Children

Protect your children during Divorce

Divorce happens, and with it the complications of children caught in the crossfire.

Needless to say, in any dispute involving your children, the best interests of the child are the most important element.

Sometimes this means that you need to take legal steps to protect your child. In this case I can work with you to make sure that you achieve the outcome you desire.

This can be a complicated process, but I will be with you every step of the way, to guide you through.

Form C100

If you need to apply for a court order to make arrangements for a child, or resolve a dispute about their upbringing, you will need to complete this form (C100). I am very familiar with this form, and can guide you through the various sections, offering points for your application and helping you with the terminology

If you are alleging that harm has been done to your child or children by your partner, I will help you complete this form (C1A). I can help you with urgent applications or if you need to respond to an application.

When dealing with your case, the court will apply the following principles:

  1. The Welfare Checklist
  2. Cafcass reports
  3. Parental Responsibility (P.R.)
  4. Child Arrangements orders (CAO)
  5. Prohibited steps order (PSO)
  6. Specific issue orders (SIOs)
  7. Residency/Relocation

(Click on the principle below to expand and get further info)

1. The Welfare Checklist

I will work with you to advise how the court may decide on important matters as your child’s upbringing or administration of your child’s property.

According to The Children Act, when the court is considering whether or not to make an order in relation to a child, it must not make the order unless it considers that doing so would be better for the child than making no order at all.  This is known as the ‘no order principle’.

I will also talk you through the “no delay principle” – where there is an assumption that any delay in getting a decision is likely to harm the child’s welfare.

In both these issues, I will advise you on how the court decides what is in the child’s best interests. I will go through the seven factors the court must consider deciding what will best serve your child’s welfare.

2. Cafcass reports

Cafcass is the Children Family Court Advisory and Support Service. An officer from Cafcass will prepare a report for the court to help it make an informed decision about your child’s welfare.

I will advise you what to expect and how to prepare for your interview with Cafcass.  The Cafcass officer will want to see evidence of your parenting skills.

3. Parental Responsibility (P.R.)

I have successfully assisted clients in applications for P.R where they are the natural father but not named on the birth certificate. I can help you complete any necessary court application at very reasonable rates and even help you with representation at the hearing.

4. Child Arrangements orders (CAO)

I help you prepare and follow the Child Arrangements Programme (CAP) which came into force in 2014. In the 1st Hearing Dispute Resolution Appointment (FHDRA) the court has to consider five issues before it moves to consider the substance of the dispute. I will help you prepare answers, decide whether you should prepare a position statement and advise on what guidelines to follow.

I will assist you every step of the way including help on fact-finding, final hearings expert evidence and any appeal.

5. Prohibited steps order (PSO)

These are orders that prohibited a parent from doing something they would otherwise be entitled to do. For example, one parent taking a child abroad, applying for a passport or attending the child’s school for an event.

6. Specific issue orders (SIOs)

These are orders that resolve an issue between parents in respect of an issue concerning their child. Such orders can deal with medical matters, schooling, passports and so on.

7. Residency/Relocation

I am an expert in dealing with these applications, which are often difficult and complex.

“Residency” is the new term for what used to be called “custody battles”.

Many separating parents now manage to resolve matters for the benefit of all involved by agreeing joint residency orders.

However, should you wish to relocate to another country with your child or children, you may face opposition from the other natural parent.

In these cases, I can help you prepare your case whether you are applying for or defending such an application. There are multiple factors to consider and given the importance of any final decision, it is wise to get our professional help. Often decisions are borderline, and professional advice can nudge your case over the edge.

4 top tips for separating parents in private proceedings

For parents involved in private law court proceedings (where arrangements are agreed for children after parents have divorced or separated),here are 4 top tips  for separating parents in private proceedings to help them think about how they can minimise the damaging impact of separation and court proceedings on their children. These tips include:

  1. Court proceedings should be the last resort;
  2. Court can be expensive and you may not get the desired outcome. Think of other ways to resolve the issues such as family mediation before going to court;
  3. When the important adults have good communication with each other, the child can see that they have their best interests at heart;
  4. If your child is struggling emotionally, speak to professionals and seek support from their school or GP.

Why work with me?

My clients typically live in South West London and need a local lawyer located in and around, Barnes, Mortlake, Kew, Roehampton, Sheen, Putney, Wimbledon, Ham, Twickenham, Richmond upon Thames, Kingston, Hammersmith, Fulham or the north Surrey border.

I’m one of London’s top Divorce Lawyers. You can read what some of my clients have to say about me HERE.

Call me now!

020 3935 9490

If you would like my expert support with any legal issue, please call me today on 0203 935 9490 for a no obligation chat, and let’s make sure we keep your children and family safe.