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Arrangements for Children
Children and Separation
If you have children and your relationship breaks down, one of your priorities will be to protect them and to ensure their physical and emotional wellbeing comes first.
During this difficult process, it may be the case that you and your partner may not be able to agree on the arrangements for the children and issues may arise over which parent a child should live with and the frequency of contact with the other parent.
At Premier Solicitors, we have a highly experienced, dedicated and committed team who can assist, to ensure you understand your legal rights, responsibilities and the options available to you such as Mediation, Negotiation or issuing Court Proceedings.
From 22 April 2014, Contact and Residence Orders are no longer available and have been replaced with Child Arrangements Orders. This is essentially an Order which regulates whom a child lives with and has contact with.
As a parent you can also make an application to the court for the following orders, depending on your circumstances, namely :
- Specific issue Orders - Where a court decides on a specific issue in relation to the child- for example which school a child should attend.
- Prohibited Steps Orders - where a court decides whether a parent should be prohibited from taking a particular course of action in relation to the child, for example prohibiting a parent from removing the child from the jurisdiction.
One of the most difficult situations a parent may have to deal with is, when one parent wishes to relocate with the children and live in another country. The parent wishing to relocate cannot do so without the consent of all the individuals who hold parent responsibility for the child or without the courts permission.
Again at Premier Solicitors, we have a family team, with considerable experience in leave to remove cases, please contact us for further advice.
Grandparents (and other relatives) have to seek the courts permission in the first instance to enable them to proceed with their application under the Children Act 1989.
However permission will usually be granted since the court recognises that it is in the child's best interest to maintain a relationship with extended members of the family whom the child has formed a close bond with.
If you are a grandparent and want further advice in this area and of your options please do not hesitate to contact us.
A step-parent is a person who is either married to or is the civil partner of a child's parent. Circumstances may arise where the natural parent of the child may want to give a step-parent a legal status, for example where a child's natural parents have died and the step parent is left looking after the child. In these situations, although adoption may be a solution, the process in itself can be complicated and it may be suitable to consider other alternatives such as Child Arrangements Orders to give the step-parent, parental responsibility for the child.
For further information on this area, please contact us.
Financial Provision for Children under Schedule 1 Children Act 1989
Schedule 1 of the Children Act 1989 enables an unmarried parent, guardian, special guardian or a person in whose favour a Residence Order has been made to apply to the Court for financial provision for a child.
It is primarily used to ensure adequate provision of a home for a child and/or to obtain an award of periodical payments in cases where the non-resident parent has an income which exceeds the Child Support Agency's maximum.
The Court can make a range of orders, which include the following:
- Child maintenance (in addition to the maximum maintenance as assessed currently by the Child Support Agency), which can include the cost of a nanny, school fees and, in some cases, the costs of university education; and
- A capital lump sum for costs directly referable to the child (for example, the purchase of a car or the costs of equipping the child's home); and
- A transfer or settlement of property for the purpose of providing a home for the child during their minority (which will mean that once the child completes their secondary or tertiary education, the property which was transferred or settled will be returned to the parent who funded or provided it).
Schedule 1 provides important financial remedies for the parents of dependent children.
Call us today on 01234 35 80 80 to speak to a member of our qualified team.
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