Solicitors providing legal and family law services in Bristol and the South West

Family Law - Children

We offer all the help and legal advice you will need to make the best arrangements for your children. Our wide experience in this area helps ensure a successful outcome.

• We have experience in all aspects of private children law

• We can help you resolve issues relating to residence and contact

• We can represent you and provide advice in care proceedings

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Children Law – Residence, Contact and Care Proceedings

We all hope that if our relationship with the parent of our children breaks down that we are able to make arrangements for the children without recourse to solicitors or the courts. Unfortunately, this isn’t always possible.

We deal with all aspects of private children law, whether it is ensuring that the children will remain living with you (residence) or being certain of arrangements for seeing your children on a regular basis (contact).  We also deal with specific issues such as a child’s name, education, religious upbringing and whether the parent with care is permitted to move out of the area or even to another country.

When a child is born today, provided the father is present at the registration of the birth and is named on the birth certificate, then he has parental responsibility (PR) for his child.  Mother’s have parental responsibility automatically. PR confers rights and responsibilities including the right to influence a child’s place of residence, education and ability to give consent to medical treatment for the child.

If a father doesn’t have PR, this can be conferred by agreement of the mother and drawn up in a document that is sworn by both parents and registered at the Principal Registry in London  If not agreed, then we would make an application to the court on your behalf.  Provided that you have demonstrated the necessary commitment to your child then the court usually has no difficulty granting PR.

Care Proceedings – Public and Care Law

Sometimes parents face difficulties in being able to care for their children. The local authority may take action by issuing care proceedings. This could lead to children being placed in foster care or even put up for adoption.

We act for parents faced with either the prospect or indeed the actual loss of their children as a consequence of care proceedings.

If this situation affects you then you need to contact us immediately to ensure that your position, as the children’s parents, is fairly represented in court.

Representation and advice in care proceedings are fully funded by the Legal Services Commission regardless of your financial means. In our experience, parents need competent advice and support in such a traumatic situation.

Questions and Answers

• What can I do to see my children/grandchildren etc or retain them living with me?
• This can be achieved in one of three ways; by mutual agreement; by independent mediation or by use of a Court application or order.

• What rights do I have regarding childcare?
• Mothers automatically have Parental Responsibility unless removed by the Court.
  
  Fathers (if named on the birth certificate – since December 2003) have Parental Responsibility rights. Alternatively, Parental Rights can be agreed or can be obtained by a Court order.

• Who has to contribute to the child’s expenses and well being?
• Both parents have to contribute. The non-resident can make agreed voluntary contributions or arrange to contribute via a Child Support Agency assessment.

Call us now for help and advice.

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