Children Act Cases

We can also assist in acting for you in private children cases. This will involve preparation of any applications to the court, representation before the court and advice in relation to settlement. If your application is made on a private basis you will be charged on an hourly basis and the rates of the fee-earners are stated above.
We are able to make applications for Child Arrangements Orders – Live with Order, these orders set out with the child/children of the family live with. Spend Time with orders set out who much time the child/children spend with the non-resident parent.

We also specialise in emergency orders such as Prohibited Steps Order, a prohibited steps order is used to usually prevent the removal of a child/children from a persons care or from the jurisdiction of England and Wales.

The Court will make a child arrangements order where it considers that one is needed and often will invite the Court welfare officer, known as a ‘CAFCASS Officer’ to do some background checks into the family and the children. They may also speak to the children directly themselves to ascertain their wishes and feelings. They will then make recommendations to the Court who may follow those recommendations unless there is a good reason not to. If one or neither parent agrees with those recommendations then the matter will be set down for a final contested hearing at which the Court will impose an order that both parents which they will be legally bound by, provided it is correct in fact and law. Breach of the order can have quite draconian consequences such as fines, community service, transfer of where the children live to the other parent, and (it has been known) imprisonment. Again, going through a contested hearing can be costly and often unsatisfying to one or both parents and therefore where possible this should be avoided.

When considering an order the Court has to consider what is known as the Section 9 Welfare Checklist which is:-

1. The ascertainable wishes and feelings of the children (taking into consideration their age and understanding).
2. The physical, emotional and educational needs.
3. The likely effect on them of any changes in their circumstances.
4. Their age, sex, background and any other characteristics of the children which the Court considers relevant.
5. Any harm which the children have suffered or are at risk of suffering.
6. How capable each of the parents are, and any other person in relation to whom the Court considers the question to be relevant, of meeting the children’s needs.
7. The range of powers available to the Court under the Children Act 1989 and the proceedings in question.

We can be instructed for Children Act cases on a private basis or we can assess you for legal aid and see if you qualify.