Private Law Children

Private Children Law Issues

This information relates to disputes about children that involve parents and/or other family members but not a public authority.

The Welfare Principle

In the majority of cases, the welfare of the child is paramount and the court will apply the welfare checklist set out in the Children Act 1989.

• The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
• His physical, emotional and/or educational needs;
• The likely effect on him of any change in his circumstances;
• His age, sex, background and any characteristics of his, which the court considers relevant;
• Any harm which he has suffered or is at risk of suffering.
• How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
• The range of powers available to the court (under the Children Act of 1989) in the proceedings in question.

Parental Responsibility

When a child is born to a married couple or if the parents subsequently marry, they will share Parental Responsibility for the child. If parents are not married, unless these is a written agreement or a court order, the father will need to be registered on the birth certificate to share Parental Responsibility and then only if this registration took place after 1 st December 2003. Parental Responsibility means the right to make important welfare decisions for the child. Step-parents can also now apply for Parental Responsibility.

Residence

The Court can make a Residence Order to confirm the person with whom a child should live. Shared Residence Orders are now more popular even when the child does not spend an equal amount of time with each parent. A Residence Order may also have the effect of giving Parental Responsibility to a person who is not a parent, for example a grandparent but it will not automatically take Parental Responsibility away from someone who had it before and so you will still have to consult with that other person or persons on welfare issues.

Contact

The Court can make a Contact Order requiring a parent with residence to make the child available for contact with the other parent. Contact can be direct or indirect to include written material or phone calls.

Prohibited Steps

The Court can make an order restricting the exercise of parental responsibility for example by prohibiting a parent from removing a child from the jurisdiction of England and Wales.

Specific Issue

The Court can make an order requiring a person with Parental Responsibility to exercise a decision in a particular manner for example that they should permit a specified medical procedure.

Special Guardianship

The Court can grant a Special Guardianship Order to someone who is not a parent but who is looking after a child and needs to have a stronger level of Parental Responsibility than a parent who might otherwise interfere in welfare decisions. A Special Guardianship Order might be appropriate for a grandparent, foster carer or other relative who is caring for a child.

Adoption

Many Countries in the world do not have a law of adoption. In England and Wales , the Court can make an Adoption Order which has the effect of completely taking away the Parental Responsibility of the biological parents and giving it to the adoptive parents. Traditionally, adoptions would be completely closed and there would be no ongoing contact with the natural family. Often, there is now some contact with birth parents. This might be “letterbox contact” which means letters, cards or photographs or it could in some cases be direct face to face contact

How we can help

The above summary is only very general information. We can provide advice or representation tailored to your own particular circumstances.