The family courts deal with a wide range of issues that arise when relationships break down.
Applications related to children
Child arrangement orders (CAOs) - these orders determine how much time a child spends with each parent after separation, and were previously known as custody orders. They cover living arrangements, contact arrangements (visitation) and communication methods between parents. These are common court proceedings and Belderbos Solicitors is very experienced at completing these with positive outcomes for our clients
Relocation with children - if a parent wants to move with their child but is just not able to reach an agreement with the other parent, they can apply for court permission. The court prioritises the child's best interests always, considering factors such as the move's motive, potential impact on the child's life and the impact on their relationship with the other parent. These can be emotionally-charged court proceedings. We will manage them calmly but robustly on your behalf
Prohibited steps orders (PSOs) - these restrict a parent from taking specific actions regarding the child, such as taking them overseas, removing them from school, or changing their last name
Specific issue orders - we can help you to address specific issues related to your child, such as consent for overseas travel, school choice, or the child's last name
Parental responsibility orders (PROs) - we can also help you establish parental responsibility if you don’t automatically have it, allowing you to participate in decisions regarding your child or grandchild's education, medical care and other important matters
For all court proceedings involving children, it is important to know what the court will consider. The child is priority number one so the court will look at what is called the welfare checklist:
Applications related to finances
If an out-of-court financial agreement proves impossible, a family court can be asked to make a financial order for dividing assets such as savings, pensions, property and investments, and deciding on child maintenance.
Financial orders and child maintenance
In our family law courts, financial matters typically revolve around dividing assets and determining spousal maintenance when couples divorce. We can help you achieve positive results with the following:
- Division of assets - the court can issue a financial order that splits marital assets and debts fairly. This may include savings accounts and investments, property (house, land, etc), pensions (private and public) and valuable possessions. In court, we will help you address the various matters commonly faced with asset division, namely:
- The length of the marriage or civil partnership
- The financial contributions of each partner during the relationship (including income-earning and home-making)
- The needs of any dependent children
- The future earning capacity of each partner
- The value of each asset
- Child maintenance - the Child Maintenance Service (CMS) usually calculates child maintenance payments based on the paying parent's income. However, the court may intervene in some situations, such as:
- Determining school fees if not already covered by the CMS calculation.
- Ordering "top up" maintenance if the paying parent earns a very high income (above £156,000 per year, as the CMS disregards earnings exceeding that amount).
Other family court applications
- Non-molestation orders - if you or your child are at risk of violence or harassment from an ex-partner, we can help you gain protection through the court with a non-molestation order
- Occupation orders - speak to us if you need professional legal advice for specifying who can live in a particular property
- Orders for marriage or civil partnership dissolution - we can help you to deal with the legal aspects of ending a marriage or civil partnership
- Applications under Schedule 1 of the Children Act - Courts can make orders for maintenance lump sums, housing, bursary and school fees for children of unmarried parents.