Child Law and Separation

Duncan Lewis Children Lawyers – Child Law and Separation

Separating from your partner if you are married, in a civil partnership or have been living together with formalising the relationship inevitably causes distress to you as parents because of the need to make important decisions about the care of your children.

When parents split up, it can be a confusing and emotionally traumatic time for children.

It is important that children are told as soon as possible who will be caring for them and where they will live, so that they can feel as secure as possible under the circumstances.

Duncan Lewis children lawyers always advise clients considering separating to seek legal advice before making the decision, so that arrangements can be put in place for your children at what is likely to be a very emotional time for the whole family.

Children, the law and parents who separate

Under the Children Act 1989, the Family Division of the courts of England and Wales will always place the welfare of the child before parental wishes – and the courts prefer that parents reach amicable agreement over the care of their children when they separate.

Agreeing care arrangements for children after separation can be done informally between parents – the courts generally feel that an informal and amicable arrangement over who is the resident parent has a better chance of working than a less flexible agreement over childcare.

Many couples come to some agreement between themselves, however – called a family-based arrangement – or reach agreement through the services of the Child Maintenance Service (CMS) or Child Support Agency (CSA).

Parents have a legal obligation to provide a home for their children, as well as financial support at least until the age of 16 – and possibly until they have completed secondary education or vocational training.

Parents can sign a Separation Agreement when they split up – and this is a flexible agreement covering any aspects of the separation which the parties wish to formalise, including the care of their children.

A Separation Agreement can be varied with the consent of both parties – but might include details of where the child will live, financial support, child contact for the non-residential parent and agreements over schooling, travel consents and extended family contact.

When parents file for divorce and have children below the age of 16 – or below the age of 18 if they are still in full-time education or training – it is also necessary to complete a form called a State of Arrangement (Form D8A), which advises the court of the childcare arrangements that have been put in place.

In cases where unmarried parents separate:

• Parents who were in a civil partnership or who adopted children have the same rights and Parental Responsibility as married parents when they split up.
• Parents who live together before separating may have to apply for Parental Responsibility if they did not sign a Parental Agreement or register a child in both parents’ names.
• In cases where there might have been domestic abuse before a couple separated, contact with children may be limited to updates from the resident parent and some contact on the child’s birthday or at holiday periods like Christmas.

Duncan Lewis can advise parents on their legal obligations towards each other and their children when they separate – and can also offer legal advice on Separation Agreements involving international marriage and divorce, Islamic marriage and divorce, high net worth individuals and divorce and extended family child contact.

In cases where a relationship has broken down acrimoniously and agreement cannot be reached, Duncan Lewis can advise couples or individual parents on their options under the law, including alternatives to court proceedings, such as Family Mediation, unless there is an outstanding allegation of domestic abuse.

Duncan Lewis Family Mediation – Child Law and Separation

In cases where agreement cannot be reached between a couple, Duncan Lewis can also arrange Family Mediation to help both parties work through the issues and reach a solution, without recourse to the courts.

The courts will always take into account the welfare of the child so working through any differences within lawyer supported Family Mediation can help avoid traumatic court action.

Both parents can appoint their own Duncan Lewis child care lawyer to give independent legal advice at every stage of the mediation process – Duncan Lewis’ own Mediators include Resolution qualified Professional Practice Consultants.

Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our team is well placed to help you with any issues arising from child law and separation.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Child Law and Separation. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.