A Team of Family Law Solicitors You Can Trust

At GSB, we can advise you on a range of personal and family issues, including: 

  • Relationship breakdown (married or unmarried couples) 
  • Divorce and civil partnership dissolution 
  • Separation 
  • Financial settlements 
  • Property disputes 
  • Maintenance/child maintenance 
  • Domestic abuse (including injunctions where you are threatened with, or are the victim of domestic violence) 
  • Pension provision 
  • Disputes concerning children 
  • Child care law 
  • Prenuptial agreements 
  • Cohabitation agreements 
  • Grandparents’ rights in relation to grandchildren

We will explain everything in a way that is clear and easy to understand and we will explain the costs and timescales involved at the outset so that you know exactly what to expect. 

FAQs

A Child Arrangements Order is an order from the Court which details the arrangements for a child, including where the child will live and how they will spend time with each parent.  

They are commonly known as residence or contact orders or even custody and access. 

A decision such as changing a child’s school or name should be made alongside anyone with parental responsibility for the child. 

If you obtain their consent, it is a good idea to get it in writing. 

If the other person with parental responsibility does not agree with your decision, then you are unable to make the change. You would need to apply to the Court for permission. The Court would then decide whether it was in your child’s best interest for the change to take place.  

A child’s mother always has parental responsibility from birth. 

A child’s father can obtain parental responsibility by any of the following: 

  • By being married to the mother at the time of the child’s birth
  • By being named on the child’s birth certificate
  • By entering into a parental responsibility agreement
  • By obtaining a parental responsibility order or by having a ‘live with’ child arrangements order

This very much depends on who has parental responsibility for the child and whether there are any court orders in place. 

Any person that has a child arrangements order in place that says a child lives with them can take the abroad for up to 28 days at a time. 

If there no court order in place, then the consent of every person with parental responsibility is needed before taking the child out of the country.  

If consent is refused, then you should seek legal advice as soon as possible. You can ask the Court for permission to take them on holiday. The Court will determine if the holiday is in the child’s best interests.  

If your ex-partner is not making the child/ren available for contact during times set out in the child arrangements order, then you may need to apply to Court for enforcement proceedings. If the Court determine that the order has been breached without reasonable excuse, they have the power to put sanctions in place to the person breaching the order. 

These sanctions can include, fines, unpaid work to even committal to prison for contempt of Court. If it deems it appropriate the Court may consider varying the terms of the child arrangements order or even transferring residence of a child entirely.  

If you have a child arrangements order and your ex-partner is not turning up for contact with the children as set out in the order repeatedly then you may need to consider the impact this is having on the child and whether it is appropriate to apply to vary the current order. You should speak to a solicitor for advice. 

The first step would be to try and contact your ex-partner in a non-confrontational manner to ask for them to be returned. You could ask a family member of friend to make contact if you do not feel comfortable doing so.  

If this is not successful it is a good advice to speak to a solicitor as soon as possible.  

You may need to apply to Court for a Court Arrangements Order seeking the return of the child.  

If you think your child may be in immediate danger you may need to call the police. If you have a child arrangements order in place, the police may assist in returning your child to you. If you do not have a court order and the children are not in immediate danger the police will not have the power to return your child to you. They may well do a welfare check to ensure your child is safe.  

Legal aid can be available in certain circumstances. You need to have been subject to domestic abuse or be at risk of suffering domestic abuse or children that are in need of protection. 

It will be subject to an assessment of your income. It is available for people that are in receipt of certain benefits or that are on a low income and have minimal capital (savings or assets).  

We can assess whether you are eligible for legal aid and if not, we can discuss your options with you. Please contact us to undertake a legal aid assessment.