Our Children Law and Domestic Violence department are a dedicated and specialised team committed to providing a great quality service with specialist knowledge to help families experiencing difficulties following separation and divorce.
We represent parents and extended family members in a range of proceedings. Legal Aid is often available.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
Child Arrangement Orders
When there is a disagreement about how a child spends their time with each parent an application can be made to court for a Child Arrangement Order. Previously these orders were known as Contact and Residence Orders.
A Child Arranagement Order can specfiy which parent the child lives with and when the child is to spend time with the other parent. Usually the Order will specify the dates and times when the child is to spend time with each individual parent. Additional time can then be agreed between the parents, if they wish, but if there is a disagreement then the terms of the order must be followed.
If the Child Arranagement Order specifies which parent the child is to live with, this prevents the other party from removing the child from their care other than for agreed contact. The police and courts will enforce a Child Arrangement Order and return the child to the party who has the Order in their favour.
In certain circumstances, the Court will consider making a Child Arranagement Order where the child lives with both parents if this is thought to be appropriate and in the best interests of the child.
Other family members can also apply for a Child Arranagement Order if this is necessary i.e. in relation to their grandchildren or nieces or nephews. Extended family members will need to first apply for leave to bring such an application and this will only be granted by the Court in certain circumstances. If they are granted leave, and a Child Arranagement Order is made stating the child shall live with them, this also gives them Parental Responsibility for the duration of the Order.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
Prohibited Steps Order
A Prohibited Steps Order can be applied for to prevent someone from taking a certain action in relation to a child i.e. removing them from someone’s care or removing them from the country. A Prohibited Steps Order is generally a temporary and/or emergency order to prevent something from happening until the Court can consider the matter fully.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
Non-Molestation Order & Harassment Order
In the event that you are suffering from domestic violence, in any form, it may be possible to apply for either a Non Molestation Order or a Harassment Order. The exact nature of the Order will depend on the nature of the relationship between the parties and the incidents that have taken place.
Domestic violence not only includes physical violence, but also includes emotional abuse, mental abuse, verbal abuse, sexual abuse and financial abuse.
In the event that a Non Molestation Order is sought, it may also be possible to apply for an Occupation Order where the Court will decide who can live in the house.
A Non Molestation Order can be enforced by the police and a breach of such an order is a criminal offence. In the event that the police do not take action, the order can be enforced through the civil court. A breach of an Harassment Order is dealt with by the civil court. Ultimately, the civil court can also impose a prison sentence.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
Parental Responsibility
All mothers have Parental Responsibility for their children, however, this is not automatically the case for fathers. Fathers gain Parental Responsibility if they are married to the mother and if their names is on the birth certificate of children born after December 2003. In the event that a father does not have Parental Responsibility by virtue of either of these circumstances, then it can be obtained either by way of agreement or by Court Order.
If an agreement can be reached with the mother, then a Parental Responsibility Agreement can simply be entered into and registered.
If an agreement cannot be reached with the mother, then an application can be made to the Court for a Parental Responsibility Order.
Step-Parents can also acquire Parental Responsibility by way of agreement if all those with Parental Responsibility are in agreement and sign a Step-Parent Parental Responsibility Agreement. Again, this document would need to be registered.
Finally, anyone granted a Child Arrangement Order for a child obtains Parental Responsibility for the duration of that Order.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
Specific Issue Order
A Specific Issue Order can be applied for to obtain permission from the Court to undertake a certain action i.e. change a child’s name or seek for them to attend a certain school. This Order is often used where there is a disagreement between people with Parental Responsibility about a certain issue.
When considering any of the above orders the Court must apply the ‘No Order’ principle and will only make an order where it is deemed necessary. In considering whether to make an order, and what the terms of that order should be, the Court have a number of factors that they must consider. However, the overriding factor is always the child’s welfare.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.