Children Solicitors
The breakdown of a relationship is always an emotionally stressful time, and our family law and children solicitors understand that the stress is exacerbated when children are involved. The welfare of those children is usually at the forefront of both partners’ minds; they want to minimise the impact of their separation, ensure their children’s interests are fully protected, and maintain as much contact with them as possible.
It is natural for children to want their parents to stay together, but given the right support and reassurance, they often surprise us with their ability to adapt to their new norm. In fact, it is often not the separation itself that causes the most trauma, but rather any parental conflict and ongoing acrimony. Our specialist children and family solicitors will work closely with you to protect the welfare of your children by seeking a resolution of the issues between you and your partner in the quickest, most amicable way possible.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
Once again thank you for the help, advice and guidance on this case, I genuinely have appreciated it, I understand it’s your profession, but it’s not been the easiest of times. Mr K Oakham, Rutland
When contemplating divorce or any other type of separation, many people envisage having to endure endless Court hearings to resolve the issues between them and their partner. Most of our clients are relieved to learn that there are many alternatives to litigation which are cheaper, quicker and put far less strain on all parties, including the children.
Our children and family law solicitors will explain the options available and work with you to identify the most suitable to your situation. Mindful always of the detrimental effect parental conflict can have on a child, we will seek to employ the least adversarial method to achieve your desired outcome. Litigation is always very much a last resort and will only be pursued if your matter proves incapable of resolution by any other means.
Examples of the methods our children and family solicitors regularly use to resolve issues arising from a separation include the Collaborative Family Law process, Mediation and Arbitration.
What Issues Can Our Children And Family Solicitors Help With?
Since family is different, so too are the issues which arise on parental separation. Our children and family law solicitors will take the time to get to know you and your individual circumstances and understand the matters of most concern to you regarding your children. We have experience in every aspect of child law, and regularly advise clients facing issues such as:
Where Your Children Will Live
Parents are used to living with their children and seeing them all the time. Similarly, most children have only ever shared a house with their parents and will be used to spending time with both of them together. When a couple separates, the child will usually split their time between their parents. This can be incredibly hard for both parents, who need to adjust to having periods of time away from their children, and the children themselves, who need to get used to spending time with each parent independently. Our children and family law solicitors appreciate how upsetting this can be and will support and guide you through the process sensitively and with compassion.
Importantly, you do not need to obtain an order from the court over where your children will live. This can be agreed between you. If you can’t agree using out of court methods you may need to apply to the court.
Most people refer to arrangements regarding where a child will live and access rights as ‘custody’ rights. Legally, though, that term no longer exists. The Children Act 1989 introduced the terms ‘residence’ and ‘contact’. Parents sought residence or contact orders. When the Children and Families Act came into force in 2014, it replaced these terms and introduced ‘Child Arrangement Orders’ which determine whom a child should live with and the people they are to spend time or have contact with. The terms of a Child Arrangement Order are focused entirely on the child’s best interests. As such, there is no ‘standard’ arrangement; the Court will make each Order according to a family’s individual circumstances.
Before they can apply to Court for a Child Arrangement Order, a couple must attend a ‘Mediation Information and Assessment Meeting’, or a ‘MIAM’, to ascertain whether the issues can be settled by Mediation as opposed to involving the Court. Only if the Mediator considers the matter unsuitable for Mediation, or the Mediation fails, can a Court Application be made.
Before even contemplating applying for a Child Arrangement Order, however, a couple should try to agree on where their child should live, and how the child’s time should be divided. Amicable agreement not only reduces the stress placed on both partners and, crucially, the child, but allows for flexibility as the child grows and circumstances change.
If you cannot reach an agreement between yourselves, you can seek help from an independent third party through an alternative dispute resolution method, such as the Collaborative Family Law Process, before involving the Court. If you reach an agreement with your partner but desire a degree of enforceability, you can apply for the agreement to be made into a binding Court Order.
The Court can make numerous other Orders concerning issues arising from the separation of a couple with children. These include Prohibited Steps Orders to prevent one parent from taking steps such as changing the child’s surname, and Specific Issues Orders to deal with disputes regarding specific aspects of a child’s upbringing.
Financial Support For Your Children
Child maintenance addresses your child’s financial needs when one parent does not live with them. It covers daily expenses such as clothing, food and housing.
Couples are encouraged to reach an amicable agreement over the level of child maintenance payable, through what is known as a ‘Family Based Arrangement’. Our children and family solicitors will be on hand to help you understand how much maintenance is reasonable and negotiate agreement with your ex-partner. Family Based Arrangements allow a couple complete flexibility in respect of maintenance payments. For example, you can agree on regular weekly or monthly payments, one-off payments at specific times in the child’s life or payment of outgoings such as the mortgage and bills. Your agreement relating to child maintenance can form part of an overall financial settlement on divorce.
If you cannot reach agreement, the issue of maintenance will be dealt with by the Child Maintenance Service (CMS) which will calculate how much should be paid and can arrange for payment if so desired. The Court will only intervene in child maintenance matters in limited circumstances. Those circumstances include making an Order relating to school fees, or ordering ‘top up’ maintenance if the paying partner earns over £156,000 a year, since the CMS disregards any earnings over that amount.
Child Relocation
Child access arrangements are usually straightforward to manage when both parents live local to each other. Sometimes, though, circumstances arise in which one parent wishes to relocate with the child to a new area, some distance away from the other. They may have received an attractive job offer, met a new partner or want to be closer to family. This situation can cause considerable upset and stress, particularly for the parent potentially left behind, and often leads to significant conflict.
We act for parents on both sides of the issue. To minimise the impact on the child, our children and family solicitors strive to find a solution acceptable to all involved without having to go to Court. If the parent is intent on the move, negotiations will focus on matters such as the frequency of visits to or by the remaining parent, and associated travel costs.
If a couple cannot reach agreement amicably, the parent who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move. The Court then has to decide the issue based on what would be the child’s best interests. In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent. The law governing child relocation is complex and difficult to navigate, with different rules applying to proposed moves within the UK and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests are protected, with regard to the welfare of your children at all times.
Our Children And Family Solicitors
We are a firm of specialist children and family law solicitors and regularly advise parents going through a divorce or separation. We understand that it is an incredibly difficult time in our clients’ lives, so as well as protecting your interests and giving concise, comprehensive legal advice, we will guide and support you through the process with sensitivity and compassion. By ensuring your matter is dealt with swiftly and effectively and being on hand to answer any queries you have regarding the legal aspects of your separation, we hope to lessen the burden these can place on an already stressful experience. We can also signpost you to organisations which may be able to help you and your child to deal with the impact of the separation and find a positive way forward.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
When I spoke to James Belderbos regarding separation, divorce and child matters, I found James to have a very open and refreshing approach. He strongly encouraged a non-combative approach through the use of mediation and collaboration, stating that courts were to be viewed as a last resort in resolving conflict. James was also clear on his message, advice and was punctual in meetings not looking to extend the time unnecessarily. Because of this, I was able to keep meeting times and costs to a minimum. I would strongly recommend James to anyone who needs a calm guide on the legal complexities of separation and divorce. Mr L Loughborough