Welcome to our comprehensive collection of articles on Children Law. At Evolve Family Law, we understand that navigating the intricacies of children law can be a daunting task for parents and guardians. That’s why we have curated this section to provide you with expert advice, insights, and guidance to help you make informed decisions regarding the well-being and protection of your children.
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
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.
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.
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As a children solicitor, I hate abbreviations. I think they confuse parents and make children court proceedings seem more complicated than they really are.
If you are thinking about applying to the family court for a custody or access order (called in court language a child arrangements order ), you will come across the abbreviation ’’CAFCASS’’.
CAFCASS stands for ‘’the children and family court advisory and support service’’. I think most people would agree that is a bit of a mouthful.
A CAFCASS officer is called a variety of names, including family court reporter and CAFCASS worker or reporter. Many of the names are interchangeable, adding to parents’ confusion.
What is a CAFCASS Report?
A CAFCASS report is a report that is ordered by a family judge for use in children court proceedings.
The CAFCASS report can also be referred to as a ‘’section 7 report’’. This abbreviation relates to the section of the Children Act 1989 that authorises the production of reports.
Who Can Ask for a CAFCASS Report?
Many parents think that in all children court proceedings a CAFCASS report is prepared or that they can ask for a report. A CAFCASS report is not necessary in every children court case. Furthermore, only a family court judge can decide if a report should be obtained and how detailed the report should be.
A judge can ask that a CAFCASS report look into the children’s wishes and feelings or the judge can ask for a more detailed report asking the CAFCASS report writer to make recommendations about what he or she thinks would be best for the children.
A parent or their solicitor can ask a judge to order the preparation of a CAFCASS report at a first directions hearing of a children application. If you would like a CAFCASS report, careful representations have to be made as to why a report should be prepared.
If a judge does not follow the recommendations in a CAFCASS report, the judge has to explain why the recommendations have not been followed.
What Goes Into a CAFCASS Report?
A CAFCASS report writer will decide whom they need to speak to in order to prepare their report.
A CAFCASS report writer will speak to both parents and will normally speak to the children who are the subject of the court proceedings. A CAFCASS report writer may also speak to a nursery worker, teacher or other relevant professional.
A CAFCASS report writer will say what they think the child’s wishes and feelings are and may say what parenting arrangements would, in their opinion, be in the child’s best interests.
If facts are disputed, for example whether an incident of domestic violence took place, it is not the job of the CAFCASS report writer to decide whether the incident took place or not. That is the job of the family judge.
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How Does a CAFCASS Report Writer Interview a Child?
A CAFCASS report writer’s interview technique will depend on the age and understanding of the child and the family circumstances.
A CAFCASS report writer will not ask a child to decide between parents.
How Long Does a CAFCASS Report Take to Prepare?
The time that a CAFCASS report takes to prepare depends on what the judge asks the CAFCASS report writer to cover in the report and how busy the local CAFCASS service is.
Sometimes a judge will ask a CAFCASS report writer to prepare an interim report, for example on short-term contact arrangements until the final hearing of the children application.
On other occasions a judge may ask for a second CAFCASS report, often referred to as an ‘’addendum report’’.
Does a Judge Have to Agree with the Recommendations in a CAFCASS Report?
A judge does not have to agree with what the CAFCASS report says. However, a CAFCASS report is normally highly influential. In the vast majority of children court applications, the court will make parenting and child arrangements orders as recommended by the CAFCASS report.
For legal assistance responding to children court proceedings please contact our expert children lawyers today
When parents cannot agree over the arrangements for their children after separation or divorce, they do not necessarily need to apply for custody or a child arrangements order. Instead, their legal remedy may be an application under the Children Act for a specific issue order.
What is a Specific Issue Order?
A specific issue order is an order made by a judge of the family court. The order decides an issue that is in dispute in connection with any aspect of the exercise of parental responsibility for a child.
It is hard to explain what a specific issue order is and what it is used for without using examples of situations where parents have applied to court for specific issue orders.
Examples of Specific Issue Orders
A family court judge can decide on almost any aspect of parental responsibility if a parent applies for a specific issue order.
The most frequent types of specific issue order applications are about:
Whether a child should be educated privately or state educated;
The specific choice of private school or nursery. To some parents a school’s education and examination record is the key factor in choice of school. However, to the other parent, the distance from home or the quality of pastoral care or the fact that they went to a particular school are the reasons why they are at loggerheads with the other parent over the choice of school;
Whether a child should observe a particular religion and attend religious ceremonies or go to a religious school;
Whether a child should follow a gluten free or meat free vegan or vegetarian diet ;
Whether a child should be baptised or circumcised ;
Whether a child should be allowed to change gender;
Whether a child should be immunised;
Whether a child should be given a new first name or surname ;
Whether a child should go to a family event, such as a second wedding or act as bridesmaid or pageboy.
There are many other specific issue order topics. That is because the ‘’burning issue’’ in every family or separated family is always different. Therefore specific issue order applications are as individual as the families who struggle to agree on parenting decisions.
How Do You Agree a Specific Issue?
The best children law solicitors will not just give you the option of applying to court for a specific issue order from a family judge. That is because there are alternative options to making an application to court for a specific issue order. For example, you could:
Have direct discussions ; with the help of a solicitor in the background;
Go to a round table solicitor meeting ;
Attend family mediation ;
Use family arbitration;
Attend family counselling.
In appropriate family cases, mediation or counselling sessions can involve the child if the child is old enough to express an opinion and the child’s parents and professionals think that involving the child in the discussion is right for the child.
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Deciding a Specific Issue Order Application
The way a judge decides a specific issue order application is no different to how a judge decides on a child arrangements order application. That is because the judge has to consider and apply the same welfare criteria to make a decision.
A judge decides a specific issue order application based on what the judge believes is in the child’s best interests. The judge must consider a number of statutory factors (known as the welfare checklist) when making court decisions about children.
The Children Act 1989 welfare checklist lists the factors that the judge considers, including:
The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; and
The child’s physical, emotional and educational needs; and
The likely effect on the child of any change in his/her circumstances; and
The child’s age, sex, background and any characteristics the court considers relevant; and
Any harm which the child has suffered or is at risk of suffering; and
How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs; and
The range of powers available to the court.
The judge will carry out an assessment, of what they believe to be best for the child after considering the evidence and the welfare checklist.
It is not unusual for parents who are living together or who are separated to fall out over a specific issue relating to the parenting of their child , for example one parent not wanting the child to meet the new partner of their former spouse. There is often no one right or wrong answer when it comes to a specific issue order, as in most cases both parents think their standpoint is in their child’s best interests.
If you cannot reach an agreement over a parenting decision then the best option is to take some legal advice so you know where you stand legally and whether a specific issue order is a reasonable step to take in the interests of your child.
For legal help with any aspect of children law please contact our expert children lawyers today
If your son or daughter is getting divorced then, as a grandparent, it is a traumatic time. You may not agree with your child’s decision to separate from their husband or wife or get on with their new partner. You may not like how your child is being used as a pawn by their warring parents. This blog looks at what rights grandparents have in a divorce.
Grandparents and Children Law
Cheshire children law solicitors have seen a marked rise in enquiries from grandparents wanting to know about their right to see their grandchildren following the separation or divorce of their son or daughter.
Children solicitors put the rise in enquiries about grandparent rights down to:
Grandparents having a better understanding that they do have some rights from organisations set up to help grandparents and from social media;
Grandparents being actively involved in bringing up their grandchildren and not wanting to lose contact or their close bond with their grandchild because of a divorce;
Newspaper reports about cases where grandparents have made successful applications to obtain family court orders to enable them to see their grandchildren and maintain their relationship with them.
Grandparent Rights
Some grandparents and parents assume that there is a special ‘’grandparent application’’ that a grandparent cam make to secure access to their grandchild. Top Cheshire family law solicitors say that there is no special application available for grandparents.
If a relative of a child wants to see a child and the parent or parents object to contact then the relative (including grandparents) can make an application to the family court under the Children Act 1989.
Normally a grandparent wants an order that they can see their grandchildren on a regular basis. This type of family court order used to be called an access order or contact order. The terminology has changed and if a grandparent wants access to or contact with a grandchild they need to apply to court for permission to apply for a child arrangements order .
When a grandparent finds out that they need to ask the court for permission to apply for a child arrangements order, the court process can seem unnecessarily complicated and cumbersome. After all, a parent or anyone else with parental responsibility for a child does not need to first ask the court if they can apply for an order. However, specialist children solicitors say that grandparents should not be put off from making a court application for a child arrangements order just because they need to ask for permission to apply for an order.
Applying for Permission
If a grandparent has had a close relationship with a grandchild and they are being stopped from spending any time with their grandchild then generally the court will grant permission to make the court application for a child arrangements order.
Once permission has been granted to apply for a child arrangements order then the court application will proceed in exactly the same way as a parent applying for contact or an order to see their child.
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Grandparents and Child Arrangements Orders
When a court is asked to make a child arrangements order it will look at whether or not the court thinks that the order being sought is in the child’s best interests, taking into account a range of factors known as the ‘’welfare checklist’’.
The court will undertake a similar exercise whether a parent, aunt, sibling or grandparent makes an application for a child arrangements order. However, courts do increasingly understand just how important a grandparent is in a child’s life and how vital it is for children to maintain a relationship with their extended family after a separation or divorce.
For legal assistance with grandparent rights please contact our expert children law solicitors today
We all know that children are priceless and that we will do anything for our kids. However when a couple decide to separate or divorce a lot of emotional energy and money can be spent on sorting out who has custody of the children or, for example, if the children should be allowed to move abroad with one parent or how much access or contact time one parent should enjoy with the children.
Children Court Proceedings and Cost Orders
Many parents think that if they get custody of their child (called a child arrangements order ) or get the type of access they asked for or if a judge stops a child moving abroad to live with one parent then as they have ‘’won ‘’ the court case, the court will make a costs order in their favour.
Cheshire children law solicitors will tell you that it is very rare for a court deciding a children case to make an order for costs. The normal costs rule in children law proceedings is that ‘’no order for costs’’ will be made. That means each parent has to pay his or her own legal fees.
The court in children court proceedings does have the power to make costs orders. However, a family judge will only consider making a costs order in cases where the conduct of a party has been reprehensible or unreasonable. That is a pretty high bar. That is why most children law solicitors advise, at the outset of court proceedings, that the parent should assume that they will not get the court to make a costs order in their favour.
Costs Orders and Unreasonable Behaviour
A recent example of where the family court was persuaded to make a cost order in child abduction proceedings is the case of Re J (Children).
The background to the court case was that a mother applied for court permission to take her children to Ukraine for the purpose of a holiday. The children did not return to the UK at the end of their holiday. The father started court proceedings for the return of the children and a number of court orders were made. They were not complied with.
The judge made a cost order against the children’s mother and maternal grandfather. This was because the judge thought the mother had duped the father and the court and had never planned to return the children to the UK after the court gave her permission to take the children on holiday.
The maternal family appealed against the cost order but the appeal court decided that as court orders ordering the return of the children to the UK had been flouted it was appropriate to depart from the usual rule in children law proceedings that both parents pay their own legal fees.
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Children Court Proceedings and Costs
Although the father, in the case of Re J, was successful in securing a costs order Cheshire children law solicitors still urge parents contemplating starting court proceedings to go ahead on the basis that the overwhelming likelihood is that each parent will pay their own legal costs.
That is why it is vital that parents choose their children law solicitor with care to make sure that not only is the solicitor an expert in children law but they explain fully the court options and the potential costs involve and provide a transparent price guide .
For assistance with your child custody and contact case please contact us.
Most separated and divorced parents find some of the child support service rules relating to the calculation of child maintenance incomprehensible. Child maintenance solicitors have to try to explain how child support is calculated without attempting to try to justify the rules or tribunal decisions.
Child maintenance and shared care
Nowadays, in the vast majority of family situations, if you separate or divorce and you have dependent children, the child maintenance service (rather than the family court) will have the jurisdiction to calculate how much child support should be paid and to enforce the assessment.
In order to try to keep child maintenance simple to calculate, some years ago the child maintenance service introduced a new child support formula. How much you pay in child maintenance is calculated as a percentage of your income. That sounds simple enough to most parents but then added child support rules start to creep in , such as if there is a shared or equal parenting arrangement with the children spending the same amount of time with each parent then no child maintenance is payable by either parent .
The rights and wrongs of the shared parenting rule and child maintenance is a moot point. Most child maintenance solicitors say it can produce both fair and unfair results. Take two scenarios:
Two parents equally share the care of the children and both earn roughly the same amount – no child maintenance is liable under child maintenance service rules, not because of the earnings of the mother and father are the same but because care of the children is shared;
Two parents equally share the care of the children. One is a high earner and the other barely scrapes by on their salary each month. No child maintenance is liable under child maintenance service rules as the parenting is shared. The parent who is on a lower income will not be able to ask for spousal maintenance to help address the income gap in the two households if they were in a cohabiting or unmarried relationship with their ex-partner.
Child maintenance and contact
It is not just shared parenting that can produce odd results with child maintenance service assessments. If a parent has overnight contact with their child, the amount they pay in child support under a child maintenance service assessment is reduced. The amount of the reduction depends on the extent of the overnight contact.
This child maintenance service rule can throw up some equally fair and unfair results, depending on whose perspective you look at child support from. Take two scenarios:
A mother is the main carer of the children. The father sees the children each night but cannot have the children overnight as he works shifts and his shift patterns mean that the children would have to get up too early. Although the mother earns twice as much as the father and despite his seeing the children each day, he is liable to pay the full child maintenance service assessment with no reduction for his daily contact as he does not have the children overnight;
A mother is the main carer of the children and the father has overnight contact on three nights a week. Although the mother still needs to pay her mortgage and pay for school clothes and holidays, the amount of her child support is reduced significantly because of the father’s overnight staying contact. The mother earns half the amount of the father. That scenario may seem unfair to the mother but imagine if the mother earnt double the father’s income. The father would still have to pay the same amount in child support and pay for his children’s upkeep on three nights a week. However, the father would pay nothing in child maintenance if care were shared equally. The difference a day makes in child contact can add up to hundreds of pounds a month in child maintenance.
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Child maintenance rules
The child maintenance scenarios are just a few examples of why child custody solicitors and child maintenance solicitors do not try to justify the child maintenance service rules.
The best advice , if you are splitting up from a partner and have children together , is to try and reach an agreement over who gets the house , who gets the pension and how the children are financially supported in one package so the fairness of the overall financial settlement can be looked at.
For information about child maintenance and contact and financial settlements please contact our expert children law solicitors today.
Appointments are available online or in Whitefield, Manchester and Cheshire.
Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.
Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.
Top tips on how to deal with parental alienation
Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious.
For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child.
As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:
Take legal advice quickly
If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly. If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you.
If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order.
If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child.
Do not blame the child
It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse.
Do not blame the parent
When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.
Do not walk away
The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you.
Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order.
Find time for other things in your life
If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings.
What will the court do if it thinks that parental alienation has taken place?
If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child.
How can Evolve Family Law help you?
Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.
Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution.
To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk
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