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Child Law

Our expert Child Law Solicitors in Cheshire are on your side and by your side to ensure that you receive straightforward and effective legal advice, suited to the needs of you and your children.

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Child Arrangement Orders & Child Law

Disputes involving children can be extremely sensitive and here at Rowlinsons we understand this. We also appreciate the emotional impact on the children and hence their welfare is always at the forefront of our minds.

At Rowlinsons we have vast experience in dealing with such matters and wherever possible will encourage you to resolve disagreements regarding the arrangements for your children with your partner.

In certain instances we may advise you to consider whether mediation would be helpful. Our team are members of Resolution, a national organisation of family professionals that promotes a non-confrontational approach. Their video below highlights some tips that separating parents can use to ensure the best interests of their children are put first.

Within our Family Department we also have a Resolution qualified specialist, as well as a Resolution trained and accredited mediator who can provide you with expert guidance. Occasionally, it is not possible to reach agreement and in this scenario we can provide you with specialist family law advice and guide you through the court process.

What our Child Law Solicitors Do

Rowlinsons Solicitors are able to provide you with specialist legal advice on all areas of child law:-

Child Arrangements Orders

We can help you with decisions about where the child/ren should live and the time they spend with each parent. We can assist in trying to negotiate arrangements amicably between parents, whether through mediation, Collaborative Law or Solicitor negotiation. In situations where it is not possible to resolve matters amicably, we can also assist in applications to Court for Child Arrangements Orders. We can assist in every step of the Court process, from drafting and responding to applications, preparing statements and other evidence, and communicating between the parents and their legal representatives.

We can also help with any Court hearings you might be involved with, whether dispute resolution (FHDRA and DRA) appointments, directions hearings, fact finding hearings and final hearings, our dedicated team of specialist solicitors can advise you every step of the way.

We can also assist with other applications relating to arrangements for children such as prohibited steps applications, or specific issue orders. A prohibited steps application is made where action is needed to prevent something from happening which could cause harm to a child, for example where a child is at risk from being taken out of the country or abducted, or subjected to some form of treatment that may cause them harm. A specific Issue orders deal with a particular issue relating to a child/ren, such as decisions about a child’s education, or health, decisions about the religion or even their name.

Parental responsibility

The law regarding parental responsibility can be confusing, and we can help you to understand what it means for you and your family. We can also advise parental responsibility issues, including parental responsibility orders and agreements.

Legal advice for step families

Our expert team of Family Lawyers are on hand to help you navigate the tricky area of law around step families. Whether that is step-parental responsibility or adoption, we are on hand to help you every step of the way.

Legal advice for grandparents

As a grandparent, you don’t automatically have legal rights regarding your grandchildren, however in some situations where a dispute arises you may need further legal advice and assistance. The situation for grandparents, and other family members such as aunts and uncles, can be particularly complex and it is important to take specialist independent legal advice.

Applications for Financial Provision for Children

We can help you with issues regarding child maintenance, providing guidance and assistance to help you resolve any child maintenance dispute. We can also provide specific legal advice about other financial provision for children, such as Applications under Schedule 1 of the Children Act 1989. This is a complex issue that requires specialist legal advice and we have experts on hand to help you.

Resolution - We Need To Talk from Resolution on Vimeo.

Child Law FAQs

What is Child Custody?

Clients going through a separation often ask us about custody of their children. It is not uncommon to hear parents say they want custody of their children, or to ask for advice about custody when seeking legal advice.

In the UK, we no longer use the terms child custody, or access. The terms custody and access for children are very outdated and haven’t been used since the 1980’s.

In 1989, the Children Act replaced the terms custody and access for residence, contact and parental responsibility. These terms describe where children would live and who they would spend time with after their parents had separated. 

In 2014, the terms residence and contact were further replaced with child arrangements. We now refer only to child arrangements to describe the arrangements for children after the breakdown of a relationship. Child arrangements can be used to describe where the children will live and how much time they should spend with each parent. They can be voluntary arrangements, where the parents agree between themselves what the arrangements for their children should be. Or they can be formal Child Arrangements Orders, agreed or decided by the Family Court.

If you would like further advice or assistance regarding arrangements for your children following the breakdown of a relationship, please telephone Rowlinsons Solicitors and ask to speak with the family department.

What is Shared Care?

We are often asked by separating parents about “shared care” when talking about arrangements for the care of children following the breakdown of a relationship. It is often a misunderstood term, and can cause confusion and arguments if not properly understood.

Sharing the care of your children following the breakdown of a relationship often means different things to different people. For some, it means that the time the children spend with each parent is split exactly equally “50:50 shared care”. In this situation, the children live half the time with one parent, and half the time with the other. 

There is no actual legal definition of “shared care” in England and Wales. Where two parents have separated, and they are unable to agree on the arrangements for the care of their children, an application for a Child Arrangements order can be made. The Court will consider what is in the children’s best interests, and it is assumed to be best for children to have a relationship with both parents provided that it is safe and appropriate and there are no risks of harm to the child. There is no assumption currently that children should spend equal time with both parents on separation, although it is sometimes the case that one parent may ask the Court to make a shared care arrangement. It is important that parents are clear on what it is they are asking the Court to consider, and using phrases like shared care, or custody aren’t always overly helpful.

If you would like further advice or assistance regarding arrangements for your children following the breakdown of a relationship, please telephone Rowlinsons Solicitors and ask to speak with the family department.

Can I change my childs name / surname?

It is possible for a parent of a child who is under 16 years of age to change a child’s name, including their surname, provided that everyone with parental responsibility signs to provide their consent. A change of name deed, or Deed Poll, can be prepared, and everyone with parental responsibility would need to sign to confirm their consent. If a person with parental responsibility does not provide their consent, an application to Court for a specific issue order may be needed.

To speak to someone about changing the name of a child under 16, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

Do I have any rights to see my Grandchildren?

Grandparents don’t have legal rights to see their grandchildren. If there has been a family breakdown, and the grandparents are finding it difficult to see their grandchildren, the first step would be to see whether arrangements can be agreed as a family. Sometimes mediation can be helpful to achieve this.

If an agreement cannot be reached, it might be possible to consider making an application to Court for a child arrangements order. The process for grandparents usually differs from the process parents take, as grandparents have the added step first of requiring leave of the court to apply. If leave, or permission, is granted, the grandparents can then go on to pursue their application for a child arrangements order.

If you want to talk about a Child Arrangements Order, or to consider whether you wish to apply for one, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is a Child Arrangements Order?

A Child Arrangements Order is a type of Order made by a Court relating to a child. The Order can specify where and with whom a child lives, when they should spend time with each parent, and how the arrangements should work.

It is sometimes possible for other people to apply for Child Arrangements Orders for a child, but anyone other than the child’s parents may need permission from the Court first before they are allowed to make an application.

If you want to talk about a Child Arrangements Order, or to consider whether you wish to apply for one, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is a Specific Issue Order?

A Specific Issue Order is a type of Order made relating to a child and how the child is being brought up. For example, the Order could relate to what school they go to, decisions about their religion, or what name the child should have.

It is also possible to apply for an Order to prevent certain things from happening, such as to prevent a child being removed from a school, or having their name changed. This is called a Prohibited Steps Order. 

If you want to talk about issues relating to a child, or to consider whether you wish to apply for an Order, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is Parental Responsibility?

Parental Responsibility is defined by Section 3(1) of the Children Act 1989 as “all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property"

Parental Responsibility is the parent’s responsibilities towards their child, such as the responsibility to provide a home, and maintain and protect a child. All those who have Parental Responsibility for a child are able to have a say about certain decisions relating to a child, such as consenting to certain medical treatments, determining the child’s education, choosing, registering or changing a child’s name, determining their religion etc. Parental responsibility does not give a parent automatic rights to have contact with a child, or to know where a child is living.

If you want to know more about Parental Responsibility for a child, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

I’m not named on my child’s birth certificate, what rights do I have?

A birth mother automatically has parental responsibility for their baby. If a biological father is married to the mother at the time of the birth, then he also automatically acquires parental responsibility. If a biological father is unmarried, he will only acquire parental responsibility if he is also named on the child’s birth certificate.

There are lots of reasons why sometimes a father isn’t named on a birth certificate. It does not mean you are not the father of the child, just that you don’t automatically acquire parental responsibility. There are ways you can later acquire parental responsibility, such as: -

1. Through a parental responsibility agreement signed by both parents;

2. Asking the Court to make a parental responsibility Order.

It is also important to remember that being the mother or father of a child doesn’t give you particular “rights”. As a parent, you have certain responsibilities to your child, such as to provide for them financially, emotionally and physically. But you do not have any particular right to see your child or spend time with them. It is the child’s right to have a relationship with their parents, provided it is safe to do so, and that is a right protected by law. If two parents separate, neither of them has any greater rights or ability to make decisions than the other. Wherever possible, parents should try and agree arrangements for the best interests of their children and should always be encouraged and supported to communicate, co-operate and co-parent.

For more information about arrangements for children, parental responsibility, or co-parenting with your separated partner, please contact Rowlinsons Solicitors and ask to speak to the Family Department.

What is Child Custody?

Clients going through a separation often ask us about custody of their children. It is not uncommon to hear parents say they want custody of their children, or to ask for advice about custody when seeking legal advice.

In the UK, we no longer use the terms child custody, or access. The terms custody and access for children are very outdated and haven’t been used since the 1980’s.

In 1989, the Children Act replaced the terms custody and access for residence, contact and parental responsibility. These terms describe where children would live and who they would spend time with after their parents had separated. 

In 2014, the terms residence and contact were further replaced with child arrangements. We now refer only to child arrangements to describe the arrangements for children after the breakdown of a relationship. Child arrangements can be used to describe where the children will live and how much time they should spend with each parent. They can be voluntary arrangements, where the parents agree between themselves what the arrangements for their children should be. Or they can be formal Child Arrangements Orders, agreed or decided by the Family Court.

If you would like further advice or assistance regarding arrangements for your children following the breakdown of a relationship, please telephone Rowlinsons Solicitors and ask to speak with the family department.

What is Shared Care?

We are often asked by separating parents about “shared care” when talking about arrangements for the care of children following the breakdown of a relationship. It is often a misunderstood term, and can cause confusion and arguments if not properly understood.

Sharing the care of your children following the breakdown of a relationship often means different things to different people. For some, it means that the time the children spend with each parent is split exactly equally “50:50 shared care”. In this situation, the children live half the time with one parent, and half the time with the other. 

There is no actual legal definition of “shared care” in England and Wales. Where two parents have separated, and they are unable to agree on the arrangements for the care of their children, an application for a Child Arrangements order can be made. The Court will consider what is in the children’s best interests, and it is assumed to be best for children to have a relationship with both parents provided that it is safe and appropriate and there are no risks of harm to the child. There is no assumption currently that children should spend equal time with both parents on separation, although it is sometimes the case that one parent may ask the Court to make a shared care arrangement. It is important that parents are clear on what it is they are asking the Court to consider, and using phrases like shared care, or custody aren’t always overly helpful.

If you would like further advice or assistance regarding arrangements for your children following the breakdown of a relationship, please telephone Rowlinsons Solicitors and ask to speak with the family department.

Can I change my childs name / surname?

It is possible for a parent of a child who is under 16 years of age to change a child’s name, including their surname, provided that everyone with parental responsibility signs to provide their consent. A change of name deed, or Deed Poll, can be prepared, and everyone with parental responsibility would need to sign to confirm their consent. If a person with parental responsibility does not provide their consent, an application to Court for a specific issue order may be needed.

To speak to someone about changing the name of a child under 16, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

Do I have any rights to see my Grandchildren?

Grandparents don’t have legal rights to see their grandchildren. If there has been a family breakdown, and the grandparents are finding it difficult to see their grandchildren, the first step would be to see whether arrangements can be agreed as a family. Sometimes mediation can be helpful to achieve this.

If an agreement cannot be reached, it might be possible to consider making an application to Court for a child arrangements order. The process for grandparents usually differs from the process parents take, as grandparents have the added step first of requiring leave of the court to apply. If leave, or permission, is granted, the grandparents can then go on to pursue their application for a child arrangements order.

If you want to talk about a Child Arrangements Order, or to consider whether you wish to apply for one, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is a Child Arrangements Order?

A Child Arrangements Order is a type of Order made by a Court relating to a child. The Order can specify where and with whom a child lives, when they should spend time with each parent, and how the arrangements should work.

It is sometimes possible for other people to apply for Child Arrangements Orders for a child, but anyone other than the child’s parents may need permission from the Court first before they are allowed to make an application.

If you want to talk about a Child Arrangements Order, or to consider whether you wish to apply for one, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is a Specific Issue Order?

A Specific Issue Order is a type of Order made relating to a child and how the child is being brought up. For example, the Order could relate to what school they go to, decisions about their religion, or what name the child should have.

It is also possible to apply for an Order to prevent certain things from happening, such as to prevent a child being removed from a school, or having their name changed. This is called a Prohibited Steps Order. 

If you want to talk about issues relating to a child, or to consider whether you wish to apply for an Order, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

What is Parental Responsibility?

Parental Responsibility is defined by Section 3(1) of the Children Act 1989 as “all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property"

Parental Responsibility is the parent’s responsibilities towards their child, such as the responsibility to provide a home, and maintain and protect a child. All those who have Parental Responsibility for a child are able to have a say about certain decisions relating to a child, such as consenting to certain medical treatments, determining the child’s education, choosing, registering or changing a child’s name, determining their religion etc. Parental responsibility does not give a parent automatic rights to have contact with a child, or to know where a child is living.

If you want to know more about Parental Responsibility for a child, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak with the family department.

I’m not named on my child’s birth certificate, what rights do I have?

A birth mother automatically has parental responsibility for their baby. If a biological father is married to the mother at the time of the birth, then he also automatically acquires parental responsibility. If a biological father is unmarried, he will only acquire parental responsibility if he is also named on the child’s birth certificate.

There are lots of reasons why sometimes a father isn’t named on a birth certificate. It does not mean you are not the father of the child, just that you don’t automatically acquire parental responsibility. There are ways you can later acquire parental responsibility, such as: -

1. Through a parental responsibility agreement signed by both parents;

2. Asking the Court to make a parental responsibility Order.

It is also important to remember that being the mother or father of a child doesn’t give you particular “rights”. As a parent, you have certain responsibilities to your child, such as to provide for them financially, emotionally and physically. But you do not have any particular right to see your child or spend time with them. It is the child’s right to have a relationship with their parents, provided it is safe to do so, and that is a right protected by law. If two parents separate, neither of them has any greater rights or ability to make decisions than the other. Wherever possible, parents should try and agree arrangements for the best interests of their children and should always be encouraged and supported to communicate, co-operate and co-parent.

For more information about arrangements for children, parental responsibility, or co-parenting with your separated partner, please contact Rowlinsons Solicitors and ask to speak to the Family Department.

Why Choose Rowlinsons Child Law Solicitors

It is important to get expert legal advice to understand exactly what your options are, and we are here to help. Please call our dedicated team of child law experts to chat about how we can help you and what the options are.

Our team of Family Law Solicitors in Cheshire have years of experience dealing with all issues regarding Child Law. We are proud of our expertise, and our accreditation with Law Society's Family Law panel. We will always aim for an amicable resolution to your child law disputes and issues, but we are available to support you in Court and through litigations when necessary.

By instructing Rowlinsons' Child Law Solicitors, you can be sure you are working with experts that will achieve the best possible outcome for you and your family. Our level of client care is unparalleled, and we will approach all cases with a friendly, compassionate, and proactive manner.

With offices in Frodsham and Sutton Weaver,  Rowlinsons Solicitors are able to support client across areas such as St Helens, Widnes, Warrington, Chester, and Northwich. We also have meeting facilities in North Wales, the Wirral, Liverpool, Manchester and across Cheshire, so we are always available to help in a convenient manner and location.

Contact us on 01928 617 056 for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.

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