CHILDREN

What about living and contact arrangements for my children?

When a relationship breaks down, it can often be difficult to regulate arrangements for the children involved, particularly concerning who they will live with and other contact issues.

It is generally going to be in a child's best interests if you and your partner can agree these arrangements between yourselves. Normally the court will only become involved if it is completely necessary to do so or if there are serious welfare concerns that make mediation inappropriate. As parents you are usually best advised to consider alternatives to court to sort out issues relating to your children such as mediation, counselling or collaborative law.

If there is dispute that cannot be resolved, court proceedings may need to be issued. If this is the case it is possible that there will be an investigation by a specially appointed Children and Family Court Advisory Support Service (CAFCASS) Officer who will make recommendations to the court on the issues. Ultimately, if you cannot come to an agreement a decision will be imposed by the judge in light of those recommendations in the form of a court order.

What about parental responsibility?

Parental responsibility comprises all the rights, duties, responsibilities and authority that a parent of a child is granted by law.  It includes being involved in important decisions such as which school your child should attend, what medical treatment they should receive, determining the religion of your child and so on.

There can often be a lot of confusion about the issue of parental responsibility following the breakdown of the family unit. The concept and its implications are not straightforward and you make need to seek legal advice regarding your rights and responsibilities.

We can help you to define your parental responsibility status and advise you on how to obtain legal responsibility for your child.

What happens if my child is taken into care?

Care proceedings are usually brought by the Local Authority when they believe that the welfare of a child needs to be protected.  Except in an emergency, efforts will be made to try and agree a way forward with the parents, but if that is not possible court proceedings are likely to be issued. If the court does become involved, assessments will be made about the child’s welfare, appropriate living circumstances and the level of parental contact if the child is at not currently living at home. At the end of the case a decision will be made, with the recommendation of the Local Authority, as to whether the child can be returned to its parents with external guidance or whether the child should be placed with a foster carer or be adopted.

As a parent you can challenge the Local Authority’s position. However, it is for the court to make the final decision so you will have an opportunity to put forward your position.  It is only after all of the evidence is considered that a final conclusion is made.

If you are a parent or person with parental responsibility for a child you will automatically get public funding for care proceedings irrespective of your financial circumstances.

Adoption

Adopting a child can be a wonderfully exciting prospect for many families. However hand in hand with the excitement goes a very serious commitment, with strict procedures designed to make sure that an adopted child will only be placed with a loving, stable and caring family.

The ‘red tape’ surrounding adoption can be daunting for many prospective parents. As the adoption process is a complicated one, it is important that you take specialist legal advice from the beginning so that you are aware of all of the implications.

We have helped many couples from all walks of life to successfully extend their families through adoption. We have also acted for many in emergency situations.

If you would like to know more about the legal aspects of adoption, please contact us to talk through your options.