Child Matters in the UK Family Law
At Axis Solicitors, we understand that children are the most essential part of any family. That is why we offer a range of services for any legal issues related to child matters, whether you are going through a divorce, separation, or any other family dispute.
Our team of experienced and compassionate solicitors can advise you on the best course of action for your situation and represent you in court if necessary.
Can Child Matters Be Handled Outside the Court?
Court proceedings can be stressful and costly, particularly regarding children’s arrangements. We offer services to help you reach agreements with your ex-partner without going to court.
If possible, this can benefit you and your children in several ways:
- Saving you time and money by avoiding lengthy court proceedings.
- Reducing the conflict between you and the other party.
- Allowing more control and flexibility over the outcome.
- Preserving more of a positive relationship with your ex-partner for the sake of your children.
- Creating a more stable environment for your children.
How Expert Solicitors Can Assist You in Child Matters?
Children are at the heart of family law matters. Therefore, we are dedicated to providing comprehensive and compassionate legal services to help you when your case concerns any aspect of family law to ensure your child’s best interests are always at the forefront.
At Axis Solicitors, children are at the centre of everything we do. Our experienced family law team provides compassionate, comprehensive support to ensure your child’s best interests are prioritised.
We can assist with all aspects of children’s arrangements, offering clear advice, guidance on your options, and ongoing support throughout your case. We keep you informed at every stage and respond promptly to your questions.
Child Arrangement Orders in Disputes
Divorce and separation can be emotionally challenging, particularly when children are involved. Our family law team at Axis Solicitors understands the importance of reaching amicable childcare and contact agreements. When negotiations or mediation fail, a Child Arrangements Order may be necessary.
Child Arrangements Orders prioritise the child’s welfare and provide a structured solution for childcare disputes between separated parents.
A Child Arrangements Order specifies:
- The child’s primary residence.
- The schedule for contact with both parents.
- The timing and nature of other types of contact until the child reaches the age of 16, or exceptionally, 18.
Our experienced and compassionate solicitors can assist you in various ways, depending on your situation and needs.
- Some of the services we provide are:
- Negotiation: Our solicitors can negotiate on your behalf, communicating with the other party to address concerns and reach an agreement in your children’s best interests.
- Written Agreement: We can draft a clear written agreement covering living arrangements, contact, and decisions about your children’s education, health, and welfare.
- Legally Binding: Axis Solicitors can help turn the agreement into a legally binding consent order, providing clarity, security, and enforceability if the agreement is breached.
If you are looking for a reliable and reputable family law firm to help you reach an agreement outside the court, Axis Solicitors is one of the most dependable law firms. Contact us today to book a free initial assessment. We will be happy to discuss your situation, and you will be glad to learn about our fixed and affordable fees.
Liaise with Children’s Services and CAFCASS
During divorce, separation, or other family law matters, several agencies may become involved to safeguard children’s welfare, including children’s services, the police, and CAFCASS. Their involvement usually arises where there are concerns about abuse, neglect, or domestic violence, and they may carry out assessments, investigations, or prepare reports for the court.
We understand that dealing with these agencies can be stressful and overwhelming, particularly if you feel your parental rights are being questioned or you disagree with their findings. We provide clear legal advice and representation to support you in liaising with these agencies and, where appropriate, challenging their recommendations in court.
Children’s Services
Children’s services, previously known as social services, are part of the local authority responsible for supporting children and families in need. They may get involved in your case due to referrals from concerned parties like teachers, doctors, or neighbours. Additionally, court orders can trigger their involvement.
We offer:
- Parental Guidance: Understand your rights, responsibilities, and what to expect from Children’s Services.
- Legal Clarity: Clear advice on processes, potential outcomes, and their impact on you and your child.
- Professional Support: Help communicating and collaborating with Children’s Services, resolving disputes or complaints.
- Meeting Preparation: Guidance on attending meetings, conferences, or visits with these agencies.
- Court Representation: Legal advocacy if care or supervision orders are pursued, protecting your and your child’s interests.
If you face challenges related to the Children’s Services (previously Social Services), you can contact us for a free initial consultation. Axis Solicitors stands by you and your child, ensuring their best interests are protected every step of the way.
How we can help you liaise with CAFCASS
If you are separating or divorcing and have children, you may need to work with CAFCASS. CAFCASS is an independent body that advises family courts on children’s welfare and what arrangements are in their best interests.
CAFCASS may be involved in your case if:
- Disagreements with your ex-partner over living arrangements, contact, or other aspects of your children’s upbringing.
- Concerns about your children’s safety or welfare, including allegations of abuse or neglect.
- Situations where your children wish to express their views to the court.
- Cases involving international elements, such as relocation abroad or cross-border child abduction.
For many parents or guardians, the mention of CAFCASS often comes as a surprise when court proceedings are initiated.
After a court application is submitted, CAFCASS receives a copy and conducts initial safeguarding checks with the police and social services. They may also speak to the parties to understand their views.
If no major concerns are found, CAFCASS’s involvement may be limited. However, issues like neglect, criminal activity, substance misuse, domestic abuse, or disrupted parental contact often require further CAFCASS involvement.
CAFCASS’s Involvement and the Section 7 Report
A Safeguarding Letter is an initial CAFCASS assessment with early recommendations, which may include further checks, parenting courses, or a Section 7 Report.
If concerns arise, a Section 7 Report provides a detailed assessment of family circumstances and child welfare, often including parenting arrangements and support recommendations. Full cooperation is essential, and the report may take 12 weeks or more, including interviews with children where appropriat
We can help you by:
- Explaining the role and process of CAFCASS and what to expect.
- Prepare you for the initial CAFCASS call, where a CAFCASS officer will ask you some questions about your situation.
- Supporting you throughout the CAFCASS assessment, a CAFCASS officer will gather information from various sources, such as you, your ex-partner, children and their schools, children’s services or the police.
- Reviewing the Section 7 Report, where a CAFCASS officer will give their recommendations to the court.
- Challenging the CAFCASS report if you disagree with any of the findings.
- Representing you in court if your case goes to a hearing and advocating for your interests.
Our team of experienced and compassionate family solicitors can guide you through every step of your case. Contact us today for a free initial assessment.
Child Custody and Child Protection
Nothing is more important than the safety and well-being of your children. If you are concerned that your children are at risk of harm or abuse from the other parent or someone else, you need to act quickly and decisively to protect them.
Obtaining Sole Custody of Child
Securing sole custody of a child, where one parent is granted both physical and legal custody, can be complex. To obtain sole custody, you must demonstrate to the courts that joint custody is not in the child’s best interests.
Shared Parenting
Shared parenting, or joint custody, lets both parents share responsibility, often with the child living between two homes, providing stability and continued parental involvement.
Challenges can arise from lifestyle changes, work, substance issues, or relocation. Our child custody specialists offer confidential advice if you have concerns.
Many cases are resolved through negotiation or mediation, but where court involvement is needed, decisions focus on the child’s best interests, with evidence required to demonstrate a parent’s suitability.
Securing a Child Custody Court Order
At Axis Solicitors Limited, we can assist you in obtaining a legally binding child arrangement order to ensure the stability and security of your child’s arrangements.
Custody Without Court Involvement
Not all child custody disputes require court intervention. We recommend parents attempt negotiation or mediation before pursuing legal action.
Child Custody Through Family Court
Obtaining child custody through the family court is necessary when agreements cannot be reached, though it can be time-consuming. The process involves submitting Form C100, paying the fee, and attending hearings.
The court may request a CAFCASS report, and disputes can be resolved through mediation or hearings. Ultimately, the court issues a binding custody order.
For guidance at any stage of your child custody case, contact Axis Solicitors for a free initial consultation.
Custody Matters for Fathers
Obtaining custody of your child as a father is entirely possible, provided it can be demonstrated that your child’s best interests are served by being in your care. Fathers may successfully secure child custody if they can provide compelling reasons. Even if a child previously resided with the mother, the courts will assess whether the father can provide better care.
Custody for Step-Parents
Step-parents who have married the child’s biological parent do not automatically possess legal custody rights over the children. However, if an agreement cannot be reached with the birth parent, step-parents can apply for custody through the court. Like grandparents, step-parents are not responsible for a stepchild, so court permission is required before applying for child custody.
To be eligible for custody as a step-parent:
- The step-parent must have been married to the biological parent of the child.
- The step-parent must have lived with the stepchild for at least three years.
- The step-parent must have obtained parental responsibility for the child through a court order.
- Alternatively, the step-parent must have received court permission to apply for contact or residence.
If any of these criteria apply to your situation, our child law specialists can assist you in applying.
Child Protection
Our child custody specialists are dedicated to achieving the best possible outcome for your child. If you need to prevent the other parent from taking or harming your children or to resolve a specific issue related to their care, you can apply for an emergency order from the court.
We can assist you in obtaining child law orders, for instance:
- Child Arrangements Order (CAO): Determines where children live, contact with the other parent, and other upbringing matters. Can be agreed between parents or decided by the court. We can help negotiate or represent you in court.
- Prohibited Steps Order (PSO): Prevents the other parent from taking specific actions, such as relocating the children, changing schools, or exposing them to danger.
- Specific Issue Order (SIO): Lets the court decide on a particular dispute, such as residence, medical treatment, or religious upbringing.
How to Get the Sole Custody of a Child in the UK?
Securing early legal advice is crucial to building a solid case for sole custody. Factors that may support your application for sole custody include:
- The other parent’s inability to provide adequate care and supervision.
- Neglect, abandonment, or abuse by the other parent.
- Your better-suited working arrangements for the child’s care.
- Your role as the primary caregiver in the past and a strong bond with the child.
- Issues such as drug or alcohol abuse, domestic violence, or mental health concerns affect the other parent’s ability to care for the child.
If any of these scenarios apply to your situation or if you’re unsure about your grounds for seeking sole custody, please do not hesitate to contact our family law solicitors.
Applying for a Child Arrangements Order
Who Can Apply
- Any parent or legal guardian may apply directly to the court.
- Certain non-parents (e.g. step-parents, former carers) also have eligibility.
- Others may apply subject to the court assessing their relationship with the child.
Eligibility of Non-Parents
- Individuals who lived with the child for 3 of the last 5 years may apply.
- Step-parents can apply if the child was part of the family during the marriage.
- Applications may proceed with local authority consent if the child is in care.
Court Considerations
- The court evaluates the applicant’s relationship with the child.
- The benefits of making the order are carefully weighed.
- Any potential risks to the child’s welfare are prioritised.
Parental Responsibility & Child’s Views
- Non-parent applicants share parental responsibility equally with parents.
- The legal relationship between birth parents and the child remains unchanged.
- Children of sufficient age and understanding may instruct their own solicitor.
How Axis Solicitors Can Help
- Expert guidance to help reach agreements on child care arrangements.
- Full support throughout the Child Arrangements Order application process.
- Award-winning family law specialists with strong client reviews.
At Which Levels Can Children’s Services Be Involved?
Universal Services
- Available to all families as standard support.
- Includes health visitors, GPs, and school nurses.
- Focuses on children’s general health and development
Early Help
- Provides extra support when concerns first arise.
- May include counselling, speech therapy, or specialist services.
- Support is offered following an assessment of your child’s needs.
Child in Need
- Applies where a child has complex or additional needs.
- Aims to keep the child at home with enhanced support.
- A child-in-need plan monitors progress and well-being.
Child Protection
- Triggered where there is risk of significant harm.
- Multi-agency conferences assess safety and welfare concerns.
- Child protection plans are reviewed regularly to manage risk.
Pre-Proceedings & Care Proceedings
- Pre-proceedings set out required changes before court action.
- Care or supervision orders are sought through the court.
- Orders are made where a child is found to be at risk of harm.
