Create Next App

FAMILY LAW - CHILD ARRANGEMENTS

In England children are protected under the legal framework including the Children Act, of 1989, the Children Act, of 2004 and the Children and Social Act, of 2017.

These Acts provide a comprehensive legal framework including the Child Protection, Family Proceedings and Support Services. Key aspects covered by these Acts are:

Welfare of the child.
Responsibility of Parents towards the child.
Child Arrangement Orders
Special Guardianship Orders
Financial Relief
Duties of Local Authorities

In the dispute of the couple, if the Child is involved and there is disagreement between the couple regarding the access to the child. The Court intervenes to address the issue and provide the relevant guidelines by issuing Court orders. There are three kinds of Court orders based on different circumstances;

Child Arrangements Order
Specific Issue Order
Prohibited Steps Order

CHILD ARRANGEMENTS ORDER:

Child Arrangements Order determines where a child will live and with whom he can spend time. While issuing a Child Arrangements Order, the Court may take a few points into consideration which are also known as Welfare Checklist Criteria, which are mentioned below:

Wishes and feelings of a child.
Physical, emotional and educational needs of a child.
Affect or any change in a child.
Age, sex, background and characteristics which seem to be relevant.
Any harm or risk of harm a child has suffered or may be suffered.
Capability of parents, or any other person the Court consider to be relevant can meet the needs of a child.

Duration of Child Arrangements Order:

The Order is ceased automatically when a child turns 16, or 18 in exceptional circumstances. Otherwise, until the court decides the duration of the order.

However, if you decide to move back with your ex-partner, then the order will cease after 6 months of your living together.

SPECIFIC ISSUES ORDER

Specific Issues Order is granted by the family court. This order is made by the court when there is a disagreement between the parents who are obliged to do their parental responsibility. The Specific Issues Order is issued under the circumstances mentioned below:

Change in the surname of a child.
Decision regarding the education of a child for example: which school should a child attend.
Decision regarding any medical treatment or surgery of a child that needs to be undertaken.
Decision regarding the adoption of any religious education by a child.
Decision regarding taking a child abroad permanently.
Decision for restraining someone from having contact with a child.

Duration of Specific Issues Order

Specific Issues Orders remain effective until a child turns 16 or in limited circumstances until the age of 18. However, generally, the court orders the Specific Issues Order for a specific period.

PROHIBITED STEPS ORDER

Prohibited Steps Order is an order which is issued by the court that prevents a parent with parental responsibility from conducting any particular action or exercising certain elements of their parental responsibility, without the consent of another parent or permission of the court.

The court issued the Prohibited Steps Order under the circumstances:

To prevent the removal of a child from a particular parent's care.
To prevent the removal of a child from the jurisdiction of England and Wales.
To prevent a child from changing his surname.
To prevent the removal of a child from school.

Duration of Prohibited Steps Order

Prohibited Steps Order remains effective until a child turns 16 or in limited circumstances until the age of 18. However, generally, the court orders the Prohibited Steps Order for a specific period.

HOW WE CAN HELP?

It is easy and convenient for the parents to apply for the abovementioned orders with legal advice and support. RLC Solicitors are here for your help by offering the best legal advice. In case of urgent applications to court, we are here to assist and guide you through the process.

Our team is located in Reading and Hounslow. To find out more, please get in touch with us.

ADOPTION

In England and Wales, the Adoption of the child takes place according to the process mentioned in the Adoption and Children Act, 2002.

When the child is adopted, they no longer stay as the legal child of the birth parents as they become the legal child of the adoptive parent(s). It should be kept in mind that once the child is adopted, they lose the right to inherit money and property from the birth parents. However, the child gains the right to inherit money and the property of the adoptive parent(s). The right to information about the child and the right to make decisions about the child of birth parents are automatically revoked and are transferred to the adoptive parent(s).

ELIGIBILITY CRITERIA TO BE ADOPTED AS THE CHILD

While making the adoption application, the child must be under the age of 18.
Not be or never have been married, or in civil partnership.

WHEN THE CHILD CAN BE ADOPTED?

The child can be adopted if both of the birth parents give their consent unless:

Birth parents are unable to be found.
Birth parents are incapable of giving their consent due to mental disability.
The child is at risk, if not adopted.

ELIGIBILITY CRITERIA TO ADOPT THE CHILD

The adoptive parent(s) be 21 or above and either:

Single
Married
In civil partnership
Unmarried couple either same sex or opposite sex.
Partner of parent's child.

There is no compulsion to be a citizen of the UK to be an adoptive parent(s). However, you must fulfill the following conditions:

You or (your partner, if you are a couple), must have a permanent and fixed home in the UK, Channel Islands or the Isle of Man.
You or (your partner, if you are a couple), must have lived in the UK for at least 1 year before starting the application process.

The adoption process is a bit complicated and lengthy. Before getting the Adoption Certificate, there are a lot of steps involved:

Initial enquiry
Training to get familiar with adoptive parent's responsibilities.
Home study assessment.
Matching process.
Consent of the Birth parents.
Court Order

HOW WE CAN HELP?

It is easier and more convenient with the help of solicitors. Don't worry, RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the adoption process.

Our team is located in Reading and Hounslow. To find out more, please get in touch with us.

SURROGACY

In the UK, surrogacy is regulated by The Human Fertilisation and Embryology Act 2008.

The surrogate mother is the legal mother (even if not related genetically) and the surrogate's husband or partner may be the second legal parent. If the surrogate is unmarried then there will be no legal second parent. Also, surrogacy agreements are not legal in the UK. So, even if you have signed any agreement, it will not be enforced. Moreover, paying the surrogate mother is also illegal in the UK, you need to pay only reasonable expenses.

There is very little protection if a surrogate mother changes her mind. However, there are two options available to transfer legal parenthood after the child is born and that are either getting a parental order or through an adoption.

ELIGIBILITY TO APPLY FOR PARENTAL ORDER

You or your partner, (if you are a couple) needs to be genetically related to the child.
You and your partner must be in a relationship where you and your partner are married to each other, civil partners or living together as partners.
After getting a parental order, your child must be living with you and your partner and you all must be residing together in the United Kingdom, the Isle of Man or the Channel Island.
If you are single, then you are not eligible to apply for parental order.
The application must be made within SIX months of the child being born.

ELIGIBILITY TO APPLY FOR ADOPTION

Minimum age to apply for adoption is 21 years.
Adoptive parent can be:
- Single, Married or living in a partnership.
- Unmarried couple (either same sex or opposite sex)
A fixed and permanent home in the United Kingdom, Isle of Man or Channel Island.
The adoptive parent must be living in the United Kingdom for at least a period of ONE year before starting the application for adoption.

HOW CAN WE HELP?

Surrogacy laws are not easy in the UK and provide parents with limited protection. The process is quite complicated which can become easy if you get a piece of professional legal advice and support. Don't worry about getting a good solicitor because you have reached at the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.

Our team is located in Reading and Hounslow. To find out more, please get in touch with us.

CHILD MAINTENANCE

The breakdown of the family affects the child mentally as well as financially. The financial need of the child is one of the important aspects which should be considered seriously.

Child maintenance covers the living costs of the child. It is made when one of the parents is not living with the child. It is a financial arrangement made between the separated parents of the child. Both parents are equally responsible for the costs of raising the child.

Child maintenance can be arranged:

Privately between the parents, if both of the parents agree.
Through Child Maintenance Services

ELIGIBILITY CRITERIA

The child needs to be under 16, or, if the child is in full time education then the age limit is 20 years, up to and including A level or equivalent. The parents need to live in the UK as your main home.

The parents can apply for child maintenance if they are:

either parent (you do not need to live with the child)
a grandparent with the main day to day care of the child
the child's guardian
the child over 12 living in scotland

If you do not have an income and you're either a full-time student or in prison, you do not have to pay child maintenance. There's no need to apply.

You cannot use the Child Maintenance Service if you have an existing consent order approved by a court that is either:

less than a year old
made before 3 March 2003

If one of the parents lives outside the UK

You cannot apply if the child and the parent with main day-to-day care live outside the UK.

HOW CAN WE HELP?

Don't worry about getting a good solicitor because you have reached at the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.

Our team is located in Reading and Hounslow. To find out more, please get in touch with us.

DIVORCE

Divorce can be very stressful. Going through a divorce can bring a mental breakdown. Unfortunately, the divorce laws in England and Wales do not help to reduce it.

On 6 April 2022, the law on divorce was changed. Now it is possible to get a divorce on an entirely 'NO-FAULT' basis.

ELIGIBILITY CRITERIA:

To get a divorce:

you have been married for over a year.
Your relationship has been permanently break down.
Your marriage is legally recognised in the UK.

Before applying for a divorce, you need to consider some key aspects like Arrangements for the children, money and property. You need to make arrangements for the children (if any) before applying for the divorce. You need to divide your money and property. Also, you need to check if your divorce will affect whether you can live in your current home or not. Getting a divorce involves a lot of other procedures which can work parallel to the divorce application.

There are two stages in getting a divorce:

CONDITIONAL ORDER:
A Conditional Order is a legal document that confirms that the family courts see no reason why you and your spouse cannot legally separate.
FINAL ORDER:
A Final Order is a court order that legally ends a marriage.

When these stages are completed, it confirms that the marriage has been dissolved. After applying for divorce, you need to wait for 20 weeks before applying for the Conditional Order. After applying for the Conditional Order, you need to wait for furthermore 6 weeks before the Final order can be completed.

LEGAL SEPARATION

However, if you don't want a divorce, but want to live separately then also there is a provision called 'Legal Separation'. You will be living separately without dissolving the marriage.

You can opt the Legal Separation if:

There are religious reasons against the divorce.
You have been married or in a civil partnership for less than a year.
You want time and space to think that you want to work out the marriage or civil partnership or want to end it.

However, before applying for legal separation, you need to confirm whether you want to make a joint application or you want to make it on your own.

ANNULMENT

Annulment (sometimes known as 'nullity') is a different way of ending a marriage. Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay.

You'll need to show that the marriage:

was never legally valid ('void')
was legally valid, but meets one of the reasons that makes it 'voidable'

Your marriage is not legally valid - 'void' marriages

You can annul a marriage if it was not legally valid in the first place, for example:

you're closely related to the person you married
one or both of you were under 18 (or under 16 if the marriage took place before 27 February 2023)
one of you was already married or in a civil partnership

If a marriage was never legally valid, the law says that it never existed.

However, you may need legal paperwork (a 'decree of nullity' or 'nullity of marriage order') to prove this - for example if you want to get married again.

Your marriage is 'voidable'

You can annul a marriage for a number of reasons, such as:

it was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples)
you did not properly consent to the marriage - for example you were forced into it
the other person had a sexually transmitted disease (STD) when you got married
your spouse was pregnant by someone else when you got married
one spouse is in the process of transitioning to a different gender.

As with divorce, your marriage legally exists until you annul it using one of these reasons.

HOW CAN WE HELP?

RLC Solicitors can help you with the divorce proceedings. Also, we provide the best legal advice on the divorce application issued by your partner. We can draft the application and are efficient in managing and assisting you at every stage of the process of divorce, legal separation and annulment through our best services. We will provide you guidance on how the cost will be handled with and applying for the Conditional and Final Orders. Starting a divorce application also forms a point to start an application for financial agreements which we will handle along with the divorce application. We will also advise you on legal separations and annulment and any concerns related to it.

Our team is located in Reading and Hounslow. To find out more, please get in touch with us.