Children Issues

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Children issues (children act matters)

Research shows if issues concerning the children can be agreed amicably and positively between the parties themselves, this benefits the children.  The Keelys LLP Family Solicitors offer specialist, prompt and practical support on how to cope with relationship and private law children issues as well as how to resolve them.  We have extensive experience in the Law relating to children particularly private disputes between parents and grandparents about matters such as where children should live, what time they should spend with the other parent, specific issues, for example schooling and relocating with the children whether within the UK or abroad.

Parental responsibility

This is perhaps the single most important concept in the Law relating to children.  Parental responsibility is a legal term used to describe the responsibility rights and legal authority a person has in respect of a child.  Someone with parental responsibility is entitled to participate, for example, in naming the child, in deciding the child’s religion and in taking decisions over the child’s schooling and education.

Where two people have parental responsibility they are each free to make conflicting decisions and this is a legal reason why a separating couple need to maintain a good working relationship with one another where possible taking decisions about their child by agreement.

Private law proceedings

In Private Law proceedings (between individuals) rather than Public proceedings (where a child may be taken into care), the Court’s main powers are to make:-

  • A Child Arrangements Order – live with Order to settle where a child has his/her main home, or whether the child is to have two main homes based on a shared care arrangement.
  • A Child Arrangements Order – Spend time with Order to settle the arrangements for the children to see the non-resident parent, or at least to keep in indirect contact with them.
  • A Specific Issue Order to settle a dispute over a particular issue such as education, religion or health or relocation to either another part of the country or abroad.
  • A Prohibited Steps Order to stop a parent from doing something.

The Law relating to children is governed by the Children Act 1989. The welfare of the child is the guiding principle and any decisions taken by the Court are based on what the Court considers to be in the child or children’s best interest therefore in deciding whether to make an Order, the Court will have regard to the following which is referred to as the welfare checklist:-

  • the ascertainable wishes and feelings of the child concerned (considered in the light of their 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 is which the court considers relevant;
  • any harm which they have suffered or are at risk of suffering;
  • how capable each of their parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting their needs;
  • the range of powers available to the Court under this Act in the proceedings in question.

The main principles behind the law can be summarised as follows:

  • The child’s welfare should be the Court’s paramount consideration;
  • Any delay is likely to prejudice the welfare of the child;
  • The Court’s shall not make an Order unless it considers it would be better for the child than making no Order.

You may find the following websites useful for further information and guidance:

www.kidsinthemiddle.org.uk
www.cafcass.gov.uk

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