It is very important that the interests of a child are considered when a family breaks up. To this extent, The Children Act and the Courts encourage settling issues concerning children through mutual agreement between the parents. Mediation is one solution.

However this is not always possible, which is why applications to the court may be necessary. The arrangements that can be made in court include:

Residence orders

This type of order settles who a child is to live with if there is a dispute. It is possible to obtain a joint residence order, but these are not common where the child will have to divide their time between two homes.

Contact orders

This type of order sets out how often an absent parent is able to see a child with whom they do not live. It can set out the terms of the contact, the duration and frequency, who is to collect and return the children, and settle any conditions which are in dispute.

Prohibited steps orders

This is an order which prohibits a specified action by one parent. For example, it is used when one parent is proposing to take the children somewhere and the other parent does not agree.

Specific issue orders

This type of order can be positive and negative in its terms. It addresses issues that are not agreed between parents in the child's upbringing or welfare. These include what school they should attend, whether to change their surname, whether they should have a major operation and so on. This order can also be used to ensure your former partner returns your children to you if they have been taken away.

Wardship

The High Court has powers to make certain orders for children who have been taken into care, or are considered at risk. This effectively puts the child in the care of the High Court, who must give their permission for any action that may affect the child.

Permanent Removal to Another Country

Where both parents have parental responsibility a child permission is required before a child can be removed from the country (unless a Residence Order is in force which automatically allows the parent with whom the child lives to go out of the country for up to one month).

Parental responsibility order

Sometimes a natural parent who is not married and not living with the children may have the right to make important decisions regarding the child.

You may not need to get such an order from court if both parents agree with each other. Instead you can ask us to arrange a Parental Responsibility Agreement.

There have been recent changes in the law, giving Parental Responsibility to Fathers whose names are registered on the birth certificate of their children.

Contact Us

To obtain advice and legal guidance on these and other matters pertaining to issues involving children  please contact Marilyn Bell  or Keith Docking at SA Law, St Albans on 01727 798000 or by email at marilyn.bell@salaw.com or keith.docking@salaw.com.