CHILDREN LAW SOLICITORS

Children Law

One of the most emotive fields in the legal system is that of children law. Any legal matter that involves children is likely to be rife with emotion, and the necessity for sensitivity and protection of minors is imperative. Children law solicitors are knowledgeable in a vast field of law and domestic matters, and work with empathy and discretion to achieve results without imposing unnecessary stress on children.

What is Children Law?

Children law or child law refers to a multitude of legal matters that centre around the welfare and maintenance of children. A child law solicitor will be skilled in their abilities to draw up contracts relating to custody, adoption and financial maintenance plans as well as acting as an empathetic and sensitive advisor.

The field of children law is a complex one and involves a variety of cases. A solicitor that specialises in children law is one who understands the laws, processes, emotions and timescales of a wide spectrum of legal cases involving children and their wellbeing.

What can a children law solicitor help me with?

There is a wide variety of cases that a children law solicitor can assist with. Some of the most common cases that are brought to legal firms include:

Custody - When a couple separates, one of the priority concerns for many is who will take primary care of the children. Some couples are able to make this arrangement amicably, and others may dispute it, needing a court ruling to determine the best scenario. A children law solicitor will work with parents to guide them through building a case, protecting the welfare of children and arranging mediation and paperwork. The solicitor will work hard to prevent undue impacts on youngsters and empathetically assist clients to ease the processes involved in custody cases.

Parental Responsibility - A mother is automatically given parental responsibility upon the birth of her child. If a father is married to the mother at the time of birth, he is also granted parental responsibility. If the father is not married to the mother, he is given parental responsibility when he is named on the birth certificate or when he applies for it with the agreement of the mother.

Otherwise, the father must apply to the court for parental responsibility and will be granted this upon the discretion of the court. Parental responsibility may also be granted to people who are not the biological parents of the child. The children law solicitor will work closely with their clients to understand their individual cases and to determine whether they have grounds to pursue an application for parental responsibility. The solicitor will then arrange for the necessary forms to be completed and submitted for application in a timely manner.

Child Maintenance - A children law solicitor can work with their client to arrange the financial support that is needed to benefit children when parents separate. The solicitor can help draw up the agreements that are made on a personal basis, or complete the relevant paperwork needed for the Child Maintenance Service. A children law solicitor will also assist parents who have disputes with child maintenance payments. This includes helping parents locate a person liable for child maintenance payments, arranging the repayment of missed payments and implementing a plan for future payments.

Prohibited Steps Order - If you have a fear that your partner or ex-partner could take your child out of the country, your child law solicitor will be able to work with you to create a prohibited steps order. This order is issued by the family court who can make it illegal for a person to take specific actions, such as leaving the country with a child. This order can also make it legal for one parent to make decisions without any input from the other. A court will only grant a prohibited steps order if it is deemed to be in the best interests of the child.

Adoption - Child law solicitors are knowledgeable and skilled at the legal requirements of UK and overseas adoption. The solicitor will help you to ensure that the adoption is legal and that all necessary forms are completed correctly. This can include the parental order, change of names and considerations such as medical responsibilities being transferred. The children law solicitor will also assist new adoptive parents in creating or amending wills and encourage them to think about life insurances, finances for the child's upbringing and visitation arrangements that may be granted to biological relatives of the child.

Are the views of a child heard in a legal situation?

The welfare of the child is paramount at all times throughout legal cases and as such, every person involved will endeavour to ensure that no child suffers unwarranted stress. For this reason, a child will never be asked to choose between their parents.

Parents are encouraged to listen to the desires of their children without prompting their choices and especially with older children, are encouraged to understand their perspective. Children may also be involved in mediation approaches, which will help to ascertain what is best for them in a relaxed and controlled environment.

A family court may appoint an expert from the Children and Family Court Advisory and Support Service to liaise with the child to understand their wishes and any responses are likely to form the decision process of the court.

Can a children law solicitor help if my partner won't let me see my children?

It is important to act as quickly as possible if there are disputes between parents with regards to access to children. A children law solicitor will have a wealth of experience in this field and will provide expert advice on how to respond in a legal and effective way.

It may be possible to reach solutions through family mediation and amicable liaisons, and this is the preferred method for reaching results. Sometimes, a legal letter will have the required impact and shock the other parent into a reasonable and fair interchange. If neither of these approaches work, it may be necessary to commence court proceedings in order to obtain a Contact Order.

Children law solicitors are likely to advise parents who have been prohibited from direct contact to continue indirect contact where possible. Writing letters, sending emails and trying to communicate with the child will demonstrate the intentions of the parent and highlight their efforts to a family court. It is always vital to consider the effect on the child and be sure not to distress them in any actions.

A person with parental responsibility is legally entitled to receive updates on the child's welfare and copies of their school reports.. A children law solicitor will be well placed to advise their clients on how to access such updates in a legal manner.