Children - Disputes or Arrangements

A breakdown in any relationship is an emotional and distressing time. When there are children of the relationship the breakdown can be even more upsetting and anxious.

If future arrangements for the care of the children cannot be agreed following separation it may be necessary to visit a solicitor for advice.

We believe a sensible and sympathetic approach will often resolve these emotive issues via negotiation. Mediation is also an option and we work with various organisations which we can refer you to if required. Keeping the lines of communication open in any such disagreement is always a key.

Court action should be the last resort but if it is a necessary option then we can advise and guide you through the process.

In certain complex matters, dependent upon the age of the child and the issues involved, the child may be made a party to a court case about themselves. This is only permissible if the court thinks that this is necessary. Your child would then have representation via a children’s guardian and/or solicitor to ensure that their voice is heard.

In all cases concerning children the interests of the children is of paramount concern to the court.

Here at Sharratts we will ensure that you are fully advised of all of the options available to you, contact us to discuss your individual needs.

Grandparents (and other relatives) can make applications in their own right in relation to a child of the family but require permission of the court to do so, unless they already have parental responsibility for the child in some other way such as by way of an existing child arrangements order or special guardianship order in respect of the child concerned.

We work with grandparent support organisations and would be happy to discuss any query you may have.

To seek a special guardianship order in respect of a child you must be over 18 years of age and be connected to the child concerned in some way. You may be automatically entitled to apply or you may need the court’s permission to do so.

The parents of a child may not seek a special guardianship order in respect of their own child.

Part of the criteria to apply for a special guardianship order in respect of a child requires an eligible applicant to seek a social services assessment.

If you are granted a special guardianship order in respect of the child you will also be eligible for a support plan from the local authority department in which you reside. This will be part of the social work assessment and can include financial and other support.

The support plan will also be reviewed annually until the child reaches 18years of age.

Contact to the birth parents will also be assessed in the course of the assessment.

You are advised to have independent legal advice before entering into such an arrangement as special guardianship orders are considered long term orders (for the child’s minority) and you obtain enhanced parental responsibility for the child over and above that of the birth parents.

You are also obliged to have a current will to provide for testamentary guardians for the child in the event of your death before the child reaches 18years of age.

Contact us to discuss your individual needs.

Adoption is a very specialist area of law and if you are planning on adopting a child, the advice of a specialist solicitor is invaluable.

Our specialist team have a wealth of experience dealing with adoption cases nationally and can advise, assist and support you throughout the adoption process.

We can advise if you are eligible to adopt a child and what steps to expect in the process.

Contact us with your query.

If you have a child as a result of a surrogacy arrangement you will need to seek advice on applying for a parental order for the child within 6months of the child’s birth.

If the arrangement with the surrogate remains amicable this is fairly straightforward. Problems arise when disagreements arise with the surrogate.

Contact us to discuss your individual issues.

A mother always has parental responsibility for a child as she has given birth to the child and maternity is therefore not in doubt.

It is not always as straight forward for a father.

If the father is married to the mother of the child he will automatically have parental responsibility (even if he is not the biological father) as the marriage gives the presumption that he is the father. The presumed parental responsibility to the mother’s husband does not automatically end if the marriage comes to an end after the birth of the child. The presumed parental responsibility has to be rebutted by someone.

The presumption can be rebutted by the biological father by way of DNA testing and a subsequent court application (for a declaration of paternity) which will then allow the child’s birth certificate to be corrected. This then removes the presumed parental responsibility from the mother’s husband and provides parental responsibility to the declared biological father.

If the father is not married to the mother of the child then he will only have parental responsibility automatically if he is registered on the child’s birth certificate (as father to the child) and the child was born after the 1st December 2003.

If the father is not married to the mother of the child (and the child was born before the 1st December 2003) the father will not automatically have parental responsibility for the child but he can obtain it in a variety of ways :-
- He can marry the mother ;
- He can obtain the consent of the mother –and both parties can enter into a parental responsibility agreement;
- He can apply to the court for an order that he be granted parental responsibility for the child

A father does not need parental responsibility to be a father to the child but if he is the biological father and there is no good reason why he should not have parental responsibility, then a court is likely to grant parental responsibility.

If a father does not have parental responsibility he may not be given information from third parties such as schools, GP’s or hospitals etc.

Step-parents can also obtain parental responsibility (for a step-child) by entering into a step-parental responsibility agreement or via court order.

Things often happen quickly and one parent (or a relative) can make unilateral decisions about their child following a relationship breakdown which the other parent considers puts the child at risk. In such circumstances it is important to take action quickly and we can help.

We can consider emergency court orders such as port alerts, recovery orders or emergency child arrangement orders or orders prohibiting the actions of another parent or relative.

We are able to respond quickly to any such need whether it is during office hours or out of hours.