Children

We provide specialist advice and representation in relation to all children related matters. Our areas of expertise include the following:

  • Contact (the circumstances in which a child sees another person/parent)
  • Residence (with whom a child lives)
  • Specific issue
  • Parental responsibility
  • Prohibited steps
  • Applications to remove children from the jurisdiction
  • Abduction
  • Change of child’s surname
  • Injunctions
  • Child maintenance (see finances)

It may be possible to resolve disputes regarding children in a non-confrontational manner for example, by attending mediation, or by negotiations conducted in a conciliatory manner. If this is not possible, however, it may be necessary to initiate court proceedings.

Matters the courts will take into account

When the courts are asked to decide any question with regard to a child, their paramount consideration will be the child’s welfare.

The courts have regard to a checklist in deciding what order to make and will consider the following in reaching its decision:

  • the ascertainable wishes and feelings of the child concerned in the light of his or her age and understanding
  • the child’s physical, emotional and educational needs
  • the likely effect on the child of any change in their circumstances
  • the child’s age, sex, background and any characteristics the child may have which the courts consider to be relevant
  • any harm which the child has suffered or is at risk of suffering
  • how capable each of the child’s parents, and any other person in relation to whom the courts consider the question to be relevant, are of meeting their needs

Protecting the children involved in your relationship breakdown

It is essential that children are sheltered from as much emotional turmoil involved in a relationship breakdown as possible. You may find referring to the link below helpful, for leaflets offering guidance to adults upon relationship breakdown and to children whose parents are separating.

http://www.cafcass.gov.uk/publications.aspx

Our solicitors have a wealth of experience in dealing with children matters. We recognise, however, that each case concerning children has its own unique set of circumstances and characteristics. We are able to provide you with specific advice in relation to your particular case including the prospects of succeeding in any application to the court. For more information, please contact us on 01992 892214.

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01992 892214

Dartmouth:
01803 752682

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