Private Law

Private Children Law Proceedings

Speak to an expert

At John Fowlers Solicitors we are highly experienced in dealing with a range of issues regarding children. We understand how distressing it can be when disputes over the arrangements for children arise.

Arrangements for your children on a family breakdown – Private Law Proceedings

Here at John Fowlers Solicitors, we aim to:

  • Secure your children’s wellbeing
  • Make the children the first priority
  • Ensure that the children are well cared for financially, emotionally and mentally
  • Ensure both parties are clear as to their commitments to the children in terms of both financial and emotional support
  • Prepare the children for a new life

Even when you are divorcing or separating you will remain a parent, and you will need to make appropriate arrangements for your children. The Court is always of the view that it is best for the children if their parents can agree arrangements between themselves, without the Court becoming involved.

However, because of the emotional nature of the breakdown of a relationship and the impact of that on your children, you may find it helpful to use Mediation to help you focus on the children’s interest and reaching a workable agreement.

Sometimes a solution cannot be reached, and if that is the case or there are welfare concerns, the Court may need to get involved. You may need to apply for a Child Arrangements Order. This Order will specify the arrangement for where your child is going to live and what contact he/she is going to have with each parent. In certain circumstances, the Court will make orders preventing the other parent from taking a particular action in relation to a child, or to resolve a dispute between you and the other parent over a particular issue.

If the Court has been asked to make a decision about the arrangements for the children, then the Court will take into account:

  • The child’s wishes and feelings (in view of their age)
  • The child’s physical, emotional and educational needs
  • The likely effect of any change in circumstances
  • The child’s age, sex, background and any other relevant characteristics
  • Any harm the child may have suffered, or is at risk of suffering
  • How capable each parent is of meeting the child’s needs

We understand the difficulties parents have, and we can give you expert advice on how to proceed that is both practical and sensitive. If an existing Court Order has been breached, then this can lead to a fine or imprisonment. The Court may even consider a change of residence if there are repeated breaches. The decision will be based on what is in the best interest of your child, and not just as a punishment to a parent.

We can prepare an application to the Court for a Child Arrangements Order on your behalf, and represent you when the case goes to Court. We will be beside you all the way advising, assisting and supporting you.

If you have any questions about the arrangements for your children and need some advice on what to do, contact us for honest advice from one of our experienced family law solicitors.

Social Services involvement with your children – Public Law Proceedings
Please also see our Legal Aid page.

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