us today and let us help you.
I have considerable experience in divorcing a narcissist. That’s because as a Cheshire divorce solicitor many people ask me for help in sorting out their separation or divorce. Some family clients tell me at our first meeting that their husband or wife has a narcissistic personality disorder. Other clients think that their husband or wife behaves unreasonably and that their spouse has some of the traits of a narcissist. Dealing with a spouse with a narcissistic personality is difficult, especially when you are trying to divorce and move on with your life. That’s why it helps if your solicitor has experience of divorcing a narcissist.
Is my spouse a narcissist?
In any blog on divorcing a narcissist, it is important to look at some of the essential traits of a narcissist to help you understand if your spouse has narcissistic personality characteristics.
The Oxford dictionary defines a narcissist as a person who has an excessive interest in or admiration of themselves. Narcissists are said to have the following personality traits:
A sense of self-importance;
A sense of entitlement;
Requiring praise and attention;
Willing to exploit and use others without feeling a sense of guilt or shame;
Able to demean and belittle other people without worrying about the impact of their behaviour;
Able to live in their own fantasy world where they are the centre of attention.
Do any of those traits sound like your husband or wife? If so, you may need help from a counsellor or, if you have decided to separate or divorce, from a specialist Cheshire divorce solicitor.
Getting divorced from a narcissist
It is stressful going through a divorce, even when it is amicable. However, when your husband or wife is a narcissist it can feel as if there is no escape from your marriage. There is, but you will need support, both legal and emotional.
If you are married to someone who exhibits narcissistic traits or has a narcissistic personality disorder then you have to accept that your husband or wife won't think that they are at fault or that anything they do is wrong. It is therefore pretty futile to have direct discussions on the reasons behind why you want to get divorced in the hope that they will understand your point of view. If they are a narcissist they won't.
Any discussion about your marriage and separation will be turned by your husband or wife into a tirade on looking at the impact of what is happening on them, rather than the impact on you or the children. If you have the sort of personality that gets stressed or you know you will end up too frazzled to deal with the separation if your spouse starts to belittle you, then it may be best to leave things in the hands of your divorce solicitor. A solicitor who has experience with narcissistic personality disorders and divorce will have the strategies to be able to sort out your separation and divorce.
Divorce proceedings and narcissists
If you are married to a narcissist then you can be confident that you will have the grounds to start divorce proceedings against them. That is because, under current divorce law, you can start divorce proceedings if your marriage has irretrievably broken down and your husband or wife has behaved unreasonably.
What counts as unreasonable behaviour is the typical behaviour of a narcissist. For example:
Belittling you in front of friends or family; or
Not being willing to share household tasks; or
Prioritising themselves and their interests above anyone else , including the children; or
Not being willing to listen to you; or
Making you feel at fault, for example, by saying you are the one who is mentally ill or who is a poor parent.
Divorcing someone with a narcissistic personality disorder isn’t easy. Often they will say that the marriage hasn’t irretrievably broken down (when it clearly has) or they will deny all responsibility for their behaviour and say that they will defend the divorce proceedings. If you are dealing with a narcissist husband or wife you need a strong, no-nonsense solicitor on your side who won't get caught up in your spouse’s tirades but instead will focus on your divorce and sorting out the arrangements for the children and the financial settlement.
Getting help with a narcissist spouse
When you are separating or getting divorced from a narcissist spouse then you need all the legal and emotional support you can get. Your friends and family may not realise what you have been through and are currently coping with. That is because your spouse may present a ‘front’ to the outside world where he/ she appears charming and worried about you and your ‘breakdown’.
First and foremost there is no point in challenging what your spouse is saying to friends and family. If you do then it is only likely to fuel matters as your husband or wife won't be able to see the error of their ways as they are only able to see things from their perspective. That can be very hard for you to cope with. That’s why seeing a counsellor or therapist can really help you see the situation you are in for what it is, rather than accepting your spouse’s interpretation of events based on their fantasy world where you are the only one at fault.
Divorce and the narcissist parent
When you are divorcing a husband or wife with narcissist traits or who has a narcissistic personality disorder it is easy to feel very guilty about your children and in a quandary about what to do about childcare arrangements. Whilst your spouse is only likely to be interested in themselves, they may ask the court to order that the children live with him or her as part of their mind control games or because they know their stance will frighten you.
Whilst it can be tempting to say that a parent with a narcissistic personality disorder should not have contact with their children after the separation or divorce this may not be realistic. For example, older children may want ongoing contact with the other parent or you may need help with childcare. What’s more if you say that you do not want your child to have contact with the other parent they may raise accusations of parental alienation although all you are trying to do is to protect your child from a parent with a narcissistic personality disorder.
If you and your spouse end up in court over the childcare arrangements it is important that:
Your husband or wife's narcissistic traits are outlined neutrally; and
The impact of their behaviour on you and your children is fully explained. That is important because many of the behaviours of a narcissist amount to abuse, such as controlling or coercive behaviour.
In children court proceedings a court has to carefully consider any allegations of domestic abuse . Abuse includes emotional abuse or psychological abuse of you or the children. If a finding of abuse is made then the court should only make a child arrangements order and contact with the narcissistic parent if the court is satisfied that the physical and emotional safety of the child and the parent with whom the child lives can, as far as possible, be secured before, during and after the contact.
An experienced Cheshire divorce solicitor can put the case in children proceedings for expert reports on a parent with narcissistic personality disorder or narcissistic traits. A psychologist or other expert can be asked to report on either the parent or on the whole family and assess the impact of the narcissistic parent’s behaviour on you and the children.
Many divorcing partners are wary about labelling a narcissistic parent an ‘abuser’ but it is important to recognise that abuse isn’t just physical and the effects of coercive and controlling behaviour can be insidious on you and your children. A specialist Cheshire divorce solicitor can help you recognise that and work out childcare arrangements that best protect your children or can robustly represent you in court proceedings.
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How to get a financial settlement from a narcissist
Normally a Cheshire divorce solicitor will recommend that they negotiate with your spouse to reach a financial settlement. If your spouse is a narcissist or has a narcissistic personality disorder then the advice may be different. That’s because it can be impossible to negotiate with a narcissist as they always think they are right and can't see anyone else’s point of view, other than their own. To the narcissist it is all about their financial wants and needs and not yours or the children’s needs.
If you start financial court proceedings there is a court timetable put in place so your spouse can't delay or prevaricate and the judge can ultimately decide on what financial orders are made. No one likes to think that a judge will take control of the family finances and make a financial court order deciding whether, for example, the family home should be sold or if you should get a share of the pension or the family business. However, when you are dealing with a narcissist there may be little alternative as your spouse won't be prepared to compromise.
You may think that you know your spouse and that even if the family judge makes an order to transfer the family home into your sole name that your spouse will not sign the paperwork to do so. The court is used to dealing with spouses who won't co-operate so, if necessary, the judge can sign the property paperwork on behalf of your spouse. The court also has the power to make financial disclosure orders and to draw adverse inferences if your spouse just won't accept the authority of the court.
Narcissistic spouses like to think that they are very powerful, during the relationship and during the divorce, children and financial proceedings. That is why it is so important that you chose a divorce solicitor who won't be intimidated or fazed by your spouse’s behaviour. Instead your divorce solicitor will focus on securing your divorce and obtaining children and financial court orders that best meet yours and your children’s needs.
Evolve Family Law solicitors are approachable and friendly providing expert divorce, children and financial settlement advice with experience in handling divorces where a spouse has a narcissistic personality disorder. Contact us today and let us help you
As a children solicitor, I hate abbreviations. I think they confuse parents and make children court proceedings seem more complicated than they really are.
If you are thinking about applying to the family court for a custody or access order (called in court language a child arrangements order ), you will come across the abbreviation ’’CAFCASS’’.
CAFCASS stands for ‘’the children and family court advisory and support service’’. I think most people would agree that is a bit of a mouthful.
A CAFCASS officer is called a variety of names, including family court reporter and CAFCASS worker or reporter. Many of the names are interchangeable, adding to parents’ confusion.
What is a CAFCASS Report?
A CAFCASS report is a report that is ordered by a family judge for use in children court proceedings.
The CAFCASS report can also be referred to as a ‘’section 7 report’’. This abbreviation relates to the section of the Children Act 1989 that authorises the production of reports.
Who Can Ask for a CAFCASS Report?
Many parents think that in all children court proceedings a CAFCASS report is prepared or that they can ask for a report. A CAFCASS report is not necessary in every children court case. Furthermore, only a family court judge can decide if a report should be obtained and how detailed the report should be.
A judge can ask that a CAFCASS report look into the children’s wishes and feelings or the judge can ask for a more detailed report asking the CAFCASS report writer to make recommendations about what he or she thinks would be best for the children.
A parent or their solicitor can ask a judge to order the preparation of a CAFCASS report at a first directions hearing of a children application. If you would like a CAFCASS report, careful representations have to be made as to why a report should be prepared.
If a judge does not follow the recommendations in a CAFCASS report, the judge has to explain why the recommendations have not been followed.
What Goes Into a CAFCASS Report?
A CAFCASS report writer will decide whom they need to speak to in order to prepare their report.
A CAFCASS report writer will speak to both parents and will normally speak to the children who are the subject of the court proceedings. A CAFCASS report writer may also speak to a nursery worker, teacher or other relevant professional.
A CAFCASS report writer will say what they think the child’s wishes and feelings are and may say what parenting arrangements would, in their opinion, be in the child’s best interests.
If facts are disputed, for example whether an incident of domestic violence took place, it is not the job of the CAFCASS report writer to decide whether the incident took place or not. That is the job of the family judge.
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How Does a CAFCASS Report Writer Interview a Child?
A CAFCASS report writer’s interview technique will depend on the age and understanding of the child and the family circumstances.
A CAFCASS report writer will not ask a child to decide between parents.
How Long Does a CAFCASS Report Take to Prepare?
The time that a CAFCASS report takes to prepare depends on what the judge asks the CAFCASS report writer to cover in the report and how busy the local CAFCASS service is.
Sometimes a judge will ask a CAFCASS report writer to prepare an interim report, for example on short-term contact arrangements until the final hearing of the children application.
On other occasions a judge may ask for a second CAFCASS report, often referred to as an ‘’addendum report’’.
Does a Judge Have to Agree with the Recommendations in a CAFCASS Report?
A judge does not have to agree with what the CAFCASS report says. However, a CAFCASS report is normally highly influential. In the vast majority of children court applications, the court will make parenting and child arrangements orders as recommended by the CAFCASS report.
For legal assistance responding to children court proceedings please contact our expert children lawyers today
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.
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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.
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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.
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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.
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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.
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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
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