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Children Law
Child Arrangements Orders
A Child arrangements Order is a legal order made by the family court in England and Wales. The child’s mother, father, or anyone with parental responsibility can apply for a court order. Additionally, other individuals (such as grandparents) can apply, but they need to seek permission from the courts first. A child arrangement order specifies several important aspects related to children when parents’ divorce or separate:
Where the child lives: The child arrangements order determines the child’s primary residence. It outlines which parent the child will live with and where they will reside.
Time spent with each parent: The order also defines when and how much time the child spends with each parent. This includes visitation schedules and arrangements.
Other types of contact: The CAO covers additional forms of contact, such as phone calls or video chats between the child and the non-residential parent.
If parents cannot agree on these matters, they may need to apply for a court order. Remember that a child arrangements order is legally binding and helps ensure clarity and stability for the child’s upbringing during challenging family circumstances. Before applying for a Child Arrangements Order, you must attend a mediation and assessment meeting (MIAM) unless an exemption applies.
Specific Issue Orders
These address specific issues related to a child’s upbringing, such as schooling, medical treatment, religious upbringing, or other significant decisions. The child’s mother, father, or anyone with parental responsibility can apply for a court order. Additionally, other individuals (such as grandparents) can apply, but they need to seek permission from the courts first.
Prohibitive Steps Orders
A Prohibited Steps Order is a court order that prevents a parent with parental responsibility (PR) from taking specific actions related to their child without the court’s permission. Here are the key points about Prohibited Steps Orders:
A Prohibitive Steps Order tells a parent what they cannot do concerning their child or children. It aims to protect the child’s welfare and maintain stability in certain situations. Examples of Use:
Prohibitive Steps Orders are often used to stop a child from being removed from a particular parent’s care.
They prevent a child from being taken out of the jurisdiction (England and Wales).
Prohibitive Steps Orders can stop a child from being removed from their school.
They ensure a child’s name is not changed without court permission.
Prohibitive Steps Orders can be emergency orders, made without notice (ex-parte) when there’s an urgent need due to significant changes in the child’s circumstances or welfare.
Before applying for a Prohibitive Steps Order you must attend a mediation and assessment meeting (MIAM) unless an exemption applies.
Special Guardianship Orders
A Special Guardianship Order is a legal arrangement in which a court appoints one or more individuals as a child’s ‘special guardian’. This order is used when a child cannot live with their birth parents and adoption is not considered the best option. As a special guardian, you will have parental responsibility for the child until they turn 18, allowing you to make most decisions about their care and upbringing, such as education and medical treatment.
Special guardians are responsible for the child’s day-to-day needs and do not need to consult the birth parents for routine decisions. However, for significant matters like changing the child’s surname, putting the child up for adoption, taking the child abroad for more than three months, or consenting to certain medical procedures, the special guardian must seek the consent of anyone with parental responsibility. If consent cannot be obtained, the court can be asked to make a decision.
The Special Guardianship Order is intended to provide a legally secure placement for the child while maintaining a connection with their birth family, unlike adoption which severs this legal relationship.
Stepparent Adoption
Stepparent Adoption is a legal process that allows a step-parent to adopt their spouse’s or partner’s child. Here are the key points about stepparent adoption:
To adopt your spouse’s or partner’s child, you need to inform your local council at least 3 months before applying to a court for an adoption order.
The child must have lived with both of you for at least 6 months.
The adoption assessment process is similar to an assessment through an adoption agency. The court will consider reports on your partner, the child, and the other birth parent prepared by a social worker.
If granted, the adoption court order gives you parental responsibility for the child, along with your spouse or partner. It also takes away parental responsibility from the child’s other birth parent and anyone else who had it previously.
The adoption order makes the adoption permanent and legally binding.
The child becomes a full member of your family unit, with the stepparent sharing parental responsibility. The child has the same rights as if they were your own birth child, including inheritance rights.
Divorce/Dissolution
Overview
The Divorce, Dissolution and Separation Act 2020 came into force in the UK on April 6, 2022.
No-fault divorce removes the concept of fault from the process.
Couples can now simply state that their marriage has irretrievably broken down without the need to prove blame.
Couples can apply jointly for a divorce if the decision to separate is mutual.
The new terminology replaces terms like ‘Decree Nisi’ with ‘Conditional Order’ and ‘Decree Absolute’ with ‘Final Order’.
There must be a minimum six-month period between lodging the application and the divorce becoming final.
No-fault divorce aims to encourage a more constructive approach to separation.
It allows couples to focus on important issues like children and finances rather than assigning blame.
Civil Partnerships
A civil partnership divorce is a legal process that allows two people in a civil partnership to formally end their relationship.
When a civil partnership breaks down, the process of ending it is called dissolution. Unlike married couples who can get a divorce, civil partners apply for dissolution. Dissolution is the most common way to end a civil partnership. Similar to divorce, civil partners do not need to provide a specific reason for the dissolution. This concept is sometimes referred to as a “no-fault” dissolution. The dissolution can occur after the couple has been in the civil partnership for at least one year. Both partners can make a joint application or submit separate sole applications for dissolution.
Financial Orders
Financial Remedy Orders
A financial remedy order (also known as an ancillary relief order) is a legal document that sets out the terms of a financial settlement between two people when they divorce or dissolve a civil partnership in the UK.
Here are the key points about financial remedy orders:
The purpose of a financial remedy order is to resolve financial issues arising from the breakdown of a marriage or civil partnership.
A financial remedy order describes how assets will be divided up, including, pensions, property, savings and other investments.
It can also include arrangements for maintenance payments, including child maintenance.
You can apply for a financial remedy order after the conditional order of your divorce has been made.
Clean Break Orders
A clean break order is a legal arrangement that provides financial independence for both parties after a divorce or dissolution of a civil partnership in the UK.
A clean break order separates the financial ties between spouses or civil partners. Once approved by the court, it means that neither party can make future financial claims against the other.
The order ensures that you and your ex-partner’s finances are fully separate forever. Neither of you can make financial claims against each other after the clean break order is in place. Without a clean break order, your former partner could potentially make claims against you in the future.
Separation
Separation Agreements
A Separation Agreement is a legal agreement made between individuals who are contemplating imminent separation, or have already separated. The agreement usually sets out the agreed financial arrangements during the period of separation usually on the basis of how a couple’s finances should be divided upon separation.
The benefit of a Separation Agreement (also known as a deed of separation) is that it records everything in writing. This can both minimise the risk of future conflict, and court proceedings.
While a court is not bound by a Separation Agreement, in practice its terms will usually be upheld if these have been carefully negotiated (usually with the benefit of independent legal advice) and concluded immediately before separation.
Cohabitation
Cohabitation Agreements
A Cohabitation Agreement is a crucial legal document designed for unmarried couples living together. It outlines arrangements for finances, property, and children while cohabiting, as well as provisions in case of a separation, illness, or death. It is advisable to create this agreement before moving in together.
Cohabitation Agreements are legally binding contracts, provided they are properly drafted, executed, and signed as a deed. Unlike married couples or those in Civil Partnerships, cohabiting couples do not automatically have rights, even after living together for an extended period or having children. Therefore, without a Cohabitation Agreement, a surviving partner will not automatically inherit assets, as survivorship rules do not apply to unmarried couples.
The importance of having a Cohabitation Agreement cannot be overstated. It provides clarity and a straightforward process for dividing financial assets, debts, and property in case the relationship ends or one partner passes away. The agreement specifically addresses ownership of property, contributions to mortgage or rent, handling household bills, bank accounts, life insurance, pensions, assets, debts, pets, and next of kin rights.
Additionally, considering factors like pension access, property title deeds, and wills can enhance the comprehensiveness of the agreement. By having a cohabitation agreement in place, both partners gain peace of mind, a clear understanding of their financial commitments, and a roadmap to avoid misunderstandings and disagreements during the course of their relationship. It also serves as valuable evidence in court should any disputes arise.
Cohabitation Disputes
A cohabitation dispute occurs when a couple who are not married and not in a civil partnership experience a falling out. These disputes can involve various aspects, including:
Disagreements related to child custody, visitation, and support.
Disputes over financial matters, such as property ownership, division of assets, and financial contributions.
Property disputes: Issues arising from co-ownership of property, disagreements about selling property, or determining beneficial interests even when one party is not a legal owner. Seeking legal advice and understanding cohabitation rights are crucial in such situations.
If you are considering cohabiting, having a Cohabitation Agreement can help set out ownership terms and prevent future disputes.
Remember that cohabitation disputes can be complex and very expensive, so seeking professional legal guidance is essential.
Domestic Violence
Non-molestation Orders
A Non-Molestation Order is a type of injunction that can be obtained through the family court in England and Wales. Here are the key points about Non-Molestation Orders:
The primary objective of obtaining a Non-Molestation Order is to prevent a partner, ex-partner, or another “associated person” from
Using physical violence or threatening violence against the applicant or their children, harassing, intimidating, or pestering the applicant and
communicating with the applicant in a harmful manner
A Non-Molestation Order can prohibit the abuser from coming within a certain distance of the applicant, their home address, or even their place of work. It aims to ensure the safety and well-being of the person applying for the order.
You may qualify for legal aid to make the application, in the event that you do not qualify for legal I can assist you in making the application and represent you.
If you feel unsafe and threatened at any time.
Occupation Orders
An occupation order is a court order used to regulate who can live in the family home. Here are the key points about occupation orders:
It enforces who has the right to live in the home. It specifies who is excluded from the home. It can regulate who can enter the property and its surrounding areas. It may clarify the right for one party to remain in the house and address issues related to paying the mortgage and bills. However, it does not change the financial ownership of the property. The applicant must have a legal or contractual benefit in the property or a right to occupy. The property must have been the home of both parties at some point. The parties must be “associated” (e.g., married, in a civil partnership, engaged, close family members, etc.).
The court considers the harm the applicant or child would suffer if the order is not made. If significant harm would occur, the order must be made unless the respondent would suffer greater harm.
Protection from Harassment Orders
you are experiencing unwanted communication, pestering, stalking, verbal abuse and threats, distressing comments, social media harassment, or actions that wilfully cause fear, you can apply to the court for a Protection from Harassment Order under the Protection from Harassment Act 1997. You must have experienced this behaviour on more than two occasion and it is important to keep a diary of the incidents gathering as much evidence as you can. If a Protection from Harassment Order is breached, then the offender can be brought back to court for contempt of court and could also face a prison sentence.