Children

When a relationship breaks down it is very important to decide how best to make arrangements for any children. Sometimes problems can arise years after separation. We provide specialist advice about the law, the approach of the Courts and the rights and responsibilities of children, parents, grandparents and so on. These matters are best dealt with by a sensitive and conciliatory approach. On other occasions firm action is in the best interests of the child. We can help you find the best way of dealing with disputes and we treat the child's interests as the first consideration. This can be important as other issues can make it difficult for people to keep this at the forefront of their mind.

Any arrangements for the children, whether it is for a separation or indeed a divorce should always be child-focused. Going to Court should always be viewed as a last resort and we can talk you through the options to avoid Court.

However, sometimes Court is unavoidable and a Court Order is necessary. There are different Court Orders to apply for and terminology has changed over the years. Things used to be known as ‘custody’ and ‘access’ and then ‘residence’ and ‘contact’. Now it is a ‘Child Arrangements Order’ that sets out where a child/children are going to live, who they will spend time with and the general arrangements.

There are other Orders that can deal with issues such a school or health concerns, these are known as ‘Specific Issue Orders’.

To prevent something happening to a child and to protect them from a risk of harm there is a ‘Prohibited Steps Order’ that can be applied for.

Ward Gethin Archer also frequently assist clients who wish to apply for Special Guardianship Orders, an order that gives a person enhanced parental responsibility over a child. This usually occurs when the Local Authority are involved, and the children have been placed with the proposed special guardians due to concerns regarding the children’s biological parent/s being unable to look after the child safely.

Whatever your issue or indeed chosen option, we have experienced family solicitors that are able to support and advise you through this process.

Sadly, sometimes it is necessary to enforce a Court Order that has already been made and, again, our family department can talk you through the necessary process and the issues the Court will consider regarding its enforcement.

Above all, the law is in place to put the children’s interests first and foremost and to protect them.

Click here for answers to some common Children questions or click here to contact us.