Children Law

In an ideal world, parents will agree on an the appropriate amount of child maintenance using the child support agency calculation prepared by their divorce solicitor or the online calculator on the child support agency website. Many parents use the child maintenance figures as a rough guide as to how much child maintenance should be paid recognising ,for example, that if one parent agrees to pay for all the children’s clothes, haircuts  and school trips then expecting them to pay the full amount of a child maintenance calculation may not be appropriate. In other family situations a parent will recognise that it is fair that he or she pays a bit more than the child maintenance calculation to help pay for extras such as ballet or riding lessons. Child maintenance payments should be reconsidered if incomes and parenting arrangements change. Sadly we don’t all live in an ideal world and some parents have to apply to the child support agency for an assessment of how much child maintenance should be paid. That is either because they can't reach an agreement on how much child support should be paid or payments aren’t being made. What is child maintenance based on? As a divorce solicitor I have heard parents express shock at the amount of a child support agency child maintenance assessment. Sometimes that is because the parent hasn’t appreciated that child maintenance is based on: The payer’s gross income; The number of children that the payer pays child maintenance for; The number of overnight  contact visits the payer has with the children; The number of other children living in the payer’s household. When calculating child maintenance the children’s needs and the payee and payer’s household bills aren’t taken into account in the child support agency calculation. On other occasions the shock at the child support agency child maintenance figure is based on a parent’s knowledge of their partner’s income and lifestyle. If a parent doesn’t think that a child support agency child maintenance assessment is right then they should consider: Asking the child support agency for a revision or mandatory reconsideration if they think the child support agency got something wrong such as the payer’s income or the number of overnight contact visits; Asking the child support agency for a variation; Appealing against the child support agency assessment; If parents are or were married (and there is no financial clean break order in place) applying to court for spousal maintenance. This may be an option if the amount of the child support agency child maintenance payments combined with the household’s other income or potential earnings won't meet basic needs and bills. Grounds to vary a child support agency child maintenance calculation   There are four potential grounds to apply for a variation of a child support agency child maintenance assessment: Assets over £65,000 – the payer’s home isn’t treated as an asset. The value of investments , savings and any equity in a second home would be relevant; Income not taken into account – usually this ground is used if a payer can set their own income because they are a company director and can declare dividends or use a directors loan account to fund their outgoings; Diversion of income – this ground can be relevant where a payer owns their own company and employs a new partner or family members at an inflated salary in order to divert their own income; Lifestyle inconsistent with declared income – this ground can be relevant if , for example, an income of £30,000 has been declared but the payer’s mortgage payments alone are believed to amount to £24,000 per year. This ground won't work if the payer is financing his lifestyle from gifts from his parents or on credit cards. [related_posts] Do I need legal advice to apply for a change to child maintenance? You don’t have to get legal advice from a divorce solicitor in order to apply for a child support agency variation but sometimes it helps to take advice on your options. It is important that you take legal advice if you haven’t reached a financial settlement with your ex-spouse or you have an ongoing spousal maintenance order. That is because there are potentially court based spousal maintenance options and other types of court order that may encourage the payer to start making reasonable child support payments. Court options can be used in combination with a variation application to the child support agency or as a stand-alone application. If you need legal assistance with a change to child maintenance please contact us today,

When separated parents are juggling full time jobs with child care it is common for parents to agree a shared care parenting regime for their children. Shared care may help with the daily battle of getting to work on time or getting one child to a ballet lesson and another to a football match on a Saturday but who pays child maintenance when you share the care of your children? That is a question you should ask before you agree childcare arrangements and the amount of child support. We are Manchester divorce solicitors If you are separating or divorcing and need legal help with child support or child custody then our expert divorce lawyers can help you. Contact us today. Child support and child care In my experience as a Manchester divorce solicitor some parents pay too much in child maintenance and others don’t pay enough. It is important to get the balance right. It can be hard to agree on the right level of child maintenance once a shared care arrangement is in place or once the first child maintenance payment has been made. That’s why it is important to get legal advice from a solicitor before plans are drawn up. What is ‘shared care’ of children? Shared care is as individual as families. It is a question of what works for a particular family. I have seen some families agree on: Sharing an au pair or nanny so that the child care support moves with the children to provide continuity; A week on, week off schedule so the children spend a week with each parent; A day on, day off schedule so the children never spend more than a day away from each parent, save for holidays. I am not advocating those shared care arrangements but for some families they work better than the more traditional 3 day / 4 day split one week and then swapping the days on the second week. What shared care arrangement works depends on distances between family homes, new relationships and step children and the practicalities of managing work and child care commitments combined with the daily commute and school run. Shared care doesn’t mean that the children have to spend exactly half their week with each parent. In some families one parent will look after the children during the week and the other parent at the weekend. You may question why one parent gets all the ‘quality weekend’ time with the children but some parents are only able to get weekend work or want stability for the children during the school week. Experience as a Manchester divorce solicitor has shown that any type of shared care arrangement can be good for children provided their parents are happy with the arrangements and commit to co-parenting. Who pays child maintenance when parenting of children is shared? If you carry out a poll of parents on the question who pays child maintenance when parenting of children is shared? the vast majority of parents assume that the parent who earns more than the other will pay child maintenance. That’s not right as under complicated child maintenance law rules if both parents equally share the care of their children neither parent will pay child maintenance to the other parent. It has long been thought that if one parent gets the child benefit money then their entitlement to the child benefit payment automatically means that they are the parent who is entitled to ask for child maintenance. One father recently challenged that idea and took his case to a child maintenance tribunal. The tribunal decided that: The day to day care provided by each parent has to be evaluated. The evaluation isn’t just counting nights that the children stay with each parent but looking at tasks and responsibilities; If there is equal responsibility for the day to day care of the children then no child maintenance is payable , even if one parent earns a lot more than the other parent; Child maintenance is only payable if one of the parents is classed under child maintenance rules as the ‘non-resident parent, or in other words, there isn’t an equal shared care arrangement. This means that the other parent is classed under child maintenance rules as the ’parent with care’; If there is no evidence to the contrary on shared care then if the person applying for child support receives the child benefit payments it is assumed that they are the ‘parent with care’. This assumption isn’t relevant if both parents equally share the care of the children. What difference does shared care make to child maintenance? If you share the care of your children then it can make the difference between receiving hundreds of pounds each month for your children in child support and receiving no child maintenance at all. That can mean the difference between being able to afford to work part time and having to work overtime to pay household bills. For parents who are paying child maintenance on top of the costs of looking after their child for half the week the child support payments can mean the difference between being able to afford a house near to a child’s school or only being able to buy a house that is too far away to be able to have the child to stay mid-week and get them to school the next day. That is why it is so important that both parents know where they stand on shared care and child maintenance before agreeing on a parenting regime and child maintenance. Sorting out family finances is similar to juggling shared child care with the daily commute and new relationships. There has to be joined up thinking into: What type of child care arrangement meet your child’s needs? Some children cope better than others with an equal shared care arrangement. How do the practicalities of commute and work commitments impact on sharing the child care? Will one parent be paying spousal maintenance to the other parent and, if so, how long for? Will one parent be receiving more than half of the equity in the family home to rehouse themselves as they earn less than the other parent? If you do share the care of the children and child support isn’t paid how will this impact on the finances of both parents?   With specialist legal advice from a Manchester divorce solicitor on your best divorce and financial options many parents can agree a financial settlement that meets both family’s needs and receive legal protection with a financial court order. [related_posts] What happens if we stop or start sharing the care of the children? If, for whatever reason, you stop or start sharing the care of your children then child maintenance could either stop or start. That is because in most situations you can apply to the child maintenance service for child support at any stage. If child care arrangements change then a parent may be able to ask the child maintenance service to either stop the requirement to pay child support or to vary the amount of child maintenance. That’s why, when looking at your housing options and finances on separation, it is as well to factor in possible changes in child support in future. Manchester & Cheshire based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce, children and financial settlement solutions.

If the father has parental responsibility for the child, then no, you cannot take them abroad without his consent. Under the Child Abduction Act 1984, it is a criminal offence for a parent to take a child under the age of 16 out of the UK without the appropriate consent. Fail to get permission and you could be jailed for child abduction. We are Cheshire children solicitors If you want to take your child away on holiday or overseas to live and need help getting consent contact us When taking your child abroad goes wrong It is easy to fall into the trap of thinking that as you are the mother you don’t need anyone’s permission to take your child overseas on holiday or to live. That’s exactly what happened to one mother in October 2016, when she was jailed by Exeter Crown Court. The mother, who cannot be identified for legal reasons, took her daughter to Cambodia against the wishes of the father and in direct contravention of a court order. Before leaving the UK in October 2013, the woman took out £30,000 in loans. Her and her daughter were later expelled from Cambodia after overstaying their visas. Read the report on the BBC website. In sentencing her to 2 years and 6 months in jail, Judge Graham Cottle stated that he did not agree with her defence that she was acting in the best interest of the child. Cottle said that her decision to ignore the court order “tells me you did not have her interests at heart. You had your own completely misguided and selfish interests at heart." The daughter has subsequently been placed in the care of a foster family while her mother serves out her sentence. Who has parental responsibility for a child, and so must be asked before going on holiday? All mothers are automatically given parental responsibility, as do fathers who are: Named on the birth certificate (from 1st December 2003) ; or Who are married to the mother. A father can gain parental responsibility by marrying the mother (before or after the child’s birth) or through an order of the court or by signing a parental responsibility agreement. If the father does not have parental responsibility, you are not legally required to ask his permission before travelling although it is good practice to do so. When can you take your child abroad without the father’s consent? If you have a child arrangement order which states that the child should live with one parent (you), you are free to take them abroad for a maximum of 28 days without needing to gain permission, unless there is a court order to the contrary. You can also take a child abroad on holiday if there is a specific court order in place allowing you to do so. In order to obtain one, you will need to prove to the court that the trip is in the best interest of the child. Go to court prepared with your date of departure, date of return, means of travel and other pertinent details, including background  information on your separation. In my experience, such preparation tends to pay off. Before you even go to court, I’d recommend that you speak to one of our Cheshire children solicitors. They’ll be able to give you an honest opinion of your chances of success, based on years of experience. Remember, the more you tell them about your relationship with the father, the more accurate their advice will be. [related_posts] Problems you could face travelling abroad with your child When travelling abroad without the child’s father with you, it helps to be prepared in case border officials ask questions. While written consent from the father is not required, I would certainly recommend that you get it. Ask the father to write a letter that confirms their agreement with the holiday plan and includes their contact details and specifics about the holiday. You can then present this to the border authorities if asked. Over the years, hundreds of thousands of parents have been stopped at British airports, ports and train stations on suspicion of child abduction, simply because their surname doesn’t match their child’s surname. In the UK, a child’s passport only lists their name, date of birth and place of birth, with no reference to their parents. As a result, we would recommend that you take a copy of the birth, adoption or divorce certificate with you as additional proof of your relationship to your son or daughter.

The short answer is yes you can go to prison for taking your children to live abroad if you don’t have your ex-partner’s agreement or a Court order. The Daily Mail has reported on the case of a UK mother, Indea Ford, who this week has been sentenced to three and a half years in prison, after being extradited from the States, and standing trial in the UK for taking her two daughters to live in Alaska. Mrs Ford is likely to serve nine months in prison in the UK before being allowed to fly back to the States to return to live with her second husband, two daughters and her toddler child born from her relationship with her second husband. Court order to take children to live abroad On first reading the Indea Ford decision to send a mum of three young children to prison seems really harsh, not only on Mrs Ford but on her children.  A read through the Daily Mail article reveals that Mrs Ford asked her ex-husband for permission to take her two daughters to live in the States and when he refused to agree she applied for a family Court order. All would have been well for her had she been successful in her family Court application but she lost. The family judge decided that Mrs Ford and the children had no prior links to the States and that it was better for the children to stay in the UK. The correct legal option would have been to appeal the decision or wait, build up her legal case, and apply to the family Court again. Mrs Ford didn’t do that. Instead she breached the family Court order saying that one of her daughter’s passports had been lost or stolen so she could get a replacement passport and leave the UK with her two children. Prior to her departure the children had been seeing their dad but after the move to the USA contact stopped. The criminal proceedings and extradition have resulted in the children losing both their mum and dad as the girls are currently being looked after by their step father in the States and haven’t seen their birth dad. Criminal proceedings and prison The criminal trial judge who sentenced the mother to prison time made it clear that he was doing so because Mrs Ford had deliberately breached a family Court order refusing her permission to take the children abroad to live. The family Court document said that Mrs Ford would commit a criminal offence if she disobeyed the family Court order and took the children abroad. Despite the Court warning Mrs Ford went on with her plans to take the children to the States, securing a passport for one of her daughters by lying and saying that the original had been lost or stolen when she knew that the family Court had ordered that each parent keep one daughter’s passport for safekeeping. Reporting restrictions have prevented anyone on reporting why Mrs Ford felt so driven to breach the family Court order and take her daughters to the States but the media reports that she thought her highly acrimonious split from her ex-husband was damaging to the children. After Mrs Ford has served her prison sentence she will be able to return to the States to her second husband and three children but what about the long term harm of the criminal Court proceedings and maternal separation on the children? What about the potential for the children to find it harder to repair their relationship with their birth dad because of the criminal Court case against their mum and their mother’s prison time? Last year there were a number of cases where family judges in the UK took the unusual step of sending a parent to prison for contempt of Court. Jail time is imposed because of the parent’s failure to comply with family Court orders made within child abduction proceedings. In the past if a child was taken to a country outside of the European Union or a country that isn’t a signatory to the Hague convention the parent left in the UK often felt frustrated by the legal remedies to enforce UK family Court orders to recover their child from abroad. After a separation or divorce, and particularly if families have connections to more than one country, one parent may take a child abroad, often back to their country of origin, leaving the child abroad and in the care of their extended family. The parent then returns to the UK without the child to pick up their life again. Sometimes a parent doesn’t even realise that if a child is what is called habitually resident in the UK they can't just take their son or daughter abroad to live without the other parent’s agreement or a UK Court order . When the parent returns to the UK they often plead ignorance of the law and say that they have no control over whether their relatives comply with UK family Court orders and return the child to the UK. The Zubaidy family case is an example of a situation where a family Court has been willing to sentence a parent to jail time for their part in parental child abduction. Mr Zubaidy took his 3 children into Libya, through Tunisia, leaving the children with relatives in Libya. He then returned to the UK and whilst he eventually returned his son said that he couldn’t sort out the return of his 2 daughters. The family Court took a very robust approach and ordered Mr Zubaidy to provide addresses and information to help recover and return the girls to the UK. Mr Zubaidy didn’t obey a number of family Court orders, and to the mother’s frustration and distress, her daughters remain with paternal relatives in Libya. Contempt of Court proceedings were started against the children’s father and the Court was able to conclude that Mr Zubaidy had flouted family Court orders and in August 2017 sentenced him to 12 months imprisonment. When family judges have made robust orders for imprisonment this has resulted in family members abroad cooperating with the UK Court orders and returning children. For any parent caught up in trying to recover their children from abroad getting the other parent imprisoned is the very last resort but can hold the key to the eventual return of their son or daughter. [related_posts] Applying to Court for permission to take children abroad to live The case of Mrs Ford shows just how important it is to not only comply with family Court orders but to do all you can to get it right in the first case. How much easier it would have been for the children if Mrs Ford had been able to persuade the family judge to give her permission to take the children to the States. As a children lawyer , specialising in child abduction and complex children Court cases , I sometimes find that parents question the need for detailed preparation work as they assume they’ll get the Court permission they want without having to detail the background to their separation or research their plans to live abroad. I know just how devastating it can be for a parent to be told ‘’no ‘’ by a Court and preparation is the best chance of getting the order you want. The best advice is to: • Chose a specialist children lawyer who can give you an honest opinion on your likely chances of a successful Court application and can tell you how much information and preparation will be required to maximise the chances of success; • Work with your lawyer – if they tell you that they need information about your relationship it is not salaciousness it is because they need it to help you; • Research where you want to move to – you should look at houses , jobs , health services , schools and of course how contact would work in relation to your proposals and transport times and costs; • Consider the timing of any Court application – sometimes an application should be delayed or in other family circumstances it needs to be pushed through, for example so a child will start senior school in the new country rather than join a new school in a new country mid-term; • If you don’t get the Court decision you want take more legal advice before taking your children abroad. Contact us now for legal help when taking children abroad

Children seem to be getting older younger. I am sure that I am not the only Cheshire children law solicitor who thinks that children in the 21st century are catapulted into adulthood at far too early an age but at what age will the court listen to a child? As a children law solicitor I am often asked if a judge will speak to a child and at what age a child’s views will take precedence over a parent’s wishes. I am sometimes tempted to answer with what I call the Adrian Mole answer, ’age thirteen and three quarters’, but of course no question in family and children law has such a precise answer. We are Cheshire children law solicitors If you can't reach agreement over the child custody and contact arrangements for your child and need representation in custody or contact proceedings contact us for legal help. Does a Court take a child’s wishes into account? When a court is making a decision about a child then the child’s welfare is the court’s paramount consideration.  The court considers a check list of factors when making orders relating to a child: The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; The child’s physical, emotional and educational needs; The likely effect on the child of any change in his/her circumstances; The child’s age, sex, background and any characteristics the court considers relevant; Any harm which the child has suffered or is at risk of suffering; 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; The range of powers available to the Court.   That means a child’s wishes is just one of a number of factors that a judge takes into account when deciding what is best for a child. However it is correct to say that if a child is older and has strongly expressed views then it is usual for those views to be given more weight than other welfare factors, assuming of course that the child’s stated wishes won’t put them at risk.   How are a child’s wishes ascertained by a Court? Judges often find that one parent will say that ’Johnny doesn’t want to see his other parent‘whilst the other parent will report that little Johnny is desperate to spend more time with him or her.  That puts the court in a quandary.  Many parents expect a judge to resolve the dilemma by seeing their child and asking the child what they want. Judges only see children in exceptional circumstances. That isn’t because judges don’t listen to children but because they don’t think court rooms are the best place for children. Instead a judge may order a report by an officer from the Children and Family Court Advisory and Support Service (CAFCASS). [related_posts] What is a CAFCASS report? A CAFCASS report is prepared on the order of a family court judge and is carried out by a family court advisor. The advisor is independent of the court, social services or health and education authorities. The family court advisor can either be asked to prepare a report limited to the child’s wishes and feelings or to report more widely on the child’s needs and best interests. When assessing a child’s wishes and feelings the advisor may ask to observe a contact visit between parent and child as well as speaking to the child. That’s because although a child may say that they don’t want to see a parent their actions and expressions during an observed contact visit can reveal that they have a very close relationship with their parent and their ’expressed’ wishes are really just reflecting the views of the other parent towards contact. A CAFCASS report is therefore highly influential to the judge, whatever the child’s age.   How is the child’s age and understanding measured? You would think that a child’s age would be easy to measure and you’d be right but there again no two ten year olds are the same. Cheshire children law solicitors know that you can get some very bright and articulate children at ten or late developers who struggle to express themselves in anything other than grunts or a shake of the head, whilst avoiding all adult eye contact.   If a CAFCASS report is ordered by a judge, the family court advisor should look at and assess both the child’s age and their level understanding of the application before the court. Is the child, for example, saying that they don’t want to see a parent because they know that contact causes friction and trouble at home or is it a genuinely held view? Alternatively is a child keen to move to the USA with one parent because they want to go to Disneyland but they don’t have any real appreciation of what living and going to school in the States and not seeing their other parent each week will really be like? That is why children’s voices need to be heard but also measured – after all do parents listen when a child expresses the view that they don’t want to return to school after the summer holiday break? There may be sympathy to the child’s stated views but inevitably parents will do what’s in their child’s best interests. If you can't reach agreement over the child custody and contact arrangements for your child and need representation in custody or contact proceedings contact us for legal help. Appointments are available online or in person at Holmes Chapel, Cheshire and Whitefield, Manchester.

It is not uncommon for one parent to allege that the other parent has a drug or alcohol issue when a couple split up. Why? There can be a whole variety of reasons and in this blog we look at allegations of drug or alcohol abuse and testing for substance abuse in children court proceedings. We are Cheshire Children Solicitors If you need help with sorting out child custody and contact or are concerned about substance abuse allegations in children court proceedings and need advice on a child arrangements order then contact Holmes Chapel based Evolve Family Law, contact us online. Substance abuse allegations in children proceedings There are many reasons why substance abuse allegations can be made after a separation or divorce. Sometimes the drug or alcohol consumption is mentioned in passing as ‘no big deal’ with an acknowledgement that the parent is great with the kids. In other families there is a genuine concern for the children as the alcohol or drug consumption has gone beyond recreational use and was the reason behind the relationship breakdown. Worryingly, sometimes allegations are made that are untrue as a means to stop contact or the alcohol or drug use is blown out of all proportion to the reality as a justification to stop the children seeing the other parent.   If you are worried about your children because of a parent’s substance abuse or if you are facing accusations of drug or alcohol abuse it is vital that you get early legal advice from children law solicitors so that you know what your best options are.   What is parental substance misuse? Parental substance misuse is, for clear reasons, taken very seriously and if you are unsure what the court considers as substance misuse, read one of our recent blogs what is parental substance misuse.   The issue of drug and alcohol testing in divorce and children cases has hit the headlines with reports in the Daily Mail that James Stunt allegedly provided false samples for drug testing during his divorce from Petra Ecclestone.    If one parent uses drugs or alcohol it can have an impact on their ability to look after their children or impact on how much time they should spend with the children. Many parents, despite the trauma of a split, are able to sort out child care and contact arrangements with the help of a Cheshire children law solicitor, mediator or therapist, working around the alcohol or drug issues.   If a mum of teenage boys knows her boys want to see their dad she can minimise the risks posed by her ex and his alcohol issues by insisting that the children aren’t driven in a car by their father and that a relative stays in dad’s house when the boys stay over. In a different scenario, with a toddler, the risks and issues associated with substance misuse may be very different.   Where drug or alcohol abuse is denied or parents can’t reach agreement on the impact, if any, the drug / alcohol use should have on the child care arrangements the parents may have to ask the court to decide how much time the children should spend with each parent and under what conditions.   Children court applications and alcohol and drug testing A parent can ask the court to order that drug or alcohol testing is undertaken by the other parent before contact with a child takes place.  The parent who is alleged to have a drug or alcohol issue can refuse to be tested and the court can’t force him or her to undergo a test. Obviously questions may be asked about the reason for the refusal and sometimes inferences can be drawn.   The court is normally robust in looking behind the reasons why testing is being sought. Background information is needed, for example if a parent alleges that the alcohol misuse by the other parent is longstanding but before the split up both parents shared the care of the children. The question could be raised about why the alcohol or drug use is now a welfare concern for the children. If only occasional drug use is alleged a court may want to question if the usage impacts on the children before ordering tests, for example if a parent has always limited recreational drug usage to times that the children aren’t being looked after by them.   Court approach to drug and alcohol testing The court in children law proceedings is focused on looking at what is in the best interests of a child and therefore the court is only concerned with allegations of drug or alcohol use if they impact on the parent’s ability to look after or spend time with the children.   If there are serious concerns about a child’s welfare, either before or after drug or alcohol testing, the court can ask CAFCASS or Social Services to prepare a report. The court can also order expert reports such as psychological assessments or can make referrals for parents to attend parenting courses. There are lots of reasons why these referrals are made; sometimes to help family dynamics where there is a parent with an alcohol or drug issues or, in other extremes, where false allegations of drug usage have been made and the family need help with parental alienation issues.   How are drug tests undertaken in children court cases? If a court orders testing and a parent agrees to the testing then it can take a variety of forms: hair, blood, urine. If you read the Daily Mail article you might think it is easy for parents to falsify reports but if a test is arranged privately through Cheshire children law solicitors or the court then samples are obtained in the presence of a medical professional and after formal identification of the person providing the sample. [related_posts] What to do next? If any parent finds that they are in a dilemma about whether their children should see their other parent as a result of concerns about drug or alcohol use then the important thing is to speak to a Cheshire children law solicitor to discuss the issues and explore the options for contact to take place in a safe environment.   If you are a parent facing a battle to see your children because of allegations of alcohol or drug use it is equally important to get legal advice from a children law solicitor. That is because the longer you don’t see the children for then the tougher it can become to get to see them again and resolve the family dynamics that led to the substance abuse allegations.   Whether you are a parent worried about your ex’s drug use or a parent desperate to see the children the important thing to remember is that the court and professionals approach is to do what is in the children’s best interests, and that can include contact if it is best for a child to maintain a relationship with both parents in a safe environment.

Parental substance misuse is an extremely serious issue and it is not uncommon for one parent to allege that the other parent has a drug or alcohol issue when a couple splits up. Why? Well sometimes the parental substance misuse, be it drugs or alcohol, is mentioned in passing as ‘no big deal’ with an acknowledgement that the parent is great with the kids. In other families, there is a genuine concern for the children as the parental substance misuse has gone beyond recreational use and was the reason behind the relationship breakdown. Finally, sometimes allegations are made that are untrue as a means to stop contact or the alcohol or drug use is blown out of all proportion to the reality as a justification to stop the children seeing the other parent. The issue of drug and alcohol testing in divorce and children cases has hit the headlines with reports in the Daily Mail that James Stunt allegedly provided false samples for drug testing during his divorce from Petra Ecclestone in an attempt to disprove accusations of parental substance misuse. If one parent uses drugs or alcohol it can have an impact on their ability to look after their children or impact on how much time they should spend with the children. Many parents, despite the trauma of a split, are able to sort out child care and contact arrangements with the help of a solicitor, mediator or therapist, working around the parental substance misuse. As an example of parental substance misuse, if a mum of teenage boys knows her boys want to see their dad, she can minimise the risks posed by her ex and his alcohol issues by insisting that the children aren’t driven in a car by their father and that a relative stays in Dad’s house when the boys stay over. In a different scenario with a toddler, the risks and issues may be very different. Where drug or alcohol abuse is denied or parents can't reach agreement on the impact, if any, the drug / alcohol use should have on the child care arrangements the parents may have to ask the Court to decide how much time the children should spend with each parent and under what conditions. [related_posts] Many parents are wary about raising parental substance abuse allegations in Court proceedings or alternatively parents are worried that allegations of alcohol or drug usage will automatically be believed and will result in them losing all contact with their child. That is why it is important to get early professional advice on your options. As an example the Court may question why a parent allowed lots of unsupervised contact if there are very serious allegations of parental substance abuse or why, in a different scenario, a parent hasn’t seen their child for months, making the parent child relationship harder to repair. Sometimes it pays to take things slow and at other times it is vital that a parent pushes for contact notwithstanding the allegations of parental substance misuse. For legal help with children law and child care arrangements where there are allegations of drug or alcohol misuse please contact us.  

Good news for grandparents – children law reform proposed – to give grandparents a right to apply to Court to see their grandchild. As a children lawyer I smile when I see a grandparent out with a grandchild. Why? I’m often asked for advice on grandparents ‘rights’ and it is therefore great to see children enjoying time with grandparents. Sadly grandparent contact can stop if: There is a family fallout with a son or daughter-in-law; Parents separate and the parent who is looking after the children thinks that a grandparent took sides during the divorce or wants to exert control; The death of a child and the remarriage of a son or daughter in law; Family moving away or going to live abroad. All too often when families split up grandparents can be forgotten, despite providing support such as: Continuity and stability in a grandchild’s changing post-divorce world; Childcare if both parents have to go back to work after a marriage breakdown; Family historian; A fun relative and role model. The current grandparent and child law Under current children law, grandparents don’t have an automatic right to apply to Court to see their grandchildren. Grandparents have to undergo a two stage process: Ask the Court for permission to be able to apply for a Court Child Arrangements Order. If they get permission then apply for an order setting out the time a grandchild should spend with their grandparents. The Order can provide for regular contact or just cover a one off special holiday or the grandchild being able to come to an 80th birthday party or golden wedding celebration. When a grandparent asks for Court permission to apply for a Child Arrangements Order the Court considers: The connection with the child (how close are the grandparents to the grandchild); The nature of the application for contact; Whether the application might be potentially harmful to the child's well-being in any way. Although it is usual for a Court to give permission for a grandparent to apply for a Child Arrangements Order the two stage Court process can be off putting to a grandparent desperate to see their grandchild. Once permission to apply for the Court order is granted the Court then has to decide whether contact is in the child’s best interests. [related_posts] The proposed grandparent reform According to press reports the proposed change to the children law is to do away with the need for grandparents and other close family to have to ask the Court for permission to apply for a Court order to see their grandchild. https://www.dailymail.co.uk/news/article-5697961/Grandparents-right-grandchildren-parents-split-new-law.html If the law is changed then grandparents will be treated in exactly the same way as a parent asking for a Court order to see their child. The reform has long been advocated by people’s campaigner and grandmother, Esther Rantzen. If the law is reformed it will make it easier for grandparents to see their grandchildren and grandparents will have the same ‘’rights’’ as parents to apply to stay in touch with their loved ones. For help with any aspect of children law please contact us