Children’s Issues

Children’s Issues

If you’re experiencing a relationship breakdown and there are children involved then it’s important to know your rights as a parent. Cohabiting couples with children may have different rights to married couples and those in a civil partnership particularly if your children were born before December 2003.
PUTTING YOUR CHILDREN FIRST

Children’s Law Services – 174 Family Law

When family circumstances change, your children’s wellbeing is what matters most. We provide compassionate, practical legal guidance to help you reach clear, stable arrangements for your children’s future.

The immediate answer is no. However, the Courts are looking at ways in which they can be improved and this may include inviting your child to meet with a judge so that their wishes and feelings can be heard. At 174 Family Law, we believe court ought to be the last resort when trying to resolve children arrangements and will always promote mediation where appropriate. We can also offer Child Inclusive mediation where your child is invited to meet with the Mediator and have their voices heard.

Social services only become involved with children where a child is at risk. These are the minority of cases. Social services would become involved prior to any legal action being taken and are there to safeguard children. However, if you look to make an application to court for arrangements relating to your children then CAFCASS may be directed to prepare a report making a recommendation having met with both parents and your child or children.

Whilst it is open to you to make an application to court to pursue such a relationship it is incumbent upon the court to do what is in a child’s best interests and our laws do state this is to have a relationship with both parents. However a court cannot force a parent to have a relationship with a child.

This will depend upon a number of factors and the work which needs to be done to undertake, whether this be a referral to mediation or an application to court. However, we would recommend an initial meet with one of our Family Law experts who can chat this through with you and advise on the areas of work which are necessary. This initial meet will be a fixed fee and is none committal so you can take this advice and do nothing. Although this is not something we would necessarily advise. Legal Aid may also be available to you.

CHILDREN & FAMILY LAW

Navigating Child Arrangements & Rights

When experiencing a relationship breakdown, understanding parental rights and securing your children’s best interests is paramount especially as legal rights can vary between married and cohabiting couples. While court applications under the Children Act 1989 are always an option, we strongly encourage exploring family mediation first. It is significantly more cost-effective, reduces conflict, and gives children a safe opportunity to have their own voices and wishes heard.

Whether you are dealing with living arrangements, financial maintenance, or child protection concerns, our specialists are here to guide you. We also support non-parents such as grandparents and step-parents who wish to maintain meaningful relationships with the children in their lives. Even without automatic parental rights, we can help you take the necessary legal steps to protect those vital family bonds.

Step-by-step guide to secure your parent-child relationship

OK, I'm being stopped from seeing my child – what can I do?

01

Seek initial advice from one of our Family Law experts

Speak to our legal experts for a fixed fee (no obligation to proceed) to seek some immediate answers to your questions and understand your legal rights

02

Consider your options

Once you understand your legal rights, you can then decide the steps you wish to take to seek an early resolution to your problem

03

Referral to Mediation

Your Mediator will seek the most amicable form of resolution with co-operation from your ex

04

Seek amicable negotiation

If Mediation is not an option then we will try to engage with your ex to advance proposals and begin negotiating for you

05

Application to Court

If your ex fails to cooperate, our next step will be to make an application to Court

06

Safeguarding Report prepared by CAFCASS

CAFCASS will undertake checks with police and social services to advise the Court of any safeguarding issues in advance of any Court hearing

07

First hearing dispute resolution appointment (FHDRA)

Steps will be taken to try and mediate a resolution to the dispute with the assistance of a judge (where appropriate) and we will look to seek a “Final Order” at this stage

08

Evidentiary Hearings & Final Order

Where key allegations are contested, the court uses a Fact-Finding Hearing to gauge their legitimacy before setting directions for trial. If an agreement cannot be reached out of court, the judge will evaluate all evidence during the Final Hearing to deliver a definitive, legally binding Children’s Arrangement Order.

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