Child Matters

Child Matters

Children are at the heart of family law matters. Therefore, we are dedicated to providing comprehensive and compassionate legal services to help you when your case concerns any aspect of family law to ensure your child’s best interests are always at the forefront.

Our team of family law solicitors can help you with the following matters:

• Child Arrangement Orders in Disputes: If you and your ex-partner cannot agree on who the children will live with, how often they will see the other parent or any other aspect of their care, we can help you apply for a Child Arrangement Order (CAO) at the court. A CAO is a legal document that outlines arrangements for your children’s residence, contact, education, health, and other issues. We can help you complete the C100 application form, gather the necessary evidence, and present your case to the judge.
• Agreements Outside the Court: If you and your ex-partner can communicate and cooperate, you may reach an agreement on your children’s arrangements without going to court. This may save you time, money, and stress while giving you more control over the outcome. Of course, we will assist you in negotiating with the other party and their solicitors, drafting a written agreement, and then making it legally binding.
• Representation at Court: If you must go to court to resolve child matters in family law, Axis Solicitors can provide legal representation and guidance. Our team can help you prepare for the court hearings and file the required documents, such as witness statements or court bundles. Our family law solicitors are skilled at advocating for your interests and children’s welfare before the judge. They can also advise you on the role and involvement of other agencies, namely social services, the police, and CAFCASS (Children and Family Court Advisory and Support Service).
• Liaise with Children’s Services, CAFCASS, and other agencies: Sometimes, your children’s legal matters may involve the intervention of children’s services (previously called social services), the police, or CAFCASS, especially if there are concerns about your children’s safety or welfare. These agencies may conduct assessments, investigations, or reports on your children’s situation and make recommendations to the court. Our family law solicitors can help you liaise with these agencies, understand their role and function, or challenge their findings if necessary.
• Child Custody and Child Protection: Nothing is more important than your children’s well-being and security. If you have any concerns that your children are exposed to neglect, harm or danger by the other parent or anyone else, we can assist you in taking immediate action to safeguard them. Our solicitors can help you apply for an emergency order, such as a Prohibited Steps Order (PSO) or a Specific Issue Order (SIO). These orders can prevent the other parent from taking or harming your children or be used to resolve a specific issue related to your children’s care.

At Axis Solicitors, we have a team of highly qualified and experienced family solicitors who can help you with any aspect of your children’s arrangements. 

We are:

• Recognised by the Legal 500: Our law firm is ranked among the leading family law firms in the UK by the Legal 500, a prestigious guide that reviews and rates the best legal services providers in the country.
• Dedicated to client satisfaction: We are committed to providing excellent service and achieving the best possible outcome for you and your children. Our solicitors will listen to your needs, advise you on your options, and support you. At the same time, we will keep you informed of the progress of your case and respond to any questions promptly.

If you need help with your children’s legal matters, please contact us today to book a free consultation with one of our solicitors. We will provide you with the best possible service and are always available to help you.

Child Arrangement Orders in Disputes

Divorce and separation can be emotionally challenging, especially when children are involved. Our family law team at Axis Solicitors have more than enough experience to understand the significance of trying to reach amicable agreements for childcare and contact arrangements during these trying times. Nevertheless, a Child Arrangements Order may become necessary when negotiations or mediation prove fruitless. To discuss your specific situation with an expert, please contact us.

Child Arrangements Orders are a legal recourse for childcare disputes between families or separated parents. These orders place the child’s welfare at the forefront and establish a structured arrangement when previous mediation attempts have proven ineffective.

A Child Arrangements Order specifies:

• The child’s primary residence.
• The schedule for contact with both parents.
• The timing and nature of other types of contact until the child reaches the age of 16, or exceptionally, 18.

Apply for a Child Arrangements Order

Any parent or guardian can initiate an application for a Child Arrangements Order. Furthermore, the following individuals have the right to apply for contact with the child:

• Individuals who have lived with the child for at least three of the past five years and apply within three months of the child ceasing to live with them.
• Individuals within a marriage where the children were part of their family (e.g., step-parents).
• If the child is in care and the local authority consents to the order.

Others who do not fit into these categories may still apply. Afterwards, the court will assess their relationship with the child. The court will consider the advantages of the order and any potential risks to the child’s welfare.

In cases where the order is granted to someone other than the child’s birth parent, such as a grandparent or close relative, parental responsibility is shared equally between the guardian and the parents. The legal relationship between the parents and their child remains unchanged.

If the child disagrees with the arrangements in the order, they may instruct a solicitor, provided they are of an appropriate age and understanding.

Should you require assistance in reaching an agreement regarding your child’s care arrangements, the solicitors at Axis Solicitors offer guidance and support while applying to the court for a Child Arrangements Order.

Our family law team has received recognition through industry awards and accreditation for their outstanding work. Combined with our many positive reviews, you can be sure our specialists will handle your legal matters effectively and get the best possible results.

Agreements Outside the Court

Going to court can be a stressful and costly process, especially when it comes to your children’s arrangements. That is why we offer a range of services to help you reach an agreement with your ex-partner without involving the courts. 

If possible, this can benefit you and your children in several ways:

• Saving you time and money by avoiding lengthy court proceedings.
• Reducing the conflict between you and the other party.
• Allowing more control and flexibility over the outcome.
• Preserving more of a positive relationship with your ex-partner for the sake of your children.
• Creating a more stable environment for your children.

Our experienced and compassionate solicitors can assist you in various ways, depending on your situation and needs. 

Some of the services we provide are:

• Negotiation: Our solicitors can act as legal representatives and communicate with the other party and their solicitors on your behalf. We can help you express your concerns, explore different options, and reach a mutually acceptable agreement that meets your children’s best interests.
• Drafting a written agreement: After reaching an agreement, a solicitor can help you put it in writing to ensure it covers all the relevant aspects. Such as where your children will live, how often they will see the other parent, and how you will decide about their education, health, and welfare. A written agreement can help you avoid misunderstandings and disputes in the future.
• Making it legally binding: Axis Solicitors can help you make the written agreement legally binding by applying for a consent order from the court. This formal document confirms your understanding and makes it enforceable by law. A consent order can give you more security and protect you if the other party changes their mind or breaches the agreement.

If you are looking for a reliable and reputable family law firm to help you reach an agreement outside the court, Axis Solicitors is one of the most dependable law firms. Contact us today to book a free initial consultation with one of our friendly and knowledgeable solicitors. We will be happy to discuss your situation, and you will be glad to learn about our fixed and affordable fees.

Liaise with Children’s Services and CAFCASS

Going through a divorce, separation, or other family law matters, you may encounter various agencies that have a role in safeguarding the welfare of children. These agencies include children’s services (which used to be called social services), the police, and CAFCASS (Children and Family Court Advisory and Support Service). Sometimes, they may intervene in your case if there are concerns about your children’s welfare based on allegations of abuse, neglect, or domestic violence. Furthermore, they may conduct assessments, investigations, or reports on your children’s situation and make recommendations to the court.

Because of our experience, we understand that dealing with these agencies can be stressful, confusing, and overwhelming. You may feel that your parental rights are being challenged or your children’s views are not being heard. Or you may disagree with their findings and recommendations and want to challenge them in court. Hence, we offer legal advice and representation to help you liaise with these agencies and, if necessary, to challenge their findings.

Children’s Services

Children’s services, previously known as social services, are part of the local authority responsible for supporting children and families in need. They may get involved in your case due to referrals from concerned parties like teachers, doctors, or neighbours. Additionally, court orders can trigger their involvement.

Children’s Services operates at various levels of involvement:

• Universal Services: These are fundamental services accessible to all families, including health visitors, GPs, and school nurses. They offer general support for your children’s health and development.
• Early Help: When a need or problem arises, Children’s Services may provide extra support or intervention. This could involve speech therapy, counselling, or specialised services after a thorough assessment.
• Child in Need: This comes into play when your child has complex or special needs, necessitating intensive support from Children’s Services and other agencies. The goal is to maintain the child within your home with additional support, including daycare, parenting classes, family support, or housing assistance. A child-in-need plan will be established to monitor progress and well-being.
• Child Protection: If there are reasonable grounds to suspect significant harm or risk to your child, an initial child protection conference is convened. This involves you, your child (if appropriate), and professionals from various agencies, such as school, health, police, and probation. The aim is to determine if a child protection plan is needed, outlining safety and welfare goals. Regular review of child protection conferences assess ongoing risk.
• Pre-proceedings: When Children’s Services contemplates legal action to protect your child, they will notify you and provide a pre-proceedings plan. This outlines necessary changes and improvements to ensure your child’s well-being. Seeking legal advice is advised, as this stage could lead to court proceedings.
• Care Proceedings: If Children’s Services seeks a care or supervision order for your child, they apply to the court. A care order grants them parental responsibility, allowing decisions on your child’s care and placement, even if you disagree. A supervision order requires them to advise and support your child but does not grant parental responsibility. These orders are issued if the court determines that your child is at risk of significant harm due to your care or lack of control.

Our team has specialist childcare proceedings solicitors with extensive experience dealing with Children’s Services at all levels.

 We offer:

• Guidance on your rights and obligations as a parent, with insights into what to expect at any level of involvement from the Children’s Services.
• Clarity on the legal processes and potential outcomes, ensuring you understand the impact for you and your child.
• Support in communicating and collaborating with Children’s Services and other professionals, resolving disputes and complaints.
• Preparation for meetings, conferences, or visits with these agencies, including guidance on what to say and do.
• Legal representation in court if Children’s Services pursue care or supervision orders, advocating for your and your child’s interests.

If you face challenges related to the Children’s Services (previously Social Services), you can contact us for a free initial consultation. Axis Solicitors stands by you and your child, ensuring their best interests are protected every step of the way.

How we can help you liaise with CAFCASS

If you are going through a divorce or separation and have children, you may need to deal with the Children and Family Court Advisory and Support Service (CAFCASS). CAFCASS is an independent organisation that advises the family courts about the welfare of children and what is in their best interests. 

CAFCASS may be involved in your case if:

• You and your ex-partner cannot agree on arrangements for your children, such as where they will live, how often they will see each parent, or other issues affecting their upbringing.
• There are concerns about the safety or well-being of your children, such as allegations of domestic abuse or neglect.
• Your children want to express their views or wishes to the court.
• Your case has an international element, such as one parent wanting to relocate abroad with the children or a cross-border abduction.

For many parents or guardians, the mention of CAFCASS often comes as a surprise when court proceedings are initiated. 

Upon submitting an application to the court, a copy is promptly sent to CAFCASS. Initial safeguarding checks are conducted, which involve reaching out to the police and social services to gather pertinent information about the parties involved, especially the child’s well-being. Additionally, CAFCASS interviews all concerned parties to understand their perspectives and concerns. In cases where there are no substantial welfare concerns, CAFCASS’s involvement may conclude. However, the reality often entails CAFCASS raising concerns, such as neglect, criminal offences, abrupt cessation of contact between parents, substance misuse, or domestic violence.

CAFCASS’s Involvement and the Section 7 Report

A Safeguarding Letter is an initial step in the process, offering preliminary recommendations to the court. The Safeguarding Letter issued by CAFCASS may recommend seeking further information from the police, drug tests, or participation in parenting classes. Furthermore, it may suggest the need for a Section 7 Report. In cases where allegations of domestic abuse surfaced, CAFCASS might propose a Finding of Fact Hearing to establish the facts.

After CAFCASS identifies concerns, the court may direct them to prepare a Section 7 Report, delving deep into the family life situation. Cooperation with CAFCASS remains essential. Because not engaging with them could lead to the court making decisions without your input, which could adversely affect your case. The court will likely view non-cooperation as a lack of concern for the child’s well-being.

The Section 7 Report outlines the path forward, including parenting arrangements. It may also suggest parenting classes, anger management, domestic violence programs, support groups, or counselling for parents, children, or the entire family.

The Section 7 Report is a pivotal document. It not only provides recommendations on what’s in the child’s best interests but also outlines CAFCASS’s main concerns. Additionally, when children reach an age where they can express their preferences, CAFCASS conducts interviews during the Section 7 Report stage to understand their wishes and feelings. Section 7 Reports can be extensive, often taking 12 weeks or more to complete. 

We can help you by:

• Explaining the role and process of CAFCASS and what to expect.
• Prepare you for the initial CAFCASS call, where a CAFCASS officer will ask you some questions about your situation.
• Supporting you throughout the CAFCASS assessment, a CAFCASS officer will gather information from various sources, such as you, your ex-partner, children and their schools, children’s services or the police.
• Reviewing the Section 7 Report, where a CAFCASS officer will give their recommendations to the court. 
• Challenging the CAFCASS report if you disagree with any of the findings.
• Representing you in court if your case goes to a hearing and advocating for your interests.

Our team of experienced and compassionate family solicitors can guide you through every step of your case. Contact us today for a free initial consultation and learn how we can help you liaise with Children’s Services, the Police or CAFCASS.

Child Custody and Child Protection

Nothing is more important than the safety and well-being of your children. If you are concerned that your children are at risk of harm or abuse from the other parent or someone else, you need to act quickly and decisively to protect them. 

Child Custody

Child custody laws in the UK determine the crucial aspects of parental responsibility and the arrangements for non-resident parents to maintain contact with their children. Child custody in the UK is now referred to as child residency, establishing which parent the child will permanently reside with. It can be awarded on either a sole custody or joint custody basis.

Obtain Sole Custody

Securing sole custody of a child, where one parent is granted both physical and legal custody, can be complex. To obtain sole custody, you must demonstrate to the courts that joint custody is not in the child’s best interests.

Securing early legal advice is crucial to building a solid case for sole custody. Factors that may support your application for sole custody include:

• The other parent’s inability to provide adequate care and supervision.
• Neglect, abandonment, or abuse by the other parent.
• Your better-suited working arrangements for the child’s care.
• Your role as the primary caregiver in the past and a strong bond with the child.
• Issues such as drug or alcohol abuse, domestic violence, or mental health concerns affect the other parent’s ability to care for the child.

If any of these scenarios apply to your situation or if you’re unsure about your grounds for seeking sole custody, please do not hesitate to contact our family law solicitors. 

Shared Parenting

Shared parenting, also known as joint custody, involves parents sharing equal responsibility and opportunities to care for their children. This typically means the child resides with both parents who have joint custody. 

Shared parenting offers several advantages, including providing children with two stable homes, ongoing parental involvement and the fulfilment of parenting responsibilities by both parties.

Despite its benefits, shared parenting can present challenges. Social, lifestyle, or work changes can affect the quality of care provided to children. Issues such as drug use or plans to relocate for personal or work reasons can create difficulties in shared parenting arrangements.

If you believe that joint custody may negatively impact your child’s well-being or if you have concerns, our child custody law specialists are available to confidentially discuss your situation and provide solutions in your child’s best interests.

Before pursuing custody of your child, it is essential to consider your options carefully. Many parents can reach amicable agreements on custody arrangements through negotiations between parents, and if necessary, mediation can be arranged to resolve disputes.

In cases where court intervention is required, the child’s best interests and welfare are the court’s primary concerns. If there are concerns about one parent’s ability to care for the child, evidence must be gathered to demonstrate your suitability as the custodial parent.

Securing a Child Custody Court Order

At Axis Solicitors Limited, we can assist you in obtaining a legally binding child arrangement order to ensure the stability and security of your child’s arrangements.

Custody Without Court Involvement

Not all child custody disputes require court intervention. We recommend parents attempt negotiation or mediation before pursuing legal action.

Child Custody Through Family Court

Obtaining child custody through the family court system can be time-consuming. However, it is necessary when amicable agreements cannot be reached. The process involves completing Form C100 accurately, submitting it to the local Family Court, paying the application fee, and attending hearings.

The court may request a CAFCASS report to assess the child’s best interests, and disputes may still be resolved through mediation or court hearings. Ultimately, the court will decide on child custody in a binding court order.

If you are considering or are already involved in family court proceedings related to child custody, contact us at Axis Solicitors for a free initial consultation. Our family solicitors are here to assist you at every stage of your child custody matter.

Custody Matters for Fathers

Obtaining custody of your child as a father is entirely possible, provided it can be demonstrated that your child’s best interests are served by being in your care. Fathers may successfully secure child custody if they can provide compelling reasons. Even if a child previously resided with the mother, the courts will assess whether the father can provide better care. 

Custody for Step-Parents

Step-parents who have married the child’s biological parent do not automatically possess legal custody rights over the children. However, if an agreement cannot be reached with the birth parent, step-parents can apply for custody through the court. Like grandparents, step-parents are not responsible for a stepchild, so court permission is required before applying for child custody.

To be eligible for custody as a step-parent:

• The step-parent must have been married to the biological parent of the child.
• The step-parent must have lived with the stepchild for at least three years.
• The step-parent must have obtained parental responsibility for the child through a court order.
• Alternatively, the step-parent must have received court permission to apply for contact or residence.

If any of these criteria apply to your situation, our child law specialists can assist you in applying.

Parental Responsibility 

Suppose you believe that the other parent is motivated more by punishing you than by considering the child’s welfare. In that case, our child custody specialists can review your case and assist in preparing it for court consideration. We can also help if you believe the parent caring for the child is unfit for the role. 

Child Protection

Our child custody specialists are dedicated to achieving the best possible outcome for your child. If you need to prevent the other parent from taking or harming your children or to resolve a specific issue related to their care, you can apply for an emergency order from the court. 

We can assist you in obtaining child law orders, for instance:

• Child Arrangements Order (CAO): Decide where your children will live, how often they will see the other parent and other important matters related to their upbringing. It can be made by agreement between the parents or by the court if there is a dispute. We can help you negotiate a fair and workable agreement with the other parent or represent you in court if necessary.
• Prohibited Steps Order (PSO): This order stops the other parent from doing something you disagree with, such as taking your children out of the country, changing their school, or exposing them to a dangerous person or environment.
• Specific Issue Order (SIO): An order that allows the court to decide on a particular matter that you and the other parent cannot agree on, such as where your children should live, what medical treatment they should receive, or what religion they should follow.

Our team at Axis Solicitors have extensive experience in dealing with complex and sensitive cases involving domestic violence, child abuse, parental alienation, and more. 

If you need help with child custody and protection, please contact us for a free initial consultation.  We are based in London, Manchester, Birmingham, Newcastle and Chester but can assist clients across the UK and abroad. Connect with us through Skype, Zoom, or Microsoft Teams to start discussions securely. Protect your children and secure their future with us.