Children Law

One of the most emotive topics after a separation or divorce is whether the children should live with their mother or father. Other key questions are whether the care of the children should be shared equally, and if the children are going to live with their mother, how often can the father see his child or children. In this blog, children law solicitor Louise Halford examines the law on child contact after a separation or divorce and answers your question ‘how often can a father see his child?’ Do children always stay with their mothers after a separation or divorce? It used to be the case that after a separation or divorce most children lived with their mother and the father had contact. In many families that remains the position. However, instead of it always being assumed that a child will live with their mother nowadays all options are on the table, including the child living with his or her father and the child having contact with the mother or a shared care arrangement. It isn’t so much that the law has changed but societal attitudes and working practices have changed. For a long time, the court has focussed on what children law order is in the best interests of the child when determining child custody and contact applications. When, in the past, a father traditionally went out to work and the mother was a housewife or worked part-time, it was often thought best that a child should continue to live with the primary care giver or the parent who was available to meet their day-to-day needs. With both parents now often working full-time or with a father being able to work from home, the best interests of the child may be best served by the child living with their father or a shared care arrangement. Is a father entitled to shared care if he wants to co-parent his child after a separation or divorce? Although much is written in the media about shared parenting being the norm or ideal, neither a mother or father is ‘entitled’ to share the care of their child after a separation or divorce. That’s because if parents can't agree on the childcare arrangements for their child and the court is asked to make a child arrangement order, the court will assess what order is in the child’s best interests. Shared care (whether that is an exactly equal split of time or a sixty-forty split of time or other percentage) may be the best option for the child but not necessarily. For example, shared care may not be likely to work if: Parents don’t live, or are not intending to live, relatively close to one another to ensure that the child is able to get to school from both homes. The child prefers to have one home base, rather than moving between homes. One parent’s work commitments mean that if parenting was shared the reality is that the child would be looked after during that parent’s parenting time by professional carers or through use of school clubs. The parents don’t get on at all and won't cooperate over parenting, making frequent handovers for the child disruptive and distressing. Shared care can be the ideal but it isn’t practical for every family and therefore it is not in the best interests of every child whose parents separate or divorce. When looking at childcare arrangements it is best not to think of ‘entitlement’ but what arrangements are likely to meet your child’s needs. Most children experts say that spending an equal amount of time with a child isn’t the key to successful parenting but ensuring that the time you do spend with your children is ‘quality ’ time. For time to be quality time it doesn’t have to be expensive outings, but being able to set aside time to read with younger children, help with homework, or transport to football practice or ballet club or just talking and taking an interest in what your children are doing at school or when they are with their other parent. [related_posts] How often can a father see his child? Fathers often want to know the worst-case and best-case scenarios of how often they will be able to see their child after a separation or divorce. So much depends on your personal circumstances.  For example, contact will be restricted if a mother successfully applies for a relocation order to enable her to move overseas with the child or contact will be more limited if a father has to move to a new area in the UK because of his work commitments. Many parents agree to split the week so children get to spend a roughly equal amount of time with each parent. For other families, the better option is for a child to live with one parent during the week and have midweek and alternate weekend contact. Contact with the child every weekend would mean that the residential parent of a school age child would not get to spend any quality time with the child. There is therefore no set rule about how often a father can see his child. That can be frustrating for some fathers who want certainty after a separation or divorce but not having set rules means that parents can work out what child contact arrangements or co-parenting works best for their family or the court can be asked to make a child arrangement order after assessing what is best for your child rather than following a fixed formula. We are Manchester and Cheshire Children Law Solicitors If you need help with your separation or divorce or representation in a child arrangements order application call us or complete our online enquiry form. Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire but our children law solicitors offer meetings by telephone appointment or video call.

If parents are honest about their fears surrounding coming out of a bad relationship one of their biggest worries is whether their ex can take their child. Sometimes it is just a fear as your ex has no interest in seeing the child or providing child support. In other family scenarios your ex-husband, wife or partner may want to take the child as they know that is the one thing that will really devastate you or they may genuinely want to look after the child as much as you do but the two of you can't agree on the child care arrangements. In this blog our specialist children solicitor looks at whether your ex can take your child and your options. Will the police help if my ex takes my child? If your child is taken your first thought may be to call the police and, in any situation, where you fear that your child is at risk of harm then that is the best thing to do. Risk of harm is always a balancing act so whilst you may think that your child is being harmed by staying with their other parent the police may not think so unless there is some evidence that the child is at risk.   The police won’t remove a child from a parent’s care to police a family court order over child care arrangements if there is no apparent risk of immediate harm as generally the police will say that other than in an emergency situation family and children law matters should be sorted out by the family court. That should not stop you from calling them though in situations where you do have genuine welfare concerns, such as a parent with anger management issues where there were domestic violence issues in the relationship or a parent who appears under the influence of drink or drugs and incapable of safely caring for the child.   There are some family scenarios where it is best to get a family court order so that you can show the order to the police. For example, if you fear that your ex-partner will take your child overseas without your agreement you can make an application to the family court for a prohibited steps order to prevent the child being taken abroad. If you are concerned that you or your child is at risk of domestic violence then you can apply to the court for an injunction order. If you are worried about the safety of contact you can ask the court to make a child arrangements order. A child arrangements order can stop direct contact or say that contact should only take place if supervised or can set limits and conditions to the contact. Take legal advice if you are worried that your ex may take your child As every family situation is different it is best to take legal advice on your circumstances and best options for your family. For example, you may be worried about your ex-husband or ex-wife planning to move within the UK for work reasons and taking your child with them, thus preventing regular contact visits. Alternatively, you may fear that your ex-partner wants to return overseas to their country of origin or where relatives are already based, taking the children with them so at best you can only get to see the children once a year.   Children law solicitors say that if you are worried about your ex taking your child it is best to take specialist legal advice as quickly as possible because: A children solicitor will be able to tell you where you stand legally and often knowing what your rights are can help manage your worries It may be necessary to apply for an urgent court order, such as an injunction order or action to prevent child abduction to an overseas country with the making of a prohibited steps order A solicitor’s letter to your ex-partner or an application for a child arrangements order may be needed to formalise the child care arrangements and ensure that your ex-partner is aware of the consequences of breaching your agreement or the child arrangements order. [related_posts] What happens if a parent breaches a court order and takes a child? If a parent breaches a family court order, such as a child arrangements order, prohibited steps order or specific issue order, enforcement action can be taken. It can be tempting to apply straight to court to enforce an order but it is best to take children law legal advice before doing so. For example, if a parent has returned a child home late on one occasion starting enforcement action for a breach of a child arrangements order may not be appropriate. However, if the late return on a Sunday night is affecting schooling and is a regular occurrence despite requests and letters, it may be appropriate to take action.   Children solicitors say that if an order is breached you may need to take speedy action. For example, if a parent keeps a child after a contact visit was due to end you don’t want to leave things so that the other parent can then argue that the status quo of the child living with you has changed and that the child is now happy and settled with them. In cases where child abduction overseas is feared then it is vital that speedy action is taken to avoid the child being taken abroad. That is because if the child is taken to a country that isn’t a signatory to the Hague Convention it may be hard to get an order for the child’s immediate return to the UK.   Whatever the nature of the breach of court order, the court can enforce the order and impose penalties on the parent who breached the court order. The penalties will depend on the court’s view about the circumstances of the breach of court order as well as the severity and frequency of the breach. The court can: Impose a community service order and order a parent in breach of a child arrangement order to carry out up to 200 hours of community service Fine the parent in breach of the court order In rare cases a prison sentence can be imposed on the parent in breach of the court order Order a parent to pay the other parent compensation if the breach of the court order led to loss, such as unpaid time off work.   As every breach of a court order has a different impact on a family it is best to take legal advice before applying to enforce an order as it may, for example, be preferable, to apply back to court to vary the existing child arrangements order or other type of children order. We are Manchester and Cheshire Children Law Solicitors Evolve Family Law specialise in separation and children law matters. If you are worried about your ex taking your child or need representation in child arrangements order proceedings call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but our children law solicitors are experienced in working remotely and offer meetings by telephone appointment or video call.

Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order. What is a child arrangements order? Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.   A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.   Does a court automatically make a child arrangements order if parent’s separate or divorce? UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order. [related_posts] How long does it take to get a child arrangements order? It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.   When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.   In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.   If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application. Our Manchester and Cheshire Children Law Solicitors At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

Although child maintenance sounds obvious it isn’t as many parents question what child maintenance is for. In this blog we look at the topic of child maintenance and discuss what child support is for.   What is Child Maintenance? Some parents take a very narrow view of what child support is (pocket money and birthday presents) whereas other parents think that child maintenance should cover all the household outgoings (the mortgage, heating costs, the food bill for everyone in the house as well as holidays). Child maintenance solicitors say that there is official guidance on what child maintenance is for. The government says that child maintenance is ‘financial support towards your child’s everyday living costs when you’ve separated from the other parent’.   The government definition of child maintenance doesn’t really drill down into what child maintenance covers but child support solicitors question how relevant that is when the bottom line is that child maintenance is calculated by the Child Maintenance Service based on the paying parent’s income rather than the child’s everyday living costs. The Child Maintenance Service formula means the paying parent has to pay a percentage of their income in child maintenance, whether or not the child maintenance figure is less or more than the child’s everyday living costs.   There are some exceptions and cases where a child’s everyday living costs are more relevant when calculating how much should be paid in child maintenance. These include: Both parents want to agree a figure for child maintenance based on the child’s needs rather than using the Child Maintenance Service mathematical formula The parent paying child support has received a maximum child maintenance assessment from the Child Maintenance Service and the parent receiving the child support has applied to court for top-up child maintenance. Top up child maintenance is based on a child’s needs. The court will look at the standard of living enjoyed by the family before the relationship breakdown when assessing the figure for top up child support (for example, swimming lessons, tennis coaching , piano tuition and other child related expenditure) The child suffers from a disability and has specific additional costs associated with their disability. The parent receiving the child maintenance can apply to court for an order to help cover the additional costs (for example, equipment or treatment not available on the National Health Service) The child is being privately educated or a parent wants the child to go into private education and makes an application to court for a school fees order to cover the cost of private school fees and extras (for example, extra tuition or school ski trips) The very limited circumstances in which the family court retains jurisdiction to make a child maintenance order. Although, in these situations the court will look at the amount of child maintenance that would have been payable had the Child Maintenance Service had jurisdiction to make a child maintenance assessment.   Can a parent say what their child maintenance should pay for? When one parent is paying child maintenance to the other parent it isn’t uncommon for the parent paying child maintenance to be highly critical of the other parent’s expenditure and use of the child support. For example, they may criticise the quality of the child’s clothing or dietary choices. In other scenarios, parents have been known to expect the parent receiving the child support to provide everything for the child during contact visits because the other parent is receiving child maintenance.   Child support solicitors recommend that parents try to resolve child maintenance by agreement with the help of their family solicitors before making an application to the Child Maintenance Service for a child maintenance assessment. Negotiations mean parents can each take into account the other’s circumstances when reaching an agreement on the level of payment of child support.   What is not covered by child maintenance? It is just as important to understand what isn’t covered by child maintenance as it is to understand what child maintenance is for.   Child maintenance from the Child Maintenance Service doesn’t cover: Child maintenance for step-children. An application to court can be made for child support for step-children School fees for the costs of private education. An application to court can be made for a school fees order. The court can order that a parent pays all the school fees or a proportion of them. [related_posts] How does spousal maintenance fit in with child maintenance? Many people question what child maintenance is for because they have been ordered to pay child maintenance by the Child Maintenance Service and ordered to pay spousal maintenance by the court.   When the Child Maintenance Service assess how much should be paid in child maintenance they use a strict mathematical formula that doesn’t take into account an ex-spouse’s spousal maintenance or other sources of income. However, when the court is assessing how much spousal maintenance should be paid the judge will take into account: The ability of the paying spouse to pay spousal maintenance taking into account their child maintenance liability as assessed by the Child Maintenance Service The reasonable future income and outgoings of each spouse The earnings capacity of each spouse and whether that will change, for example, through vocational training or because of ill health Whether there is a shortfall in one spouse’s income taking into account their reasonable income and outgoings, the payment of child maintenance and earnings capacity and, if so, taking into account factors such as the length of the marriage or capital distribution, decide if spousal maintenance should be paid and, if so, for how long.   Negotiating child support and spousal maintenance can be complicated so it is best to take legal advice on your options and the range of likely orders that a court would make if either you or your ex-spouse were to either apply to court for spousal maintenance or for an order to reduce or increase the amount of spousal maintenance payable. An application can be made to vary spousal maintenance because of a change in the payer or payee’s financial or other circumstances. Manchester and Cheshire Child Maintenance Solicitors If you need advice on calculating or paying or receiving child maintenance or need help with negotiating a financial settlement or sorting out child custody after your separation or divorce then the child maintenance solicitors at Evolve Family Law can help you. Call us or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.

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

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

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