Children
Family disputes that involve children can be particularly stressful for all parties concerned. The welfare of children should be central to any resolution that may be proposed. Detailed below are Frequently Asked Questions (FAQ’s) for this area of law.Q. My partner has left me and taken the children., can you help?
Clarkes can advise you how to proceed. If the children are going to continue to live with your partner, you will want to know that you can still see them regularly. If your partner won't agree arrangements with you we can negotiate on your behalf or apply to court for a Contact Order so that you can see the children.
If you do not think that the children should live with your partner we can advise you about making a Residence Application for the children to live with you.
Q. I never married my partner and I want to see the children after we have separated, what should I do ?
Just because you did not marry it does not mean that your children are not entitled to have a proper relationship with you. If contact cannot be agreed amicably an application can be made to court for a Contact Order.
If you are an unmarried father you will not automatically have rights in respect of your children, although these can be given to you by the children's mother or acquired by a Parental Responsibility Order. Clarkes can advise you how your relationship with your children can be preserved.
Q. I have not seen my grandchildren for some time and I want to know my rights, can you help?
As grandparents you are not automatically entitled to see your grandchildren. However, the court recognises that you may have an important role to play in the children's lives and therefore, if the children's parents will not agree to allow you to see them, you can ask the court to become involved to help you. We can negotiate on your behalf but, if talking doesn't work, Clarkes can help you make an application to court.
Q. Social Services want to take my children away, what should I do?
Clarkes have solicitors who specialise in work where social services are involved. We can represent you at case conferences and any Care Proceedings started by social services.
Sometimes these proceedings are arranged at short notice and we are here to help in an emergency. We can offer advice and support throughout the entire procedure. If social services make applications to the court we will explain what is happening at every stage.
Q. I want to adopt my step-children, what should I do?
Contact Clarkes as soon as possible. We will ensure that any necessary assessments or medical examinations are carried out and that there any no legal barriers likely to interfere with your plans. Once all the preparations have been made we can help you to fill in the forms and make the necessary applications to court.
Q. How much will it cost?
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
For expert legal help and advice on Children contact a member of our Family Law team or call Clarkes on 01952 291666.
