Child Law Solicitors

The courts like parents to reach agreement between themselves over child arrangements wherever possible. At Chattertons Solicitors, we specialise in helping parents find a solution without unnecessary conflict.

We can advise you on what you could put into a parenting plan and negotiate on your behalf to try to reach agreement with your child’s other parent. Even if you cannot agree on all issues, it is always advantageous to try to resolve as much as possible without the intervention of the court.

If you cannot reach an acceptable solution with your child’s other parent over child arrangements, to include where your child will live, the next step is mediation. In some cases this may not be appropriate but we will let you know if we think this is the case.

We can advise and represent you throughout this so that you understand the procedure and so that your rights and interests are protected. The mediator is a neutral third party who will attempt to help both parents agree on the way forward. Unlike the court, a decision will not be imposed upon you and the outcome will be something that you have both agreed upon.

If agreement cannot be reached, then you can ask the court to make a decision. The judge will look at issues such as the child’s wishes (depending on their age), the child’s needs and the ability of each parent to meet them, any risk of harm and any other significant factors.

It is always advisable to instruct a solicitor when you deal with child arrangements. They will be able to suggest all of the issues you may want to put into the agreement, which can help avoid misunderstandings and disagreements later on.

If you ask us to act for you, we will make sure that your interests are recognised and that the agreement is sound.

If you wish to take a child out of the country, you will need the consent of anyone with parental responsibility. This often means that you will need the other parent’s written consent.

Parental responsibility is the rights, duties and responsibility that a parent has in relation to a child.

It includes providing a home, protecting the child, arranging for education, agreeing to medical treatment, naming the child and looking after the child’s property.

You do not have to consult anyone else with parental responsibility if you wish to make a routine decision, however they will need to agree in writing to any major decisions such as moving the child abroad to live or consenting to medical treatment.

A child’s birth mother automatically has parental responsibility as well as fathers who are married to the mother or in a civil partnership with them at the time of the birth.

Unmarried fathers will usually have parental responsibility if they are named on the birth certificate. Same sex partners will usually have parental responsibility if they were married to the birth mother or in a civil partnership with her at the time of donor insemination or fertility treatment, or if they have adopted the child.

A specific issue order is the court’s ruling on a particular matter that it has been asked to consider. Examples include where a child should be educated, whether they can have a particular medical treatment or whether their name can be changed.

A prohibited steps order prevents something being done concerning the child, such as stopping them from being taken abroad or preventing a named person from having contact with them.

Where domestic abuse is an issue, the wellbeing of the child will be of paramount importance. A court will consider the physical and emotional impact of the abuse on the child, including in the future. The risk of harm to the parent who is the victim will also be taken into account.

The authorities will put safeguarding measures in place, such as preventing the abuser from having contact with the child or only allowing them supervised contact.

The abusive parent is recommended to take steps to address their behaviour and be able to demonstrate this to the court if they wish to convince it that they no longer pose a threat.