When a couple decides to divorce or separate, one of the most pressing concerns for parents is how their children will be affected. We understand the importance of your child’s welfare and will work hard to ensure that their best interests are paramount when decisions are made.
It is always best if arrangements for children can be agreed rather than be imposed by a judge. We recognise that resolving the arrangements for children can be a very emotional and difficult experience. We have the skills and experience to guide you through all options to help you reach a solution that is best for you and your children.
We recognise that in some situations it may be necessary to issue an application at court to protect your children or to enable decisions to be made about where they live and how much time they will spend with each parent and possibly other relatives. We have significant advocacy experience and knowledge of the court process to be able to advise and assist when this is appropriate.
We are committed to providing our clients with a bespoke service that is highly personalised and tailored to your individual needs to achieve a resolution.
We aim to provide you with pragmatic advice and assistance on a wide range of issues, including:
We are able to advise and assist in situations where social services have become involved either because families have sought their assistance or because of social services concerns. We advise and assist parents at the start of child protection procedures, including attendance at Child Protection Conferences and related advice. We can also represent clients if Care Proceedings are commenced by the Local Authority.
If you require further advice about child arrangements from one of our Family Solicitors in Southampton or on the Isle of Wight, please contact our team today.
Issuing a court application is the very first step in bringing proceedings before the court. Upon issuing the application, the court will set a date for your First Hearing Dispute Resolution Appointment (FHDRA) which is the first hearing in Children Act proceedings.
Before the FHDRA, an officer from the Children and Family Court Advisory and Support Service (CAFCASS) will complete an initial safeguarding letter and so you can expect to hear from a CAFCASS officer prior to the first hearing. At the hearing, the court will then want to know what the issues are that has brought the matter to court and what is needed to be able to resolve them.
We have represented a huge number of clients at FHDRAs and further hearings and we will be able to advise you as to what is likely to happen at the hearing and the information that the court is likely to require.
If you can reach an agreement about arrangements for when your children will spend time with each parent, there is no need for any court intervention. We always promote resolution outside of court where possible and we can arrange for you to attend mediation if this would assist you. In the event that an agreement cannot be reached, an application will be made to the court to issue proceedings.
We frequently represent clients at all stages of Children Act proceedings and we will be able to advise you throughout the entire process, should this become necessary.
A Child Arrangements Order is one type of order that the court can make under section 8 of the Children Act 1989. This order will determine who the children should live with and whether they should spend time with another parent, and if so, for how long and how frequently.
A Child Arrangements Order is not a ‘one size fits all’ solution and they can be tailored to your individual circumstances. We draw on our depth of experience and knowledge of these types of orders to frequently find creative solutions for our clients.
If you are intending to relocate with your children it is always best to discuss this with the other party and try to reach an agreement. If it is not possible, either party can make an application to the court to determine the issue. If you are intending to move, you would apply for the court’s approval of your decision or if you are opposing the move, you would apply for an order to prevent the other parent from moving.
We have represented clients on both sides of this situation and will be able to assess your situation and advise you appropriately.
