Children
Contact
Residence
Parental Responsibility
Child Abduction
Mediation
Children
Raleys have a great deal of experience in providing practical but sympathetic support relating to children. The sort of areas that we most often advise on are:
Contact
If you are unable to reach an agreement regarding contact arrangements with your ex-partner, we can help you to apply to the court for a defined contact order. However, if no agreement between you can be reached the court will make an order which sets out clearly when either yourself or your ex-partner is to have contact and can, if necessary, detail who is to collect and return the child. The onus is normally on the parent exercising contact to collect and return the child but other arrangements can sometimes be negotiated.
Residence
A residence order is an order of the court, which determines with whom a child should live. The court will consider a wide range of factors including standards of accommodation, the child’s daily routine, and in particular whether you propose to care for them full time yourself or, if you work full time, who will care for the child in your absence. Depending on the child’s age the court will also ascertain and consider their views, although these will not be determinative. In addition you need to show the court that you are working in the child’s best interests and have considered and made plans for their long-term future.
Parental responsibility
Parental responsibility is a legal expression used to outline the rights, duties and responsibilities which a parent has in relation to his or her child. The following individuals will have parental responsibility:-
- A mother.
- A biological married father.
- A father named on the birth certificate if the child was born after 1st December 2003.
There are also circumstances under which a step parent can acquire parental responsibility and any person who has a residence order in their favour automatically acquires parental responsibility by virtue of the residence order.
Any person with parental responsibility for a child has a right regarding all the major issues in a child’s life. Such matters include religious upbringing, medical treatment and education. In addition it prohibits a person from changing the child’s surname without the other parties consent or removing the child permanently from this country without his knowledge or consent. Furthermore, ex-husband has the same status as you in relation to attending school open evenings and obtaining school reports etc. Basically his status as father is formally recognised by him having parental responsibility. However, he cannot exercise this so as to interfere with the daily care administered by the parent with care to the child.
We can assist you in obtaining parental responsibility in respect of your child and also give advice as to what this means in practical terms.
Child Abduction
It is an offence for any parent to take a child under the age of 18 from England and Wales without obtaining the consent of all other persons with parental responsibility. However, if a child is removed without the required consent an offence has been committed. In cases such as these the first step is to contact Reunite, an organisation who assist parents whose child has been removed from the jurisdiction.
Mediation
If matters cannot be agreed you may wish to consider attending mediation. The cost of the mediation sessions are on a sliding scale according to income. We can refer you to an appropriate mediation company if you feel this may help you.
CONTACT US
If you would like to make an appointment please telephone us on our freephone number which is 0800 0730831 or email us using the website links.
