At Rogers & Norton, we are experienced in helping separated couples achieve sound, practical solutions to the arrangements for their children’s care.
Disputes
It’s important that parents agree workable care arrangements, with their children’s best interests at the forefront of the decision-making process. Sometimes, it’s not always possible for parents to agree and issues relating to the children may have to be resolved within the court arena.
Following the introduction of the new Family Proceedings Rules 2010, subject to a few exceptions, parents must first attend mediation before an application to the court can be made.
Parental Responsibility
All mothers and most fathers have legal rights and responsibilities as a parent. From arranging education to agreeing to medical treatment, a person with parental responsibility is accountable for the care and well-being of a child.
All mothers have parental responsibility for their child. Fathers have parental responsibility if they are or have been married to the mother or they are named on the child’s birth certificate. Fathers and step-parents can also acquire parental responsibility by court order or by means of a legal agreement with the mother.
At Rogers & Norton, our experienced team can advise on disputes relating to children’s care. From schooling to contact and living arrangements, our team work sensitively and collaboratively to reach an amicable agreement.
We are members of Resolution; a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.
In some circumstances, when an agreement cannot be reached, it may be necessary for an application to be made to the court. Under the Children Act 1989, the court is able to make a number of orders surrounding the well-being and care of children.
Child Arrangements Order
This order makes provision for where and with whom a child will live. The order includes the specific days and time periods and covers transportation arrangements, where necessary.
Prohibited Steps Order
From removing a child from the care of the resident parent to travelling abroad, this order prohibits a parent from doing something in connection with a child.
Specific Issue Order
Sometimes, the court is asked to make certain decisions when a child’s parents are unable to do so. In such circumstances, the court may stipulate where a child should go to school, what religion a child should follow and the name by which a child should be known.
Grandparent Rights
It is not only the natural parents of a child who can apply to the court for an order. In some cases, where there is a dispute regarding contact for example, a grandparent may apply. We can advise you if you are not the child’s parent. Our team is particularly experienced in representing clients who wish to make contact applications relating to their grandchildren.
Adoption
A couple or single person may apply to adopt a child. The effect of an adoption order is to make the adopters the legally-recognised parents of the child and to extinguish any legal right the biological parents may have over the child. Our team can provide expert advice and representation throughout a proposed adoption application.
Cohabitation
Contrary to popular belief, there is no such thing as ‘common-law husband and wife.’ While there may be no legal status for unmarried couples, the process of separation is no less painful and particularly so, if children are involved.
Our team have extensive experience in helping unmarried clients make arrangements for their children. In some cases, it may be necessary to make an application to the court for orders relating to children and any jointly-owned property.