Care of children within the family
We can help in resolving disputes as to the care of children through the court and / or through mediation and negotiation.
We do try to encourage agreement as soon as possible in order to avoid distress to the carers and to the children although we also ensure that our client’s arguments and concerns are put forward and addressed. The general principle behind the court’s approach is to investigate the best interests of the child and to ensure that these are met. This approach applies to where the child should live and as to the level of contact that a person should have with the child.
The main orders in relation to children that can be made by a court are residence orders (where a child should live), contact orders (when and how a person can see the child), prohibited steps orders (orders preventing something such as removing the child from the country) and specific issue orders (such as what school the child should go to).
Another important area of law regarding the care of children is that of parental responsibility. Parental responsibility is defined as the rights, duties and responsibilities associated with parenthood. Mothers automatically have parental responsibility as do fathers who were married to the mother at the time of the child’s birth and fathers who are named on the child’s birth certificate (if the child was born after 1 December 2003). A father can otherwise obtain parental responsibility either by formal agreement with the mother or by order of the court.
