Childcare and Adoption

Children are particularly vulnerable to the effects of divorce and separation. Our solicitors act in way that recognises the emotional complexity in matters involving children.

If the parents cannot come to an agreement about the living arrangements for their children, it will be necessary to apply to the Court for a child arrangements order. This is where we can help.

Our specialist family solicitors represent parents, children, grandparents and extended family members in care proceedings. The legal framework for involvement of the Court is provided by the provisions of the Children Act 1989. This empowers the Court to make a range of Orders in relation to your children (usually only until the child reaches the age of 16), including:

• A Residence Order which will specify with whom a child will live. Shared residence orders are now increasingly common
• A Contact Order which sets out the terms and frequency of contact between child and parent without residence
• A Prohibited Steps Order preventing certain steps being taken (i.e. taking a child abroad, changing schools)
• A Specific Issue Order setting out precisely how a particular issue should be dealt with. This may be, for example, obtaining permission for a holiday.

In all applications concerning children, the Court treats the children’s best interests as the paramount consideration. In doing so, the Court will consider the following:-

• The children’s wishes and feelings (having regard to their age and understanding)
• The needs of the child
• The effect the change of circumstances is likely to have on the child
• The child’s age, sex, background, etc.
• Any harm the child may suffer or be at risk of suffering
• How each parent is capable of meeting the child’s needs

In most family court proceedings the child’s voice is heard through a Cafcass Family Court Reporter who will speak to the child and report the child’s wishes to the court.

For advice and further information please contact our Family Law team on 020 8826 1203 / 020 8826 2273 or email us at info@caseandlaw.co.uk. Alternatively, you can fill out the contact form below to arrange for a call back from one of our specialist solicitors.