Children – Private Law

When a relationship breaks down, we understand how difficult and upsetting it can be if the arrangements for children are not agreed. We can help you resolve these disputes. Cooperation can be difficult during the heartache of a breakup, but it is important to put the best interests of the children first to try to reduce some of the impact on them. You and your ex-partner can do this by:

• Agreeing how you will both behave in front of your children
• Listening to your children and asking them what they want
• Clearly telling your children that you love them
• Never criticising your former partner in front of the children
• Not using your children as messengers
• Treating your former partner with respect in front of the children
• Co-operating over issues relating to your children
• Agreeing on arrangements where both parents remain actively involved

Children’s disputes

Private child law disputes are usually the result of a family breakdown when the parents disagree about who the child, or children, should live with and have contact with, or otherwise spend time with. Families are increasingly complicated and international, and parents are not always able to resolve disputes about these issues. 

A court can make orders that resolve disputes regarding:

• child arrangements
• parental responsibility
• special guardianships 
• financial arrangements for children
• surrogacy and adoption

Child arrangements orders

These orders, commonly referred to as “Section 8” orders (from the relevant section of the Children Act 1989), decide who the child is to live with or spend time with, and may be granted to more than one person whether or not they live together. If a child arrangements order states that the child will live with a person, that person will have parental responsibility for the child until the order ceases. 

Some orders make very specific arrangements for the child; other orders are more open with detailed arrangements to be agreed between the parties. Child arrangements orders are not only made in respect of parents. They can also be used to document arrangements between siblings and wider family members. Sometimes the order will give directions that contact is to be supervised by a third person, or that contact is to take place in a specific location. 

Failure to comply with an order may result in the court making other enforcement orders which can include an order for unpaid work.

Making a section 8 application

Certain categories of people are entitled to make an application for a child arrangements order under s 8 without having to seek permission from the court first. They are:

• the parent, guardian or special guardian of a child

• any person who has parental responsibility

• anyone who holds a residence order in respect of the child

• any party to a marriage or civil partnership where the child is a child of the family

• anyone with whom the child has lived for at least three years

• anyone who has obtained the consent of the Local Authority if the child is in their care; or everyone who has parental responsibility for the child

Other people, such as grandparents can apply for orders in respect of their grandchildren. 

Parental responsibility orders

Parental responsibility means all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and their property. 

The birth mother of a child will always have parental responsibility unless it is extinguished by the making of an adoption order to another person. Where the child’s father and mother are married to each other at the time of the birth, they both have parental responsibility for the child. Where the child’s mother and father are not married to each other at the time of the birth, the general rule is that the mother has sole parental responsibility for the child. 

An unmarried father will have parental responsibility for a child born after 1 December 2003 only if he is named on the birth certificate and Register. A father can obtain parental responsibility by asking the court to make an order for parental responsibility.

Other people may acquire parental responsibility by entering into an agreement if they are the husband or civil partner of the mother, or if they obtain a child arrangements order for residence.

More than one person can have parental responsibility for the same child at the same time and parental responsibility is shared between everyone.

How can Trueman’s Solicitors & Advocates help with your children’s matter?

We have been representing clients in family cases for over 30 years, helping parents who find themselves in the middle of a dispute over their children and their future care arrangements. A relationship breakdown is not easy, and disagreements are sometimes inevitable, but we can support you through this difficult time, alleviating anxiety wherever possible, so you can reach the right legal solution for your children.

If court proceedings are necessary, we will represent you throughout the proceedings. We explain every stage of the process and will guide you through the factors that the court will consider when being asked to make an order regarding your child or children. We are different to many other firms as we undertake as much of the advocacy work as we can. This means that you have your lawyer who knows your circumstances representing you in court and presenting your case to the Judge. 

If you need assistance, contact one of our lawyers at [email protected] or call 01865722383 for expert legal advice.

• within six months of receiving a final response to your complaint

• no more than six years from the date of act/omission; or
• no more than three years from when you should reasonably have known there was cause for complaint