Children Disputes Guide From Family Expert
Children Disputes
Child custody and access to children can be very distressing problems and it is advisable to seek specialist Family Law Advice.
If you and the child's other parent cannot agree on various issues over your children and are separated or getting divorced your Solicitor will try to help you resolve the Dispute informally.
If this does not work you could be referred to Mediation. Mediation is voluntary, and offers separating and divorcing couples the opportunity to resolve issues arising from the break-down of their relationship and to make arrangements for their children as well as other issues such as separation, finances, property, debts and the future.
If the dispute is still not resolved or you do not want to go to Mediation either parent can to make an application to the court to decide an issue relating to their child. This could be about the residence or custody of your child, access to or contact with children or to determine a specific issue such as whether the child should have certain medical treatment. Such applications are always something of a last resort.
The Court has the power under the Children Act 1989 to make various Order in respect of children but where possible the court trys not to intervene. Section 1(5) of the Children Act 1989 reads: 'Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.'
The following are Common Types of Orders:
- Residence order- means an order settling the arrangements to be made as to the person with whom the child is to live.
- Contact order- means an order requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other.
- Prohibited steps order — means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court.
- Specific issue order-means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility or a child
We understand getting divorced, separating from your partner or trying to agree arrangements for your children and financial issues on separation can be daunting. This is an emotional and worrying time and our dedicated Divorce and Family Law Experts are here to help and offer FREE Legal Advice and Guidance.
Whatever your questions, we will be pleased to hear from you.
Our Divorce and Separation Advice Service by email and telephone is completely free of charge. If you want to instruct us to deal with your Divorce or any Separation issues we will be pleased to represent you and will provide an estimate of what the costs are likely to be once we have discussed your individual requirements.
Our Specialised Family Solicitor is a member of Resolution which is an organisation which promotes dealing with divorce and children matters in a non-confrontational manner.
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