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Whenever possible, it is advisable for parents to try and agree on the arrangements for their children between themselves. In English law, when it comes to matters relating to children, the welfare of the child is always considered to be paramount. If the parents are unable to reach an agreement, it may be necessary to go to court in order for a judge to decide what is in the best interests of their children.
Deciding on arrangements for your children is often the most difficult and distressing aspect of dealing with the breakdown of a relationship. Our specialist team of dedicated child and family law solicitors understand the complexity that can arise when children are involved and the emotional distress that this can cause for everyone.
There is a common perception that in child matters, the court has a tendency to favour the mother. In deciding the case, the court will look at the nature of the relationship that the child has with both parents, and the mother’s case may be strengthened here if she is the main carer.
When you and your co-parent are not married, it is important to establish who holds parental responsibility. If this applies to both parents, then you each hold equal parenting rights; therefore, if the court is making a decision on the custody of your children, the fact that you are not married will not matter.
If you do not hold parental responsibility, this means that there is no automatic legal right to custody or even contact with your child. If you are concerned that you do not hold parental responsibility, your specialist family law solicitor can advise you on applying for parental responsibility so that you can play a part in the decisions that are being made about your child’s future.
Joint custody means that the children divide their time between both parents. This arrangement works well for couples who have experienced a fairly amicable separation and are able to maintain a working relationship in the interests of their children.
It is usually the case that everyone who holds parental responsibility will need to give consent before a child can be taken abroad. Where parents have maintained an amicable separation, this may not be a problem since they may make reciprocal allowances in order to take the children on foreign holidays.
It is only necessary to apply for a court order if you and your former partner are unable to reach an agreement between yourselves. The most common court orders relating to children are:
This outlines all decisions of the court regarding where your child will live, the arrangements for spending time with each parent, and the form that contact will take.
This refers to specific aspects of the upbringing of a child and will reflect the decision of the court relating to matters such as education, medical care, including vaccinations and religious participation.
This is used to prevent one of the parents from making important decisions without consulting with the other.
If you and your co-parent share parental responsibility for your children, they cannot be taken abroad without your consent. If your former partner has taken your children overseas without your permission, this is classified as child abduction.
The first step is to inform the police, who may put in place a Port Alert to prevent your ex-partner from leaving the country with your children. If it is too late to prevent them from leaving, our expert child and family lawyers here at Ackroyd Legal will work with you to protect your children and take action to bring them safely home.
Our solicitors have a broad understanding of the court system and can assist you with your case. We are here to guide you through the legal process, ensuring that your rights and interests are protected at every step. With our expertise and legal knowledge, we provide advice to achieve the best possible outcome for you and your unique situation. Contact us to speak with one of our legal professionals.
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Ackroyd Legal is a trading style/name of Ackroyd Legal (London) LLP , which is authorised and regulated by the Solicitors Regulation Authority, SRA No. 554585 and is a LLP registered in England & Wales, Company No. OC360125; VAT no. 445717436;
David Ebert LLP is a separate entity from Ackroyd Legal (London), LLP and are authorised and regulated by the Solicitors Regulation Authority, SRA no. 558176.
