Child Care
Separated parents do not always agree how their child should be brought up. It can be heartbreaking to find yourself without contact with your children. We can help to advise you on how the law would view any dispute and help you to resolve matters.
There are often many questions in the minds of parents, we hope that this webpage will address some of them, if you do not find the answer to your problem here click here to tell us about your problems
During Divorce
A Statement of Arrangements for the children is filed. If both parties cannot agree, you may have to attend a hearing, where Reports may be requested and meetings with the court welfare office (CAFCASS) are arranged to seek a resolution.
The Law (The Children Act 1989)
The child's welfare is the most important consideration for the Court.
Contact
The Court will bear the following in mind:
- the child's wishes (depending on age and understanding)
- likely effect of any changes in the child's circumstances
- the child's physical, emotional and educational needs
- the ability of the parents to meet the child's needs.
- the child's age, sex and background
- any harm suffered or risk of harm
Residence
When granting Residence (where a child should live) the Court may consider:
- the child's wishes
- A non-working parent may be preferred to a parent who has to arrange childcare
- The closeness of other family members to whom the child is most attached.
- The parent who can show greater stability for the child
- Is there any need to change existing arrangements
- adequate mothering for young children
- avoiding separating children
What else can the courts
do?
If parents cannot agree on other
issues the courts can:
- decide what is to happen ('Specific Issue Order') eg medical treatment for a child, or
- stop something from happening ('Prohibited Steps Order') eg taking a child abroad.
Parental responsibility
- If the parents were married when the child was born, both parents will have parental responsibility.
- The Court can decide whether a father, who is not married to the mother of a child, should have parental responsibility for a child (Parental Responsibility Order).
- Parental responsibility means that both parents are responsible for caring for their child, their child's education and other key decision's in a child's life.
What about money?
A parent has financial responsibility for the child upto the age of
17 or when the child leaves full-time education, whichever is the
later, whether or not there is any contact with the child.
How will the Court be able to decide what is best for the Child?
- The court will take evidence from the parents, both in writing and in court
- The court will ask the child, depending on their age or maturity
- The court will involve the court welfare officer (CAFCASS) to look into the circumstances of the application, to provide an independent expert's opinion.
The court will use this information to encourage the parties to reach a compromise and to ultimately make a decision, called an "Order".
Contact Brown Turner Ross about Childcare problems
Tell us about your problem and we will contact you within 1 working day to take detailed instructions from you and advise you on how best to fund your case: