Children Matters

When parents separate very few actually go to the family courts to ask for their intervention. Most matters can be resolved through simple negotiation or mediation. If you cannot get an agreement with your ex-partner, we can help you.

The first step is to try negotiation then mediation to see if a neutral third party can help you to agree the a plan for you to see your children. 

Common Issues

• How often you can see your children or how often you are willing to allow your ex-partner to see them
• Whether contact should be supervised
• Whether you should allow/be allowed overnight contact

It is important to always ask yourself one question throughout your dispute - is what’s best for your children?

Going to court should always be a last resort, but for many is still the only way they are able to see their children, or prevent a violent or abusive ex-partner from having contact with them.

At court you will be able to apply for and formalise arrangements with the children. These are set out in a Child Arrangements Order. There are other orders available, such as Specific Issue Order (if there is a specific issue you need the courts assistance with) or a Prohibited Steps Order.

What is a Child Arrangement Order?

A Child Arrangements Order (formerly Residence and Contact Orders and often referred to as custody and access) can be put in place where an agreement cannot be reached between parents or through mediation regarding child care and contact arrangements.

A Child Arrangements Order will consider factors such as where your child will live, when they have contact with their parents and when and what types of contact can take place until the child is either 16 or 18.

There are two types of Child Arrangements Order-live with, in which the court decides whether the child will live equally with both parents or with one parent and a Child Arrangements Order-spend time with, where the court determines the exact timings for how long the child will spend with the parent they do not live with where the parents cannot agree.

We understand that it is not always easy to reach an agreement with a former partner regarding how much time and contact each of you will have with your child. If you are facing this situation our experienced child care team can help you with applying for a Child Arrangements Order and successfully putting forward your case.

We can act for children who are of an appropriate age and understanding who require their own representation in an application for a Child Arrangements Order concerning them or wish to apply for a Child Arrangements Order to enable them to spend time with their siblings and want someone to present their wishes at court.

We can help you with making an application for a Child Arrangements Order whether you are the child’s parent, guardian or other close relative.

We can advise on alternatives to going to court, including mediation, collaborative law and arbitration.

If your case goes to court, we will guide you through the process from start to finish.

We can liaise with the other side during court proceedings to see if a negotiation can be reached.

What is a Prohibited Steps Order?

A Prohibited Steps Order is granted by the Court and prohibits a parent or anyone else from doing certain activities with their child by placing restrictions on their parental responsibility. For example, a Prohibited Steps Order could prevent a parent from making decisions about medical treatment; taking their child out of school; removing them from their home, local area or the UK; or changing the child’s surname.

If you are separated or going through a separation and your former partner is threatening certain actions with your child such as taking them out of school or their home, then you might consider making a Prohibited Steps Order to prevent them from doing so.

Usually you will need to show that you have attended or attempted mediation before you can apply; however in some circumstances such as where there is an imminent threat, an urgent order may be made.

Parents, step-parents, guardians, Special Guardians or anyone named in a Child Arrangements Order whom the child will live with can make a Prohibited Steps Order. 

We can help you if you would like to make an application for a Prohibited Steps Order or you have received notice of an application for one.

We can assist you if you would like to vary an existing order.

We can advise if you want to make a Prohibited Steps Order as a stand-alone application or in conjunction with a Child Arrangements Order.

We can help you to access family mediation in an attempt to reach a resolution.

We can represent you at court for contesting such orders.

Grandparents Rights

Grandparents can easily be excluded from seeing their grandchildren. When relationships breakdown, it is often the wider family who suffer in not seeing the grandchildren. It is often a time of emotional distress and as a grandparent you are in a difficult position in how to re-establish links with the grandchildren. You may have become estranged from your grandchildren, and you wish to seek to re-establish contact.

It is often difficult to know how to start in attempting to re-establish contact, we are here to help.

Sadly, grandparents do not have an automatic right to contact with their grandchildren. If contact has broken down, it is hoped that negotiations can rebuild contact but if not, an application would be needed to make an application to see your grandchildren under a court order. The importance of extended family in the child’s life has been established and such an application is rarely refused.

We would always suggest mediation as a first step, if possible. Mediation is where an independent person helps you to try and reach an agreement as to your contact with the grandchildren. If negotiations and mediation fail to reach an agreement, then an application to court for permission to apply to see your grandchild would be required. In any event, before an application to the court for a Child Arrangements Order, grandparents would have to attend a Mediation Information and Assessment Meeting (MIAM) unless there is an exemption.

Grandparents must first apply for permission (“leave”) to apply for a Child Arrangements Order, and the court will consider each case on its own merits. Initially the court will need to decide if leave can be granted. The court will look at a number of factors including, the involvement of the grandparents in the children’s lived, the impact of the application upon the children’s wellbeing. It would be rare for leave to be refused.

Grandparents rights after the death of a parent

Grandparents rights do not include an automatic right to care for their grandchildren upon the death of one or both parents. An application may be required to be made to court. Courts will consider what is in the best interests of the child and that can include placing the grandchildren with the Grandparents, especially when the alternative is foster care.

It is important that a guardian is nominated in the parents’ wills so that their wishes can be heard after their death. If a grandparent is named as a legal guardian of a child in the event of a parent’s death, they would expect the parents’ wishes to be upheld. If a dispute arises or if no guardian is nominated, the subject of guardianship and where the child should live, can be resolved by the courts.

If you already have a court order granting you contact but are still being denied seeing your grandchildren then you will need to go to court to have the court order enforced.