If a parent had asked me the question "After my divorce, can I move to another part of the country with my child?’’ a few months ago I would have said "Yes you can", unless the family situation was complicated. As a Manchester children solicitor it is always hard to explain to a parent why different rules apply if, after a separation or divorce, you want to relocate in the UK or abroad with your child. The law and moving within the UK with a child The law on relocating with a child within the UK not always clear. Imagine the scenario of a parent who wants to move from Manchester to Cornwall. Anyone who has made the trip by car, train, coach or plane knows that it is far easier and quicker to get to some locations in France or Spain than get to Cornwall. Until recently, our children solicitors’ advice would have been that it was unlikely that a court would stop the primary or main carer of a child from moving within the UK. That advice was given whether it was a move from Cheshire to Derbyshire or further afield, for example, to Devon. The only reported family court cases where a parent, usually the mother, had been prevented from moving within the UK with a child was when there were highly exceptional circumstances. For example, the child had a disability. The internal relocation of children and the case of BB V CC The case that is proving of such interest to Manchester children solicitors is that of a 3-year-old little boy in a family court case labelled ‘’BB V CC’’. The mother and father separated and the move took the child from South East England to the North. Court proceedings were started. The court made a shared custody or child arrangements order and said the mother would need to move back to the south with the child so that shared custody with the father would work. The child’s mother appealed against the decision. The facts of most family cases are a little more complex than the bare bones. In family cases, it can be the detail that sways a judge’s decision. In every family court case, the decision has to be about what is in a child’s best interests. In the case of BB V CC, the parents had an arranged marriage. The mother came to the UK to live with her husband at the paternal family home in London. When the child was about one the parents separated. The mother relocated to the North. The father saw this as child abduction as the mother had not discussed the plan with him. The mother made serious allegations of domestic violence against the father and his parents. The court decided that the allegations of domestic violence against the paternal family were not established. The judge was concerned that parental alienation might take place if the father was not able to share the care of the little boy. The court ordered temporary contact but said the mother should relocate back to the southeast, near to where the father resided. The court said if the mother did not move back to the southeast with the child the court would think about giving the father custody of the child. The Appeal The mother appealed against the judge’s decision. She said there were no exceptional circumstances that should require her to relocate with the child within the UK. The appeal judge decided that the care of the little boy should be shared. The court said it was not possible for both parents to share the care of their son and live at other ends of the country. The judge therefore refused the mother’s appeal. [related_posts] Parental alienation and moving after divorce In the court judgment, the judge said she thought that parental alienation might take place if the mother stayed in the northeast and brought up the child with infrequent contact with his father. The judge said the child could suffer emotional harm if parental alienation took place. Internal relocation and exceptional circumstances The judge in the case of BB V CC considered the case law and decided that a children case did not have to be exceptional in order to make an internal relocation order. The judge said that the court should assess what was in the child’s best interests, and that the child’s welfare should be the court’s paramount concern. Opposing the internal relocation of children The court decision of BB V CC is likely to increase the number of parents wanting to bring court applications to try to use the court process to stop a parent and child from moving within the UK. Our children solicitors anticipate that, for parents wanting to move, it will be argued that the case of BB V CC should be looked at on its family facts. Namely the judge’s dismissal of the allegations of domestic violence and her concerns about parental alienation by the mother if the child was brought up a long distance away from the father. The law and relocating abroad with a child The law says that if a parent wants to take a child abroad to live then they need the written agreement of the other parent or a court order giving them permission to take the child abroad to live. How can Evolve Family Law Solicitors help? To get legal assistance from our children law expert Louise Halford  about the internal relocation of children in the UK , children law applications and child arrangements orders please contact us.

Writing a Will protects your loved ones. It is, therefore, one of the most important things that you can do for your family. Why write a Will? Provides for your family and/or other beneficiaries Protects your family Clarifies how you want things to be dealt with after you have passed away Can be a means of reducing the inheritance tax payable on your estate. What is a Will? A Will is a legally binding document. It sets out how you would like your estate to be distributed on your death. Your Will can specify who will inherit and what they inherit. Your Will can offer comfort to your loved ones, knowing that you took the time and trouble to protect them with a Will. What is Intestacy? If you die without making a Will, then you die intestate. Your estate is distributed in accordance with intestacy rules. The intestacy rules are not flexible. They probably will not reflect how you would have left your estate if you had made a Will. The intestacy rules dictate who will inherit from your estate. Your unmarried partner will not inherit. only a partner in a married or in a civil partnership relationship inherits under intestacy rules. The intestacy rules mean that your relatives will inherit according to a strict order, set out in legislation. This may mean that a wealthy relative will inherit your estate rather than your partner or a deserving close friend or charity. You may view your stepchildren as your relations. However, under intestacy rules they would get nothing as they are not biologically related to you. If you have no blood-relatives, your estate will go to the Crown. Wills help the family Not having a Will makes a devastating time for your family just that bit more difficult. Having a Will in place, and ideally discussing the contents with loved ones, gives peace of mind at a stressful time. It is particularly important to make a Will if you are in an unmarried relationship or have stepchildren that you want to leave a legacy to. Wills help the family business With a family business, it is not only your family who rely on you. Your family and your employees will be looking for financial security. A will, and if appropriate, a shareholder agreement or cross-option agreement, will help provide business continuity until the business is sold or transferred to your chosen beneficiary or other business shareholders as part of the cross-option agreement. Wills help children You can appoint a testamentary guardian in your Will for any child under the age of 18. Although other family members can bring a court case to say that they want to look after your child, the appointment of a testamentary guarding is compelling evidence of who you thought would be the best person to bring up your child. As well as leaving a legacy in your Will for your child, you can protect your minor child by: Appointing trustees in your Will who deal with the legacy until your child is of an age to inherit Giving the trustees the power to advance capital or income to your child. This is in the case your child needs income to pay, for example, tuition fees Starting when your child should receive their inheritance, this could be at 18, 21, or at a later age Placing money in a discretionary trust so that your child is protected from potential future claims, for example, by an estranged spouse. [related_posts] Wills can save money on inheritance tax Writing a Will can help to reduce the amount of inheritance tax payable by your estate. If you leave all your estate to your spouse or civil partner, there is normally no tax to pay. There are other ways that you can reduce the amount of inheritance tax that your estate would pay. How much does a Will cost? Evolve is one of the first law firms to publish a price guide and fixed fees for Wills. Evolve can check and review your existing Will for you. It is sensible to get your Will checked because family and personal circumstances change or your Will may no longer be as tax efficient as it could be. If you have complex finances and businesses, and need in-depth advice on trusts, estate planning and tax or on domicile then call us for a bespoke quote. If you need a Will or a Lasting Power of Attorney, or would like a review of your existing arrangements, then please contact us    

When you are separating, a lot of words get thrown around including custody, contact, access, child arrangements, shared parenting and of course, co-parenting. I am sure that many parents' heads must spin with all the legal jargon. In recent years, one of the "buzz" words has been 'co-parenting'. What does co-parenting mean when you separate or divorce? Child Custody Terminology Perhaps the best place to start is with an explanation of all the children law terminology used to describe who the primary carer of a child is. As a children solicitor who has been representing parents in children law applications for over 20 years, I am old enough to remember the times that judges routinely made custody and access orders. I still refer to custody and access. That is because parents refer to custody and access. It is not surprising that they do, as the papers, television programmes and films all talk about custody and access. I suspect that is because the media and producers think readers and viewers are not up to date with new terminology. The law changed the name of custody orders to "residence order" and access to "contact order". Those labels didn't stick around for that many years. The current terminology for a children custody, access, residence or contact order is a 'child arrangements order'. What is a children arrangements order? A child arrangements order combines a custody and access order by specifying what time a child will spend with each parent. The terminology is meant to make both parents feel of equal value as in most family situations both parents share parental responsibility for their child. This means they have equal rights and responsibilities for their child. That is the case even if they do not spend the same amount of parenting time with the child. The rationale behind the change in terminology was to get away from the idea that there was one parent who should be labelled as "the parent with care" or the "primary carer" and an "absent pareant". What does co-parenting after separation or divorce mean? Depending on to whom you speak to, you will get a different answer about what co-parenting means after a separation or divorce. To me, co-parenting is about co-operative parenting. It is about parents sharing the care of their child after a separation or divorce. What co-parenting does not mean is a slavish equal split of time spent with each parent or an equal split of day-to-day responsibility for a child. What co-parenting does mean in practise is: Providing consistent parenting in both households, so that is some consistency of routine, of style, of style and types of discipline and of chore expectations. Communication between parents so that they know of issues in the child's life, such as a bad day at school or a falling out with a best friend. Discussion between parents so, for example, a child doesn't end up with 2 similar presents on their birthday but perhaps one joint one. Playing to parents' strengths and weaknesses. If a parent does not like football, but the child does, arranging contact around football so that the other parent shoulders the responsibility of taking the child to matches and shouting at the side-lines. Respecting the other parent and their role in the child's life, even if they do not spend an equal amount of time with the child. So, for example agreeing that a child can spend fathers' or mothers' day with the correct parent, whatever the parenting regime; or making sure a child has bought a birthday card or present for a father or mother. [related_posts] Co-parenting is all about sharing parental responsibility This can include child maintenance, but, just as importantly, it  can involve one parent supporting the other parent if they have made an unwelcome decision, such as limiting i-pad time to an hour a day or confiscated a mobile phone. The other important thing to remember is co-parenting can involve others, such as grandparents, stepparent or extended family. It can be very hard to think of others having a role in your child's life, but it is easier for the child if they can talk to you openly about life at home with their other family. As a children solicitor, I am often asked about changing parenting arrangements. We often forget that a child grows up and that the contact that works at age 8 may not suit the child's needs at age 13. Co-parenting therefore has to evolve with the changing needs of both the child and the family composition and location. After all, half siblings may arrive later to join a child in a household or a parent many have to move out of the area with their job. However a parents chooses to parent their child, I always recommend that when they are thinking about separating or divorcing, that they try to look at the parenting arrangements from the  perspective of the child's needs. Your needs may coincide with the child, but having a child-focus often makes it easier to agree on the custody, contact and parenting time. There are always some parents for whom co-parenting and agreeing on custody and contact is not an option for a whole variety of reasons. That is why, despite the changing terminology, there is always the last resort option of applying to court for a child arrangements order. For legal help with children law orders, custody and contact and parenting arrangements please contact us today

Many mothers think of themselves as single parents. Many of those mothers will not legally be sole parents as they may share parental responsibility for their child. Parents often ask me how they can get or lose parental responsibility for their child. In this blog I answer the question "can a father lose parental responsibility for his child?" We are Cheshire children solicitors If you have a question about parental responsibility or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today Mothers and parental responsibility Mothers automatically have parental responsibility for their child so usually parents want to know: Whether on separation or divorce a father has parental responsibility for his child; and If a father doesn’t have parental responsibility for a child how he can get it; and If a father does have parental responsibility for his child, whether he can be made to surrender his parental responsibility.   What is parental responsibility? Understanding what parental responsibility means is essential in order to know whether you should have it or if you need it and if parental responsibility can be lost. Parental Responsibility is the obligations and responsibilities a parent has for a child. If a parent has parental responsibility for their child, they will: Have a say in how their child should be brought up and in making major parenting decisions such as should the child change school, move abroad to live  or change religion; Have a right to receive certain information, such as school reports and copy medical records ; and Have the ability to consent to matters on behalf of their child, for example, consent to medical treatment for a young child.   Who has parental responsibility for a child? In order to know if you can make an application to court for the other parent to lose their parental responsibility you first need to know who has parental responsibility and how you can get it.   A person has parental responsibility for a child if they are: The birth mother; The adoptive parent of a child; The father of a child who Is or was married to the child’s mother; If the child was born after the 1 December 2003, and the father is named on the child’s birth certificate; Has signed a parental responsibility agreement with the child’s mother; Has a parental responsibility order. Looking after a child under a Residence Order; Parents via a surrogacy arrangement and have a parental order; A step parent of a child who has a parental responsibility agreement or court order.   How do you get parental responsibility? If you do not automatically have parental responsibility for your birth child you can get parental responsibility through: Signing a parental responsibility agreement with the mother; Applying to court for a parental responsibility order.   How can a mother lose parental responsibility? A mother can only lose parental responsibility for her child if the child is adopted.   How can a father lose parental responsibility? If an unmarried father has gained parental responsibility by parental responsibility agreement or court order then an application can be made to court to remove his parental responsibility for the child.   The court will only terminate a father’s parental responsibility if the circumstances are exceptional and the termination of parental responsibility is thought to be in the child’s best interests.   Applying to remove parental responsibility Applying to court to remove a father’s parental responsibility is rare, as the court has said that they will only remove a father’s parental responsibility if the circumstances are exceptional. The court will not terminate parental responsibility if: The child doesn’t want contact; or The father won’t see the child ; or The father won’t pay child support; or The father will not play any part in the child’s life and has ‘disappeared off the scene’.   Behaviour to terminate parental responsibility The court has always said that behaviour to justify terminating a father’s parental responsibility has to be exceptional or extreme. Being an absentee or inconsistent father is not considered exceptional or extreme.   A recent case resulted in a father losing his parental responsibility. The high court made the decision after hearing that the father referred to his autistic son as ’retarded’, used his parental responsibility to delay medical treatment for the child and had written to the mother’s neighbours referring to the child in unpleasant terms. The court thought continued behaviour of this nature would be damaging to the child.   Can a father lose parental responsibility for his child? To answer the question, yes, a father can lose parental responsibility for his child. However, this type of court application is very rare and generally, it is better that parents focus on resolving the day to day practicalities of parenting children after a separation or a divorce. That may involve shared parenting or a mainly absentee father who frustratingly wants to dip in and out of the child’s life. Even though the court will not normally strip a father of his parental responsibility there are various orders that judges will make to protect children such as child arrangements orders, specific issue or prohibited steps orders. These types of children law order do not go to the extreme of removing parental rights but can significantly limit the role a father can play in a child’s life provided it is in the child’s best interests for the father’s involvement in the child’s life to be restricted. [related_posts] If you are worried about parental responsibility or need a parental responsibility agreement or parental responsibility order or help with sorting out  custody and contact  then the expert team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today

You would think that in the 21 century we would all know what domestic abuse is. Sadly, that is still not the case. As a divorce and children solicitor, I still come across spouses and other legal professionals who talk of ‘a bit of a push' or seem to think that the inappropriate behaviour was ok because the children did not see it. The good news is that domestic violence is now in the news for the right reasons as the government is introducing a new bill that will: Introduce a legal definition of domestic abuse to include economic abuse, as well as controlling and manipulative non-physical abuse; and Stop the cross-examination of domestic violence victims by their abusive ex-partners in the family courts ; and Make domestic violence perpetrators go into behaviour-changing rehabilitation programmes ; and Make victims of domestic violence automatically able to get protection when they give evidence in criminal trials ; and Clarify how “Clare's Law” should work. This law lets the police tell a member of the public if there are concerns over about previous violence committed by their partner ; and The creation of the role of national domestic abuse commissioner. They will improve the public services response and support for victims of domestic violence. What is domestic abuse? Some forms of domestic abuse are obvious but I will list them all: Physical abuse ; this can range from extreme violence to a punch , shove or push; Sexual abuse; this can be all forms of unwanted sexual contact; Psychological or mental abuse; this can range from extreme mind games to derogatory remarks , for example ,telling someone they are a ‘’nutter’’ ; Harassment ; this can range from stalking type behaviour outside someone’s home to online harassment on social media accounts; Coercion and control; this can take many forms; from not allowing a spouse to leave the family home unaccompanied to financial control and restricting a spouse’s access to funds. Some people will not recognise all of those behaviours as abusive but they are. Response to domestic abuse As a divorce and children solicitor, I meet husband and wives’ who have been subjected to domestic abuse. Their response can be: Accepting of the behaviour ; often a spouse will be told that the domestic abuse is their fault , for example , if only they did not ‘‘wind them up’’ it would not happen; Normalising the behaviour ; thinking that it is’’ just a bit of a slap’’; Denying the behaviour ; thinking that the domestic abuse is ‘’ all in their mind,’’ often after having been repeatedly told that they are the ones with the mental illness; Responding to the behaviour ; by starting to become abusive to their spouse or others as domestic abuse has become the ‘’norm’’ within the household; Justifying the behaviour; for example saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures. However, someone responds to domestic abuse they will need help and support to come to terms with the impact of domestic abuse. The impact of domestic abuse Most experts are agreed that being subjected to or witnessing domestic abuse can lead to: Low self-esteem; Low mood; Isolation from friends and family; Indecisiveness. Often spouses take the decision to leave when they see the impact that adult domestic abuse is having on the children. A parent can be a loving mum or dad to their children but abuse their spouse. Even if the children do not always see the abuse, the atmosphere and tension can be very damaging to their welfare. [related_posts] Injunction court orders An injunction order is just one means of protecting a spouse or children from domestic abuse. An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as: Stopping an assault or harassment by an ex- partner (called a non-molestation order); Ordering one spouse to leave a family home until the court decides what should happen long term with the family home  (called an occupation order ); Removing a child from one parent’s care if child abduction is a fear; Preventing one spouse from taking money and assets until the court decides how property and assets is split in the financial settlement (called a freezing order). If you are concerned about your children, the court can also make an urgent child arrangements order. This order settles with whom the children should live and whether they should have contact with the other parent. In a crisis, the court can make temporary orders in addition to injunction orders. How do you get an injunction order? You, or your solicitor, have to make a court application, supported by a statement and evidence. The evidence you need depends on what you are trying to stop or prevent. What are the grounds for an injunction order? The grounds depend on the injunction order that is requested from the court. If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order. Is an injunction order permanent? Normally injunctions are temporary court orders designed to help a family until they or, if necessary, the court is able to make long-term decisions about the custody and contact arrangements for a child or the sale or transfer of the family home. However, an injunction order can be an essential protective measure that is needed before long term decisions can be made. Legal help with domestic abuse If you need help to apply for or oppose an injunction or children application then our specialist team of family solicitors can help take urgent steps to protect you and your family. Contact Us Today  

Whether parents are together or apart it is all too easy to fall out over the parenting of children. Sometimes it is something little like why one parent thinks it is ok to let the children put their shoes on the sofa or eat pizza every night of the week, ignoring the 5 a day rule. It is a lot harder to reach an agreement on parenting if you are separated. There can be a lot of miscommunication or assumptions made that can turn what was a relatively minor disagreement to a full blown argument, often including a debate on the other parent’s failings whilst you were living together. When this comes to gender identity in children and the law, it is often necessary to involve a children law solicitor. As an experienced Manchester children solicitor, I know this description will ring true with many families, though their big issue might be homework or the shoes off at the door rule. Imagine though if the issue with your child was bigger? It used to be the case that when parents separated the ‘big issue’, after sorting out custody and access, was whether the children should be privately educated or not. Sometimes the argument was about the money for school fees but often it was an ideological argument with one parent being opposed to all forms of private education as a matter of principle and the other parent analysing school exam results in state and private schools and concluding that private education was best. Nowadays the parenting debates and disagreements have moved on to new topics, though the old battle areas of diet and homework are still very much alive. The new topic is gender identity. If a child questions their gender identity then it is tough for any child and their parents but particularly so if the child’s parents are separated and they can't put differences aside to co-parent together or one parent has very strong views on their child’s gender identity and objects to a referral to a specialist service. Gender Identity in Children: Children Gender Identity In The News The topic of gender identity in children was in the news recently with reports that the National Health Service specialist service for children wanting to change genders has seen a 700% increase in referrals over the past 5 years, with Polly Carmichael, director of the National Health Service gender service telling the Sunday Times that some children may be caught up in something, rather than it being an expression of something that has arisen from within. Children and  gender identity is likely to continue to hit the headlines , with reports that in one secondary school there are 40 children who do not identify with their sex at birth and a further 36 who would describe themselves as gender fluid. These figures come from a council survey of children at the state comprehensive school. It is therefore likely that increasing numbers of parents will face difficult decisions as to whether treatment should be explored and, if so, at what age. But what about the parents that just can't agree on what their child should eat or time they should go to bed, let alone their child’s gender identity. If 2 parents can't agree on what is best for their child then what are the legal options? Gender Identity in Children and Applying For a Specific Issue Order Or A Prohibited Steps Order If 2 parents can't reach an agreement on the parenting for their child, and in particular on what steps, if any, to take about the child’s gender identity then either one of them has the option of starting court proceedings  for a specific issue order or a prohibited steps order. Court proceedings should be used as the very last resort after all over attempts have been made to try and agree the way forward. If the parents ability to communicate with one another has been lost then professional help such as: Mediation; or Family therapy; or Individual therapy Can help resolve parenting disputes or at least ease communications even if the parents can't agree on an important aspect of their child’s life. If a court application is made for a specific issue order the parent is asking the court to decide on a specific issue, for example, whether the child should be allowed to attend the National Health Service specialist gender referral unit. If a parent of a child has agreed to the child participating in therapy or starting to take medication and the other parent objects on the basis that the child is too young or for their own reasons  they can apply to the court for a prohibited steps order to stop the other parent from allowing the activity to happen. What about the child’s rights and wishes?   If a child is over the age of 16 they are presumed to have capacity to make their own decisions about medical treatment, even if is the treatment relates to their gender identity. If a child is under 16 the child may be able to consent to medical treatment if they are old enough to make an informed choice as a result of having sufficient intelligence and maturity to fully understand what is involved in the treatment. If parents can't agree on what is right for their child and court proceedings are started for a specific issue order or a prohibited steps order the court will look at a range of factors before deciding on whether or not the court order is in the child’s best interests. One of the factors that the court will look at is the child’s wishes and feelings. The views of an older or more mature child will obviously carry more weight than the wishes of a toddler or a 7 year old. How Can Evolve Children Law Solicitors Help in Gender Identity in Children? At Evolve Family Law we recognise that parenting is tough at the best of times, let alone when you are going through a separation or a divorce. That is why we provide help to parents who feel that they have reached an impasse with their former partner and need help to guide them through their family law options. Contact our expert children law team today For advice and information about any aspects of children law, parenting arrangements or specific issue and prohibited steps orders please  call me on +44 (0) 1477 464020 or email me at louise@evolvefamilylaw.co.uk           

Behaviour that a parent views as parental alienation may, to the other parent, be reasonable. Children solicitors and family judges do not always agree on what amounts to parental alienation either, because parental alienation is a very subjective concept. However when a parent’s attitude towards their ex-partner steps beyond the line it amounts to parental alienation. The debate is normally where the line is crossed and what should be done about it. The Definition of Parental Alienation Lord Justice McFarlane defined parental alienation as: ‘’The turning of the mind of a child against  a parent by the other parent , either deliberately or inadvertently , resulting in the child holding a wholly negative view of the other parent and that negative view not being warranted by the other parent’s behaviour to the family or in the parent - child relationship.’’     What Can You Do About Parental Alienation? If you think your children have been alienated from you because of comments or actions on the part of your ex-spouse or partner then we recommend that:   Reflect and take time to look at your behaviour. Have you made negative comments about the mother or father? If so, could they be aware of the comments and could that have escalated parental tension?     Analyse why the children may be feeling negative about contact. Could their attitude be in some way down to your behaviour or your new circumstances? For example have you had to rearrange many contact visits or not been able to get to school sports day? Do you have a new partner and stepchildren or have you moved home? Sometimes it is easy to blame your ex-spouse or partner for the children not wanting to see you. However sometimes it pays to be honest with yourself and look at whether the children’s views may be down to your behaviour or changes in your home circumstances.   Look at temporary alternatives to direct contact. If contact has stopped as your ex-spouse has said, the children do not want to see you, then still try to maintain contact. Even if you cannot see the children, you may be able to send text, emails, cards and gifts. It can be hard to keep sending notes and messages to a child and get nothing back but it is important to persevere. If your ex-spouse stops direct contact and you do not maintain indirect contact then it will be harder to restart the relationship with the children. It is hard to write and contact a brick wall but it is worth doing so that your children know that they are not forgotten.     Don’t delay If you think that parental alienation is taking place it can be hard to know what to do. Sometimes it is tempting to think that the best thing is to do nothing because you think the children will ‘’come round in time’’ or that your ex-spouse will mellow and let you see the kids. If a long time goes by without seeing the children it will be harder to restart contact. Even if you fear that you have left it ‘’too late ‘’ remember the adage that it is ‘’ never too late’’.   Take legal advice If your ex-spouse has stopped contact and it is down to parental alienation then take advice from a specialist children solicitor. Parental alienation can be difficult to prove and even trickier to sort out. It is therefore important that you get legal advice on your options.   Be open to alternative options If you get legal advice from a specialist children solicitor, they will not necessarily advise you to start court proceedings. Expert solicitors should look at a range of options and work with you to make sure that your relationship with the children is resumed as quickly as possible and without causing additional animosity with your ex-spouse. Alternatives to court proceedings for children orders include: Mediation Family therapy Counselling Round table meetings with solicitors   What Can a Judge do about Parental Alienation? If you start court proceedings and the judge decides parental alienation is a possibility, the following orders can be made: The appointment of a court appointed expert assessment to assess if parental alienation has occurred and the impact on the children ; A child arrangements order so you can have contact with the children. The contact could be built up gradually at the pace of the children; In extreme cases where a judge finds that the parental alienation has caused emotional harm the judge can change the primary carer of the child.     [related_posts] How can Evolve Family Law help you? Evolve Family Law is a niche family law firm with offices in Cheshire and Manchester. We advise on all aspects of divorce, family, and children law. All of our solicitors at Evolve are specialists in either children or family finance law. Our joint director Louise Halford has years of experience in representing parents in complex and highly emotionally charged children court proceedings. Many of her cases have involved allegations of parental alienation. Louise Halford tenaciously represents parents in children proceedings and secures children arrangement orders for access and contact in often highly complex and emotional cases. Louise Halford and the children law team at Evolve will work with you to help you reach a solution. Contact us today.

At the start of the long school summer holidays or just before children break up for their Christmas holidays I tend to get asked the question whether a father can stop a mother taking their child on holiday. A typical Cheshire children solicitor’s reply is ‘that it all depends’ and that’s not a cop out as when answering children law legal questions you need all the facts to be able to give an accurate answer. We Are Cheshire Children Law Solicitors If you need legal assistance or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today. Questions about stopping holiday contact To answer the question ‘can a father stop a mother from taking their child on holiday?’ a Cheshire children law solicitor needs to know the answer to these sort of questions: Are there any existing children court orders in relation to the child? Does the mother have a custody order (also known as a residence order or a child arrangements order); Does any existing court order state what the mother is allowed to do in relation to holidays with the child; Does the mother plan to take the child on holiday abroad and, if so, for how long? Does the mother plan to take the child on holiday in the UK, and if so, for how long; If relevant, who else will be accompanying the child on holiday (sometimes the objection to a holiday is more about mother taking her new partner on holiday with her or being joined by her partner’s children); Will the proposed holiday impact on father’s contact with the child? If so, has the mother offered alternative contact; If the holiday is abroad are there any child abduction concerns and, if so, what grounds are they based on; Have there been any previous occasions where the mother has withheld contact before or after a holiday; Are there any particular concerns about the specific holiday, for example, is the holiday destination somewhere that the Foreign Office warns UK citizens to avoid travelling to? Is the holiday destination a country that isn’t a member of the Hague Convention and there are fears of child abduction; Are there any particular concerns about the holiday dates, for example, a ski trip over the Christmas period or a holiday booking that would result in a child missing a few weeks of school; Does the child already know about the proposed holiday? Do they want to go on the holiday? [related_posts] Children law and stopping a mother from taking a child abroad on holiday If a mother has a court order saying that she is a primary carer of the child (such as a custody order, residence order or child arrangements order) then unless there are any other types of court order in place to stop foreign holidays then she will be able to take the child on holiday for a period of up to 4 weeks without first having to get the permission of the father or anyone else with parental responsibility for the child. If a father has a really genuine objection to a mother taking their child on holiday abroad they could still apply to court for a specific issue order or prohibited steps order to try and stop the holiday from taking place. The court would make a decision based on what the court thought was in the best interests of the child.   If a mother takes her child abroad on holiday without the father’s agreement or court order then she might be guilty of the offence of Child Abduction in the eyes of the Court.   Nowadays most parents don’t have a court order for custody or residence or a child arrangements order. That is because the court is normally reluctant to make a children court order unless parents can’t agree on the day to day care arrangements for their child at the time of their separation or divorce. That means if either parent wants to take the child on holiday to a foreign country they need the other parent’s agreement or a court order. It is important to put your agreement in writing so both parents know what has been agreed to.   Children law and stopping a mother from taking a child on holiday in England If a father objects to a mother taking a child on holiday in England then it is often because it will impact on their contact time with the child or the child will miss an important paternal family celebration, such as a grandparent’s ruby wedding party. If there are existing children court orders in place it may be necessary for the mother to apply to court to allow her to go on holiday with the child because, for example, the court order says father is to have contact every Saturday and she plans to go on holiday for a fortnight. Whether or not there are existing court orders in place the father could apply to court for a specific issue or prohibited steps order to stop the holiday from taking place or to ask the court for additional contact to make up for the time missed with the child during the holiday.   Should you object to a child going on holiday? That is always a difficult question for a Cheshire children solicitor to answer as so much depends on the reasons why you oppose the holiday and whether you can reach a compromise with the mother. Sometimes the fear of child abduction is such that a father has no alternative but to make a court application to stop the holiday. At other times negotiations by a Cheshire children law solicitor can sort out fair holiday and contact arrangements without needing to make a court application.