Do I Have Parental Responsibility for my Child?
It is all very well asking the question ‘’Do I have parental responsibility for my child?’’ but it is equally important to understand what parental responsibility means and what you can and can't do with it. In this blog we look at what parental responsibility is, who does and doesn’t have parental responsibility, what you need to do if you want parental responsibility and we answer frequently asked questions on the topic of parental responsibility.
What does parental responsibility mean?
Parental responsibility is a legal concept. That means you can be a responsible parent and not have parental responsibility for your child.
The definition of the legal concept of parental responsibility is contained in Section 3(1) of the Children Act 1989. The Act defines parental responsibility:
“The rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
In practical terms, parental responsibility gives a parent the responsibility for making significant decisions in a child’s life.
Examples of the exercise of parental responsibility
Parents exercise parental responsibility for their children all the time, without even thinking about it. However there are some significant decisions involving the welfare of a child that parents can struggle to agree on. For example:
The name of the child
If the child should follow a religious belief and, if so, if the child should be baptised or circumcised
If the child should have contact with family members you are estranged from, for example, grandparents or an aunt
If the child should be immunised or vaccinated
If the child should go on overseas school trips
If the child should follow a strict diet such as gluten free, vegan ,vegetarian or sugar free diet
If the child should be home educated or go to a local state school or be placed in private education
The type of schooling or extra tuition that best meets a child’s needs if the child is gifted or has special educational needs.
There are many other examples of parental responsibility decisions. Some, whilst relatively insignificant, may be of immense importance to you, such as the length of your child’s hair or at what age your child is allowed to have an ear piercing or have their own mobile phone.
What happens if you can't agree on parenting decisions and parental responsibility?
If two parents have parental responsibility and can't agree on how to exercise parental responsibility then either parent can apply to court for a specific issue order but courts recommend that:
Parents try to discuss parenting and reach a compromise that they can both accept
Parents try family mediation if they can't reach an agreement to see if a neutral family mediator can help them reach an agreement
Court proceedings are used as a last resort.
What to do next?
If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.
If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation.
How does an unmarried father get parental responsibility for his child?
An unmarried father can get parental responsibility in one of three ways:
By agreement with the child’s mother or
Jointly registering the birth and being named on the birth certificate or
Obtaining a parental responsibility order from the court.
Can I prepare a parental responsibility agreement?
To secure parental responsibility for your child you have to sign a formal parental responsibility agreement document in a prescribed form. The form has to be witnessed. If you don’t use the correct forms or if you don’t get the agreement witnessed in accordance with the rules then the agreement won't be effective in giving you parental responsibility.
Does a father lose parental responsibility for a child if he gets divorced?
A father doesn’t lose parental responsibility for his child if he separates or gets divorced from the child’s mother.
A father can only lose parental responsibility by court order once he has obtained it. It is rare for a court to order that a father should lose his parental responsibility.
Can a father have contact with a child without having parental responsibility?
A father can have contact with his child if he is separated from the child’s mother without first having to obtain parental responsibility for the child. If the mother won't agree to a father having parental responsibility and contact the father can make an application to court for a parental responsibility order and a child arrangements order.
A child arrangements order sets out where a child lives and the contact arrangements. The court will make orders that it thinks are in the child’s best interests.
Does a father have to pay child support if he is not named on the birth certificate and doesn’t have parental responsibility?
A parent’s legal obligation to pay child support for their child is based on their biological relationship. Therefore a biological father has to pay child support if he is assessed as liable to do so by the Child Maintenance Service, even if he is not named on the birth certificate, doesn’t have parental responsibility, and doesn’t see the child.
In situations where paternity is disputed the Child Maintenance Service can ask for DNA testing to be undertaken and the court can order relationship testing.
Does a mother with automatic parental responsibility for a child have more authority and rights than an unmarried father who secures parental responsibility?
Sometimes being a parent can feel a bit competitive; whether it is you that your child cries for when they have fallen or you that they ask to read them a bed time story. When it comes to parental responsibility many unmarried fathers assume that their parental responsibility isn’t ‘’as good as a mother’s parental responsibility’’ because there parental responsibility was acquired through:
Being named on the birth certificate or
Parental responsibility agreement or
Parental responsibility court order.
An assumption is therefore made by one or both parents that the father’s rights and responsibilities are somehow less important than the mother’s parental responsibility and that:
A mother has more rights than a father
A mother will always get custody if there is a dispute
A mother has the responsibility to sort out child care if neither parent is available to look after the child
If you can't agree on an important decision in your child’s life the mother’s parental responsibility takes precedence giving her the power to make the decision.
None of those assumptions are correct. If you share parental responsibility with another person you have equal rights and responsibilities for the child. The child’s mother does not have the casting vote or the ability to make all the decisions. If you can't reach agreement about what is in your child’s best interests then the court can make a specific issue order. The court will make a specific issue order decision based on what the judge thinks is in a child’s best interests.
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Will the court always make a parental responsibility order?
A father can apply for a parental responsibility order as a separate stand-alone application or at the same time as applying for a child arrangements order (an order sorting out custody or contact).
The court won't automatically make a parental responsibility order but the test or threshold to secure a parental responsibility order is fairly low so in most cases the court will grant parental responsibility.
When deciding whether to make a parental responsibility order the court considers:
The degree of commitment shown by the father
The degree of attachment between father and child
The father’s reasons for applying for a parental responsibility order.
If I have parental responsibility can I take my child abroad on holiday?
If you are a parent with parental responsibility for your child you can't take your child abroad on holiday unless:
You have the agreement of everyone else with parental responsibility for your child or
You have a child arrangements order and you are named as the main carer in the child arrangements order. If you have this type of child arrangements order then you can take your child overseas for up to four weeks without needing the other parent’s agreement or a court order
You have an order from the court giving you permission to go on the specific holiday or a general order saying that you can take your child overseas on a set number of times each year.
If you are not sure whether the wording of your child arrangements order gives you permission to take your child overseas on holiday it is best to take legal advice before booking the holiday.
Can my child’s surname be changed if I have parental responsibility for my child?
If you have parental responsibility for your child then your child’s surname should not be changed without your written agreement or a court order.
Is a court application for parental responsibility worth it?
Most children law solicitors would encourage you to secure parental responsibility by agreement with the child’s mother. If a mother takes legal advice the likelihood is that she will be advised that it is probable that the court will make a parental responsibility order. She may therefore agree to your acquiring parental responsibility by agreement and without making a court application.
If a mother won't agree to you having parental responsibility for your child then you may think that you have no option but to make an application for a parental responsibility order because you think that until you secure parental responsibility the child’s mother won't accept that you have any say in the important decisions affecting your child. However, if you have separated amicably and you are co-parenting your child, you make think that parental responsibility won't really add anything for you or your child. It is always best to have parental responsibility and, in those circumstances, you should be able to obtain parental responsibility by agreement through completing the prescribed form for parental responsibility.
Parental Responsibility Solicitors
For legal assistance with parental responsibility, child custody or contact or applying for a parental responsibility order, child arrangements order, or specific issue order contact the specialist Cheshire and Manchester children law solicitors at Evolve Family Law. Call us or complete our online enquiry form.
Louise Halford
Jun 08, 2020
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10 minute read
Can I Stop Child Contact if my Ex is an Alcoholic?
As specialist children law solicitors we are asked if the family court will order that a husband or wife or an ex-partner cannot have contact with their child because of parental alcohol addiction. There isn’t a yes or no answer as in every case the court will look at what is in the best interests of the child. In this blog we look at the topic of alcohol addiction in children law proceedings.
Can alcoholism stop child contact?
Children solicitors will tell you that it is too broad a question to ask ‘’can alcoholism stop child contact?’’ as so much depends on:
Whether the alcoholism has an effect on the parent’s behaviour towards the child or the other parent
The age of the child
The effect (short and long term) of not having an ongoing relationship with a parent
The measures that could be put in place to make contact safe and rewarding for the child
The help available for the child and parents.
When a children law solicitor is asked about alcoholism and child contact they will normally want to know how one parent’s alcohol use affects their daily life and their behaviour towards their child. That is because there are many people with ‘’functioning alcoholism’’ who are able to work and enjoy relationships whereas sadly that isn’t the case for others.
That is why it is so important that children law solicitors take the time to discuss your particular family circumstances and drill down to what it is about the alcohol usage that makes you want to stop child contact.
A case study of how alcohol affects child contact
One mother whose ex-husband was a highly successful business owner and functioning alcoholic wanted to stop contact between her two teenage sons and their father because of his alcoholism.
What was actually her ‘’drilled down ‘’ cause of concern was her ex-husband insisting that he was ok to drive the children and her fears for their safety. From the mother’s perspective, it was good that her children continued to see their dad so that they knew he was all right and that they didn’t worry about him or hold him on a pedestal because she had stopped contact.
In this mother’s case the best thing to do was to listen to her and help her find the right solution for her children. She knew, from past experience, that as her husband didn’t want to deal with his functioning alcoholism, no amount of requests from her would make him see a counsellor or get help. Likewise, after discussion and legal advice, she knew that one of her teenage sons would blame her if contact stopped whereas the other one found contact embarrassing and wasn’t bothered about going.
Some children law solicitors see an application for a child arrangements order or a prohibited steps order to stop contact as the answer to all problems over contact. It isn’t necessarily the solution. In the mother’s case, after she had taken legal advice on her options, she had the experience to realise that if she applied for a child arrangements order the father would deny his alcoholism and refuse to take part in any testing ordered by the court or psychological assessment or any recommended follow up treatment or support.
Whilst the court has the power to order tests and assessments in child arrangements order applications, the court cannot make a parent undergo alcohol or substance testing or assessment if the parent refuses to do so. All the court can do is draw inferences from a parent’s unwillingness to participate in testing or assessment.
The court’s ability to make inferences is often a powerful motivator in a parent’s willingness to participate in testing and assessment. That is because of the parent’s belief that the testing results should be better for them than inferences based on a lack of cooperation after the other parent has raised sufficient concerns for the court to be willing to sanction testing or assessment.
When it comes to alcoholism and child contact, an application for a child arrangements order can bring about a lot of change as the court arena can make parents realise just how seriously the other parent views their issue with alcohol. In other families compromise can be the better option for the family.
So you may wonder how the mother of the two teenage boys resolved her dilemma over her ex-husband’s alcoholism and her fears for her teenage sons travelling in a car driven by their father. She looked at what was best for her sons and concluded that maintaining a relationship with their father was the best option for them. Whilst he was unreliable as a father and let the children down he was nonetheless their father and the youngest would blame her, rather than his father’s alcoholism, for the lack of contact.
The mother set about problem solving and instead of the boys going to visit their dad at his home, where there was alcohol and films she didn’t approve of, contact became centred on football matches and she asked her brother in law and the children’s uncle to help provide support and a safe means of transport.
Did the solution work? It certainly wasn’t without its difficulties and it put the teenagers in a position of reporting if there were issues. This was not something the mother felt very comfortable about but she concluded, on balance, that it was the right thing to do even if on occasion she was used as a taxi service and the boys were let down when their father didn’t show up.
Would the child contact solutions have been different for another parent? As children law solicitors we would say yes. For example:
If the parent’s alcoholism was more recent in nature and the parent was more likely to agree to testing and assessment as part of a child arrangements order application
The parent’s behaviour, fuelled by their alcoholism, made it dangerous for the other parent to come into contact with them and meant that they needed injunction orders to protect themselves
The child wasn’t old enough to help safeguard themselves. In that scenario contact fully supported by grandparents or taking place within a contact centre may be the best option for the child
The child was of an age to say that they didn’t want to see their parent and the other parent fears that forcing them to have contact isn’t actually best for the child. Sometimes family counselling is one way forward if a child and parent will agree to this so an older child can explain , in a safe and neutral setting, how they feel and how not turning up for pre-arranged contact or any other effects of the alcohol addiction makes the child feel.
Recreational use, binge drinking, dependence or alcohol addiction
Children law solicitors will tell you that one of the biggest issues in trying to resolve parenting and childcare arrangements when there are alcohol or substance use concerns is the parent’s differing perception of the issue.
Many dedicated and caring parents say that they are ‘’recreational users’’ of substances or over imbibe and binge drink at the weekends. Should that affect their contact with their child? It all depends on the parenting arrangement as, for example. alternate weekend contact and midweek contact may meet the child’s needs and not affect the parent’s lifestyle choices. It can sometimes be hard for the other parent to accept that such contact could be in a child’s best interests when they have lived full time with the parent’s binge drinking behaviour.
It is equally hard when one parent believes that the other is alcohol dependent and the other disputes it. Sometimes practical, non-judgemental examples of how a child feels can help make contact work, for example, saying how the child feels if the parent doesn’t turn up for contact or arrives late.
If you think that your ex-partner is alcohol dependent or their substance misuse is affecting the quality of their contact then you can ask the court to:
Make a child arrangements order to restrict contact, for example, so contact takes place at a contact centre or is supervised by a family member
Make a child arrangements order subject to conditions so that the parent must comply with conditions such as not drinking for twenty four hours before a contact visit
Stop direct contact between parent and child. Indirect contact such as letters, cards, presents, phone calls and Skype may all be appropriate depending on their content and whether the child gets very distressed if the parent makes promises about Skype calls but then forgets.
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Ideally, talk of starting an application for a child arrangements order can make a parent realise just how worried the other parent is and even if they don’t see their drinking as a problem they will try to modify their behaviour and drinking around contact times.
What to do next?
If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.
If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation.
Cheshire Children Law Solicitors
For legal help with children law and child care arrangements where there are allegations of alcohol misuse please call us or contact us online.
Louise Halford
May 11, 2020
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9 minute read
Can Maintenance Payments Change Because of Coronavirus?
Coronavirus is making us look at every aspect of our lives, from how we socialise and exercise to how and where we work. With constant talk of hospital admission figures and mortality rates many of you are worried about raising your fears about coronavirus and financial concerns. However, whether you pay or receive either child maintenance or spousal maintenance , payments of maintenance may need to be reviewed and resolved. In this blog we look at child support, spousal maintenance and the impact of coronavirus.
Online family law and maintenance solicitors
Cheshire and Manchester based Evolve Family Law solicitors are working online to advise existing and new family law clients on all coronavirus related family law questions from child contact, help with leaving an abusive relationship during lockdown or the financial issues arising from Covid 19. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment.
Coronavirus and spousal maintenance and child support payments
When you agree to pay or to receive an amount in spousal maintenance or child support it is often assumed that the amount you are expected to pay, or that you will receive, won't change all that much . However, whether it is spousal maintenance or child support, the amount you pay or receive in financial support can be reviewed either upwards or downwards.
Many of you are very worried about coronavirus and your jobs or fear that your income from self-employment will reduce drastically (if not disappear altogether) over the next few months. Whilst the government has assured us all that financial help is at hand, for both the employed and the self-employed, there are reports that people are confused about the eligibility rules for government help and are worried about how they can pay spousal maintenance or child support now.
If you are the person who is receiving the maintenance payment it is equally worrying as many feel that they are in an impossible position, having taken out mortgages and financial commitments, on the basis of promised or ordered spousal maintenance or child support.
Spousal maintenance orders and Covid-19
Spousal maintenance is either paid on a voluntary basis between husband and wife or civil partner or under a spousal maintenance court order.
If you are paying or receiving spousal maintenance under a court order then the first thing that you should look at is the wording of the financial court order and the spousal maintenance clause. If you are in any doubt about the wording or meaning of the spousal maintenance clause then it is best to take legal advice.
There are a number of ways in which spousal maintenance court orders can require the payment of spousal maintenance, such as:
Joint lives spousal maintenance – spousal maintenance is payable until the death or the re-marriage of the person receiving the spousal maintenance payments
Time limited spousal maintenance – spousal maintenance is paid for a set period of time and then stops on a date specified in the court order. In some cases, the person receiving the spousal maintenance can apply to extend the length of time that spousal maintenance is paid for but they have to apply to court to extend the length of time that spousal maintenance is paid for prior to the expiry of the order. In other court orders the spousal maintenance is said to be time limited with no option to extend the length of time that it is paid for.
Can spousal maintenance orders be changed?
Spousal maintenance orders can be changed by court order or by agreement. If your financial circumstances have changed because of coronavirus and you are paying or receiving spousal maintenance the government is urging you to try to reach an agreement with your ex-partner over spousal maintenance.
Family law solicitors say that whilst it is important, if possible, to reach an agreement over changes in spousal maintenance payments any agreement should be temporary or a holding agreement until the Covid 19 position is clearer.
Every family situation is different so you may need specialist legal advice on what to do about spousal maintenance payments. Some payments may need to stop and others may need to reduce or increase. Here are two case examples:
A dentist is no longer able to work but because he has an employer who is continuing to pay him then the spousal maintenance can continue at the same rate for the time being. The spousal maintenance might need to reduce or stop if the employer is forced to stop the dentist’s salary or the salary is reduced to the cap set by the government coronavirus income scheme
A National Health Service consultant is not affected financially by Covid 19 but his ex-wife has lost her job in the travel industry. Depending on her circumstances her spousal maintenance may need to increase on a temporary basis until she can get another job. If her spousal maintenance is a time limited order she may need to ask the court to extend the period of the spousal maintenance court order.
Tips on how to change spousal maintenance payments by agreement
In these highly unusual times the focus is on working together. That is the message that the government is giving when it comes to sorting out the changes to child care , spousal maintenance or child support that are required because of coronavirus.
Tips on how to change spousal maintenance payments by agreement include:
Communicate with your ex either directly, through a trusted friend or your family solicitor. If you don’t tell your ex what is going on and be upfront about how Covid-19 has affected you financially then they will expect the spousal maintenance payments to continue
Provide paperwork – family law solicitors say there is often an element of mistrust between separated spouses and so if you want your ex-spouse to agree to a reduction in spousal maintenance you will need to provide the supporting paperwork to show that you have lost your job or that your hours have been reduced or a bonus scheme scrapped
Reflect on any discussions with your ex and don’t be rushed into making long term decisions. After all your ex-spouse may get a new job or the government scheme may mean that their income isn’t as badly affected as first thought. You should not agree to any major changes in the spousal maintenance order or agree to the cessation of payments and cancellation of the spousal maintenance order without first taking legal advice
Record your agreement – if you are able to reach a spousal maintenance agreement with your ex-spouse then you need to record the agreement in case one of you changes your mind. If there is no clear recorded agreement then your ex could apply to court to enforce the spousal maintenance order and ask for payment of arrears of spousal maintenance. They may not be successful in that court application if there is a clear agreement drawn up by you (or your solicitors) that spousal maintenance is being changed temporarily and the reasons why and when spousal maintenance will be reviewed again, for example, if the payer gets a new job or a government income subsidy
Understand the court options- it is important to know that if your ex-spouse won't agree to a reduction or temporary stopping of spousal maintenance what your legal options are. You could apply to court to vary the spousal maintenance order to reduce or stop the payments. Your ex-spouse could apply to court for payment of arrears of spousal maintenance and to enforce the spousal maintenance order. The court decision would be based on all the circumstances of your case and the ability of the paying person to pay spousal maintenance. If you are upfront with the paperwork relating to the change in income this may make a court application to formally vary the spousal maintenance order unnecessary.
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Can child maintenance be changed?
Covid-19 and the financial fallout and economic downturn will affect child support payments as well as spousal maintenance orders. In most families child support is either paid as a voluntary arrangement between you and your ex-partner or under a child maintenance service assessment. It is rare for there to be a child support court order as the court only has limited jurisdiction to make child support orders.
Again family law solicitors are recommending that parents talk to one another about child maintenance and to see whether the child support needs to be changed because of a change in the payer’s financial circumstances. If the payments are made under a child maintenance service assessment then you may need to ask the agency to carry out a new assessment.
Online family law and maintenance solicitors
Cheshire and Manchester based Evolve Family Law solicitors are here to answer all your family law questions whether it is a coronavirus related family law question, child contact, help with leaving an abusive relationship or financial issues arising from coronavirus. If you legal help call us or complete our online enquiry form to set up a video conference or telephone appointment.
Louise Halford
Apr 08, 2020
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8 minute read
Coronavirus and Child Contact
Update 24th March 2020:
In UK government guidance published 24 March, it states:
Where parents do not live in the same household, children under 18 can be moved between their parents’ homes
https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others/full-guidance-on-staying-at-home-and-away-from-others
Whilst parents may wish or need to adapt contact arrangements, they can, and should still continue for children. These are frightening times for children and maintaining normality will hopefully help quell their fears. Now, more than ever, parents should put aside their differences and co-operate and act in their children’s best interest at all times.
This advice should be read in conjunction with the following Government advice on what to do if someone in your household becomes unwell:
https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection
Parents want to protect their child and that is particularly true when it comes to the coronavirus. It is hard enough coping with the worries of looking after your children and safeguarding them in normal times but in a pandemic the job of being a parent has just got so much harder. That is the case whether you are living with your partner, separated or divorced. In this blog we look at the question of coronavirus and child contact after a separation or divorce.
Online children law solicitors
Evolve Family Law are based in Cheshire and Manchester but offer a full range of online children law services with appointments available by telephone appointment, video conference or Skype. If you need legal help with child custody and contact please contact us.
Stopping Child Contact Because of Coronavirus
We are receiving a high number of enquiries asking us whether child arrangements can continue now the government has restricted our movements. We are getting a real sense that the vast majority of these parents aren’t wanting to stop contact to upset their ex-partner or trying to use Covid-19 as an excuse to stop contact visits that they don’t like, but because they genuinely fear for their children and their families. At the moment the advice from the government agency, CAFCASS, is to continue contact arrangements as normal as CAFCASS thinks it is in the best interests of children to maintain contact so the children keep to a familiar routine, even if they are missing out on going to school.
Whilst some may say that statistically children should be OK even if they get the coronavirus that doesn’t ease parent’s anxiety and fears that children going back and forth between households could increase the risk of spreading infection to a member of your family who is in a high risk group with an underlying health condition and is therefore more vulnerable to Covid-19.
There is also a concern being expressed by parents about what might happen if a child is on a contact visit and the other parent falls ill and the family has to self-isolate or if the country goes into lock down and children can't travel back to you.
One of the issues facing separated or divorced parents is that not everyone is as worried about Covid-19 as some are. That can create feelings of tension and acrimony between parents who are living together with their children, let alone separated or divorced parents where there may already be an element of mistrust or a history of communication problems.
Cheshire children law solicitors say that if you want to stop contact because of the coronavirus and high risk issues then whether you can legally do so will depend on whether there is an existing child arrangements order in place and what it says. If you have an existing child arrangements order and you don’t know if you can stop contact or not then it is best to take legal advice.
Coronavirus and Child Arrangements Orders
If you have a child arrangements order in place that sets out the parenting arrangements for your child then if you stop contact you are likely to be in breach of the court order. Your ex-partner could apply to enforce the child arrangements order and you could apply to vary the child arrangements order.
If you are following government advice to self-isolate because a member of your family is unwell then your ex should not apply to enforce an order and you should not need to apply to vary the child arrangements order because of your self-isolation. However, if it isn’t a self-isolation or lockdown situation, but you want to change or stop contact arrangements because of the coronavirus and any high risk concerns, you may need to look at what your child arrangements order says and your ex –partner may want to apply for a child arrangements order so contact isn’t stopped.
Cheshire children law solicitors say that the use of children court proceedings should always be the ‘last resort’ and it is best to try to negotiate a change in a child arrangements by agreement.
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Sorting out contact during the coronavirus outbreak
It is all very well for children law solicitors to talk about trying to reach an agreement about stopping or changing contact arrangements but many parents say that it is far harder to do that in reality. That is certainly true but sometimes it takes a children law solicitor to cut through the parental history of mistrust and get to the real issues.
In these unprecedented times it is inevitable that parents will want to protect their children and to ‘wrap them up in cotton wool’. What parent wouldn't? However it is important for parents to take a step back and think that the coronavirus pandemic won't be with us for ever and that when the UK comes out of the current crisis you still want to be on speaking terms with your ex-partner or at least be able to communicate with them over the parenting arrangements.
Therefore, if you are contemplating stopping or changing contact Cheshire children law solicitors recommend that you:
Think about the reasons why you want to stop or change contact. Can contact still take place through reducing risks , for example , by you driving the children to contact rather than older children or the other parent using public transport to get to your ex-partner’s house or can you change the contact drop off point
Consider if you can agree consistent rules on what the children can do during their time with the other parent. That way one parent isn’t doing all the home schooling and enforcing a curfew and activity restrictions for older children whilst the other parent carries on as normal
Think about the alternatives to direct contact, such as facetime or Skype or phone. Bed time stories by facetime maybe something small children would love and the offer of such contact might reassure your ex that you aren’t trying to cut them out, but you want they want; happy and healthy children
Take legal advice as sometimes an experienced children law solicitor can help you find resolutions that you had not thought about or help you with the words to help your ex understand why you are so particularly worried about coronavirus and child contact. It can undoubtedly be hard for an ex-partner to hear that you want to stop or reduce contact when they and the children haven’t done ‘anything wrong’ and seeing the children is helping them get through the coronavirus outbreak. However, this is a time when a children law solicitor can help you both focus on what is best for the children, whether that is getting you help with your fears, or helping your ex-partner to understand any particular high risk issues.
Online Children Law Solicitors
Evolve Family Law provide a full range of online children law services with appointments available with specialist children law solicitors by telephone appointment, video conference or Skype. If you need legal help call us or contact us online
Louise Halford
Mar 23, 2020
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7 minute read
Can I Stop My Ex Taking Our Child on Holiday?
As a Cheshire children solicitor I get asked the question ‘can I stop my ex taking our child on holiday?’ That is understandable as most parents are anxious when their child goes off for the weekend, let alone a holiday with your ex. In this blog we answer your frequently asked questions about whether you can stop your ex taking your child on holiday.
Can I stop my ex taking our child on holiday?
Whether you can stop your ex taking your child on holiday will depend on:
Whether there is a child custody order(also known as a residence order or a child arrangements order). If so, does the order say whether your ex can take your child on holiday? If it does, then have circumstances changed so you can apply to court to vary or change the order to stop your ex taking your child on holiday?
Is the holiday in the UK or does your ex plan to take your child abroad? If a foreign holiday is proposed how long is the holiday for and what is the destination?
Are there any child abduction concerns that are making you particularly concerned about the holiday? For example, is your concern that your child is being taken to see extended family outside Europe and you have read and googled that the country they are going to isn’t signed up to the Hague Convention?
Prior to talking to a children solicitor about whether you can stop your ex taking your child on holiday it is best to think about the reasons why you object to the holiday. For some parents the answer is obvious, such as you fear child abduction whereas for others it is just a gut fear or your objection to the holiday may be down to:
The dates your ex wants to take your child on holiday – for example, do the dates clash with your Christmas, Easter or your summer holiday plans?
Who will be accompanying your child on holiday – for example, is your ex going on holiday with his new partner and their children. Are you worried about your child spending time with the new partner or them not getting on with the other children who will be going?
The destination of the holiday, as after all a holiday to an English Caravan Park or to European Beach holiday is very different to a trip to the Far East or middle East to meet extended family or for cultural reasons
Do you have concerns about your ex’s drinking habits and do you worry that if you are not there, your child will be neglected whilst your ex gets drunk
Are you angry that your ex can afford to take your child on an expensive holiday but can't or won't pay child support to you so you can't afford to go on a similar trip?
There are many other reasons why you may object to your ex taking your child on holiday but sometimes it helps to make a list as there may be more than one reason why you feel so strongly about the holiday. Some of those reasons may be practical ones and others may be emotional, for example, your ex is taking his new partner and your child on holiday to the same resort you all used to go to as a family.
I have a court order so can I stop my ex taking my child on holiday?
If a mother or a father has a court order saying that the child lives with them(for example a child arrangements order) then you can:
Stop your child going on holiday unless there is a child arrangements order in place for the other parent that covers holiday contact in the UK or overseas
If the holiday contact in the child arrangements order doesn’t cover travel abroad then your ex won't be able to take your child overseas on holiday unless they get your written agreement or a family court order that says they have court permission to take your child either to a specified foreign country for a holiday or a general order that says they can take the child on a foreign holiday each year.
Every children court order is phrased differently so if you are at all unsure about what your court order says and whether your ex needs your permission or a court order to take your child on holiday then speak to a Cheshire children solicitor.
Can I get a court order to stop my ex taking my child on holiday?
You can apply to court to get an order to stop your ex from taking your child on holiday. It is best to speak to a Cheshire children solicitor about whether you need to apply for an order as it will all depend on whether there are any existing court orders. If there are then it may not be necessary to make an application to court or you may need to apply to vary a court order rather than apply for a new court order.
For example, if your ex wants to take your child on holiday abroad and they don’t have a child arrangements order to say that they are the main carer the onus is on them to apply to court to get permission to take your child on a foreign holiday out of the UK unless you give your written consent to the holiday.
If you think that your ex will just take your child without bothering to apply for a court order then you can make an application to court for a specific issue or prohibited steps order prohibiting the holiday from taking place.
If your ex is your child’s main carer and they have a child arrangements order in place which says the child lives with them, then normally this order allows them to take your child on holiday abroad for up to four weeks. They therefore don’t need your permission to take your child abroad provided the holiday is for less than four weeks. However, if you object to the holiday (for example, because you fear child abduction) then you can apply to court for an order to prohibit the foreign holiday from taking place.
If your objection is to your ex taking your child on holiday in the UK then you can still apply for an order to try and stop the holiday although you would have to have good reason for the objection as generally speaking there is less opposition to a child being taken away on holiday in the UK unless, for example:
The child is young and hasn’t had a lot of contact with the other parent and so would be anxious and fret
The holiday is unsuitable, for example , a golf holiday where you anticipate your child will be cared for by your ex’s new partner rather than spend quality time with a parent
Your ex wants to go away on holiday at the only time that you can take off to go away on holiday or their holiday plans will mean that you don’t get to spend time with your child over Christmas or will stop your child from going to a family wedding or other celebration
Your ex is planning a camping holiday in the Autumn half term and your child is asthmatic or has special health needs.
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Should I object to my child going on holiday?
If a parent wants to object to their child going on holiday most people’s first thoughts are that a child should be able to enjoy a holiday with each of his or her separated parents. Whilst that is true it is also correct that if you have any concerns about your child then it is your job as a parent to protect your child and stand up for what is in their best interests.
Sometimes children don’t know what is best for them as whilst your child may be very excited about a trip to a far flung destination they won't understand your child abduction fears and the reasons behind why you are so worried about the holiday.
A Cheshire children solicitor will normally ask you to look at the reasons why you object to your child going on a holiday in the UK or overseas and to consider whether those reasons are about you or your child. For example, if your real issue is that your ex can afford a holiday but isn’t paying child support your children solicitor can make a child support application for you. If your issue is the destination of the holiday or its length then perhaps some compromise can be made so a holiday can take place but your child is safe.
If you need help with holiday contact or need a holiday contact order then our expert team of specialist children law solicitors at Holmes Chapel and Whitefield can help you. Call us or contact us online.
Louise Halford
Mar 02, 2020
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8 minute read
Can I Stop Access to my Child?
Don’t you feel that some days you have just had enough? If your ex-partner, former husband or wife is making your life difficult, if not impossible, over contact with your child then that’s often the stage that Cheshire divorce solicitors are asked the question ‘Can I stop access to my child?’ There are many reasons why you might want to stop access or contact by your child’s other parent and that is why it is best to take legal advice from a Cheshire divorce and children law solicitor before stopping access.
Stopping access
Stopping access to your child is a big step to take and it is vital that you get it right. The repercussions of getting the decision wrong can be:
The child’s other parent applying to court to enforce any existing access or contact order
The child’s other parent applying to court and getting a child arrangements order so they have a court order for access to your child
Your child blaming you for the decision to stop access and saying that they want to see or even to live with their other parent
Your child’s other parent alleging that you have stopped access because of parental alienation (you are trying to alienate and distance your child from their other parent without any justification for doing so).
Whatever the background to your separation or divorce and the reasons why you feel driven to stop access, it often helps to sit down with a Cheshire children solicitor to look at your options and the alternatives to stopping access.
Reasons for stopping access
There are many reasons why you may want to stop access, such as:
Your child says they don’t enjoy their contact visits with their other parent as they are boring and they would rather be at home
You feel intimidated when your ex-partner calls to collect or return your child
Your ex-partner has stopped paying child support and you don’t think contact should take place if they can't be bothered to provide child support
You don’t want your child to see your former husband or wife's new partner during access visits
Your ex-partner keeps turning up late or cancels contact visits at the last moment so you don’t know, from one week to the next, whether contact will take place or not
The children always return from an access visit all ‘hyper’ and overtired and then can't settle back into their routine with you for days.
Those are just some of the reasons given for wanting to stop contact. It is vital to discuss the reasons to see if there are alternatives, such as:
Talking to your former partner about the contact visits to make them more fun for your child, rather than sitting around watching the TV. Those discussions don’t have to take place direct if you don’t think that would work. You could attend a joint meeting with your children law solicitor or use family mediation
You could agree that your child is collected from school or from a relative’s home to stop you having to come face to face with your ex-partner at contact collection and return times and so you are not intimidated or upset by the access handovers
You could let contact take place but apply to the Child Maintenance Service for child support
You could use a solicitor roundtable meeting or family mediation to discuss why you don’t want your child coming into contact with a new partner or the effect of missed contact visits or too much sugar, to see if your former partner will listen to your concerns.
As a parent you need to do what is best for your child and, after exploring the alternatives, you may conclude that stopping access is in your child’s best interests. How you should go about that will depend on whether there are any existing children court orders in place.
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Court orders and stopping access
If there is an existing:
Residence order
Contact or access order
Child arrangements order
Then you should take legal advice before stopping access to your former partner to your child. That’s because if you don’t take legal advice on the existing children court order you could find yourself responding to enforcement court proceedings.
If there is an existing court order in place, such as a contact order or child arrangements order, then you may need to make an application to the family court to vary the existing children court order before you can stop contact.
If there is no existing court orders in place you may be able to stop access but it is still best to take legal advice from a specialist Cheshire children law solicitor before doing so. That’s because a children solicitor can talk to you about alternate options and the prospects of your former partner applying to court so they can see your child under a child arrangements order. Sometimes, by stopping access quickly, after a particularly bad incident or trying weekend, it can play into the hands of your former partner and just create more headaches and hassle for you.
Our expert Cheshire children solicitors can look objectively at your options and help you work out what’s the best alternative for you and your children.
Contact Us Today
Louise Halford
Jan 20, 2020
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5 minute read
What is a CAFCASS Report?
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
Louise Halford
Nov 18, 2019
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4 minute read
What is a Specific Issue Order?
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
Louise Halford
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5 minute read
What Rights do Grandparents Have in a Divorce?
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
Louise Halford
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4 minute read
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