Frequently asked questions about Children Law
How do I prepare for child custody court?
It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.
The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.
Can I avoid going to court?
In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.
Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.
What happens if we can’t reach an agreement?
If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.
Do I need a solicitor for child arrangements?
It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.
Do I have parental responsibility?
Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.
If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.
What orders can the family court make?
The family court has the power to make various orders in respect of children, such as:
- Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
- Specific Issue order – Settles a dispute between parents with parental responsibility.
- Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
- Responsibility Order