Children Law

We are delighted to highlight that some good news has come out of Europe. New EU regulations have been set out to help protect children and parents involved in cross border child custody and access disputes. Protecting children in cross border disputes On the 25 June, the Council of the EU adopted a revision of a regulation setting out rules on the jurisdiction, recognition and enforcement of decisions in: Matrimonial matters; Parental responsibility matters; Intra-EU child abduction The council said that one of the main objectives of the revision to the EU regulation was to improve the current protection that EU directive gives to children in cases of cross-border children disputes, for example: Custody (nowadays referred to as residence or a child arrangements order in the UK ); Access rights (nowadays referred to as contact or a child arrangements order in the UK ); Child abduction. The focus of the new EU regulations is to ensure when resolving cross border children disputes involving more than one EU country that : The focus is on what is best for the child; Judicial co-operation between EU countries is faster and more efficient to make sure the child’s well-being comes first. It is anticipated that speedier court decisions will be made through abolishing the requirement for an exequatur (an intermediate procedure required to obtain cross-border enforcement). [related_posts] People often assume that EU law will not affect them and their families but statistically there are about 140,000 international divorces per year. It is reported that there are about 1,800 cases of parental child abduction in the EU. The number of international divorce cases rises each year as people become increasingly mobile because of work and travel opportunities. With the update of the Brussels IIa Regulation, the intention is that a child abducted by one parent from an EU country and taken by the parent to another country within the EU will be returned much faster to the country where he or she is used to living in. Top Manchester children solicitors have welcomed the new EU regulation but have issued a note of caution. UK families caught up in EU cross border disputes will only get the protection and assistance of the new regulation whilst the UK remains in the EU. Subject to Brexit, the additional protection may be short lived. That will not stop child custody solicitors from fighting to reunite parents and children caught up in cross border child custody and access disputes. The top tip if you fear child abduction or need to enforce a UK custody or child arrangements order across different border jurisdictions is to take early specialist child custody legal advice on your options and to act quickly. For legal help with child custody and access or child abduction please contact us 

Most of us are gearing up to the school summer holidays, closely followed by the annual holiday to the sun with the children. Whilst the majority of us will not forget the children’s swimsuits or sun screen as we are rushing off to the airport , many separated or divorced parents will forget the ‘’holiday rules’’ when setting off on holiday with their children . Therefore, Evolve Family Law have put together this short guide to holidays abroad with children after separation or divorce. A Guide To Holidays Abroad With Children After Separation Or Divorce 1. Agreement to the holiday If you are a separated parent, you may think that no one can dictate what you do with your children during the time you get to spend with them. However, unless you have a child arrangements order that says the children live with you, it is necessary to have either your former partner’s written agreement to the holiday abroad or a court order giving you permission to take the children abroad on holiday. 2. Be prepared If you know that you need your ex-partner’s agreement to take the children abroad on holiday then be prepared and plan in advance so you have time to agree school summer holiday dates and get agreement in writing to your planned trip abroad. If you cannot get your ex-partner’s agreement then it still pays to be organised. That is because an application will need to be made to court to secure an order to give you permission to take the children abroad on holiday. 3. Take the paperwork With luggage allowances on some aeroplanes it can be tempting to only pack the essentials. However, evidence of your former partner’s agreement to your taking the children abroad on holiday is one of those essentials. You do not need reams of paperwork, a court order or the agreement is sufficient. Even if you do not take the agreement document with you, then as a minimum you should take a text or message confirming the agreement to the overseas holiday. Why? You may take the view that as your ex-partner has been brilliant about agreeing to your taking the children for a week abroad you do not need to burden yourself with extra paperwork. However, even if your ex has not alerted the airport police to a possible child abduction (yes, it does happen just as in the films) an airport official may start to ask questions if children are travelling abroad with one parent, especially where parent and child have different surnames. Airport officials are not there to trap travelling dads but to spot children being trafficked into or out of the UK. Whilst we can all understand the vital work officials do it is not pleasant to be caught up, with your children in tow , in delays at the airport because you did not take the paperwork with you . If you have a different surname to your child, you can think about taking a copy birth certificate or change of name deed, just in case questions are asked. 4. Communicate You may think that your ex-partner worries unnecessarily. They may well do. However, parents do worry if their children are abroad, even if they are with their mum or dad. The parent who is waiting for the children’s return to the UK may be panicking if they have not had a text from the children or if the flights are delayed. A quick message can not only avoid a fraught reunion between children and parent but can also avoid a parent refusing to agree to your taking the children away abroad again. [related_posts] If you need legal assistance with applying to take children abroad or advice on existing childcare arrangements or court orders then please contact us

We often read in the papers about successful surrogacy arrangements involving a surrogate mother who lives outside the UK. That is because it is difficult for intended parents to find a surrogate mother in the UK. However using a foreign-based surrogate mother through an international surrogacy arrangement brings other legal and practical challenges. International surrogacy and the law Whether or not a child who is born to a surrogate mother is linked genetically to the intended mother or father (or both), under UK law, the surrogate mother who bears the child is the legal mother. Many intended parents assume that the rules are different if they use a surrogate mother who is based in a foreign country. They are not. Even if the country where the surrogate mother nationality recognises the intended parents as the legal parents of the child, UK children and immigration law does not. That can make international surrogacy arrangements and immigration very complicated.   International surrogacy arrangements In the UK surrogacy arrangements are not enforceable as a contract between the surrogate mother and the intended parents. Different laws apply to surrogacy agreements in other countries. However, even if a surrogacy agreement is legally enforceable in the country in which the surrogate mother is a national, the intended parents cannot bring court proceedings to enforce the surrogacy agreement in the UK.   International surrogacy and immigration     If a child is born to a surrogate mother who is not a British citizen then complex surrogacy and immigration law will determine the nationality of the child. Those rules will also determine if and how the child can enter the UK. The child’s nationality and immigration status may depend on whether or not the intended father is genetically linked to the child and, furthermore, whether the surrogate mother is legally married or not. If you are contemplating international surrogacy, it is vital that you take expert legal advice from children and surrogacy law solicitors as well as advice from immigration law experts. [related_posts] International surrogacy and parental orders Under UK children and surrogacy law, a child born to a surrogate mother is the legal child of the surrogate mother. Intended parents can apply to the family court for a parental order. This order extinguishes the legal rights of the surrogate mother and makes the intended parents the child’s legal parents. The intended parents then have parental responsibility for the child. In order for a parental order to be made various conditions have to be met such as: There must be a genetic link between the child and at least one of the intended parents; and The surrogate mother must consent to the parental order no earlier than 6 weeks after the birth of the child. If you are considering an international surrogacy arrangement, it is vital that you take advice on the evidence required of the surrogate mother’s consent to the making of the parental order. Failure to secure adequate evidence of the surrogate mother’s consent could create problems with the parental order application.   International surrogacy and Evolve Family Law Evolve Family Law is a niche firm of family law solicitors.  Evolve Family Law has substantial expertise in children and surrogacy law. If you are contemplating a surrogacy arrangement, either in the UK or abroad, please contact us for advice on your options and for information on applying for a parental order.

When a relationship breaks down parents need to reach an agreement on contact arrangements for their children. If they cannot do so, a family court judge can make a child arrangements order settling with whom the child should live and the contact arrangements. Child law advice can help parents avoid child arrangements order court proceedings by helping them reach an agreement. Agreeing child contact after separation or divorce Most of us like to think that if we were to split up from our partner we would still be able to communicate over the kids and sit down and sort out contact. However many separated or divorced couples find it hard to reach agreement on contact. They often need child law advice to help them reach a resolution and avoid court proceedings. Some parents worry about asking for children law advice, thinking that a solicitor will just recommend making an application to the family court for a child arrangements order to sort out residence and contact. The reality is that not all children law solicitors are like that. Most good children law solicitors will help a parent look at the contact options by considering contact from your ex-partners or child’s perspective, looking at the practicalities of what you both want, and advising on the sort of child arrangements order that a court might make if either you or your ex-partner were to make a court application. Shared care and equal parenting You may think that there is only one contact arrangement that will work for you and your family. Perhaps you know other separated families and the children all live with one parent with the other parent has alternate weekend contact. If your ex-partner wants to share the care of the children, and you do not know any other separated families that do that, their proposals can seem unworkable. However, parents can agree to and courts can order shared parenting of children. Shared care does not have to mean that children spend an equal amount of time with each parent. Shared care can involve overnight mid-week contact and the sharing of school holidays. Often the question of whether shared care and specific proposed contact arrangements will work for a family will hinge on practical considerations. For example, the distance of the school commute from both parent’s homes and both parent’s ability to communicate over mundane items, such as whether the school homework has been done or the washing and the handover of the school PE kit. A good children law solicitor can act as both a sounding board for shared care and contact proposals as well as advising on what a court is likely to order, after assessing your child’s needs and the family circumstances. Whilst parents always know their child’s needs best if it comes to court proceedings a judge will carry out their own assessment and make a child arrangements order. That is why good children law solicitors recommend trying to agree contact after a separation or divorce so parents remain in control, rather than the court.   Shared parenting – a campaign for law reform Campaigners are asking the government to change child custody law so there is a legal presumption that in every case where a mother and father separate or divorce, the mother and father will share the parenting of their children. Campaigners are calling for the start point when sorting out custody of children after a separation or divorce to be that children should spend roughly an equal amount of time with their mother and father. The campaign is supported by a recent YouGov survey in favour of shared parenting. Eight out of ten of the two thousand people who took part in the survey agreed that there should be a presumption of shared parenting after a separation or divorce unless the family situation meant there was a proven risk to the child of joint custody. [related_posts] Legal advice for child custody Manchester child custody solicitors say it is important that parents who want to agree contact after a separation or divorce take legal advice on child custody and contact. That is because communication between parents in the early days after a separation or divorce, can make a vast amount of difference to what contact arrangements can be agreed or the court is prepared to order. Child custody solicitors know that when it comes to either agreeing contact or asking a family judge to make a child arrangements order the presentation and preparation of your proposals is the key to success. In the future, for those parents who want to share the care of children after a separation, making the case in court for shared parenting may become easier if the government makes changes to child custody law. In the meantime, parents need a child custody solicitor who will listen to what they want and advise on the best way of agreeing contact after separation or divorce. For legal help agreeing contact or on any aspect of children law please contact us

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

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

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

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