Children

The law has changed in recent years to minimise the courts’ involvement in cases involving children unless strictly necessary. This is the general principle of ‘Non-Intervention’. There are also certain legal terms that, although they remain firmly embedded in the public perception such as ‘custody’ and ‘access’, are now redundant – neither exist under the present law.

We understand the worry and distress caused by any dispute in which children are involved. We have a great deal of experience in this area of law and approach all child-related situations sensitively and sympathetically.

Where the courts do need to be involved, we can advise in the following areas:

Parental responsibility

Married parents share joint parental responsibility before and after divorce; both parents will continue to have financial and other responsibilities and rights in relation to their child until the child has grown up, and there is no rule that after the divorce a child must live, for example, with the mother. There is no limit on the number of people who can have parental responsibility for a child at any one time whilst a person does not lose parental responsibility merely because someone else acquires it. We can advise you on the acquisition of parental responsibility by step parents, guardians, adopted parents and other family members.

During a divorce parents are encouraged to reach an amicable agreement without the court’s involvement; such an agreement is not only likely to make a child feel more secure, it is also much more likely to be successful than one imposed by the court. If the parents cannot decide who the child should live with, or how much contact the child should have with whichever parent is not going to live with the child, then, ultimately, the court has to make that decision and will consider making the following orders.

Residence orders

In divorce proceedings, if the parents cannot agree what should happen to the children, either of the parents can issue an application for a residence or contact order, or the court itself will order a residence or contact hearing. Residence orders settle the arrangements to be made as to the person with whom the child lives. The order does not have any effect on the parental responsibility of either parent; it is intended to settle the child’s living arrangements and no more.

Contact orders

Contact orders require the person with whom the child is living to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other. Where the parties are unable to agree over the degree of contact which the non-residential parent should have with the child either party may ask the court to determine the contact arrangements.

Other child-related issues  

We can also help with other issues concerning children, including:

• changing a child’s surname - in cases involving children and divorce we can advise you on other issues which might arise following a divorce such as the procedures and law which need to be observed where one party wishes to change the surname of a child where that party remarries
• appointment of Legal Guardians - many parents  are often anxious to make provision for a person to have parental responsibility for their children in the event of their death; they can achieve this by appointing a person to be the child's guardian; guardians can be appointed in a relatively informal manner; the appointment can be made by deed or will, but it is also sufficient if it is made in writing, is dated and is signed by the person making the appointment.