Family Law FAQs

A Parenting Plan is a written agreement between parents who are separated that sets out how they will share the care of their children. A Parenting Plan can cover various aspects of parenting, such as where the children will live, how much time they will spend with each parent, how decisions will be made, how communication will be managed, and how any disputes will be resolved. A Parenting Plan is not legally binding, but it can help parents to cooperate and avoid conflicts.

Parental Responsibility is the legal term for the rights and responsibilities that parents have towards their children. It includes the duty to provide for their welfare, education, health, and development. Parental Responsibility can be obtained in different ways, depending on the circumstances. For example, a mother automatically has Parental Responsibility for her child from birth, while a father will have it if he is married to the mother, is named on the birth certificate, or is granted Parental Responsibility by the Court. Other people, such as stepparents or grandparents may also acquire Parental Responsibility under certain conditions. If you don’t have Parental Responsibility and want to obtain this, please get in touch and we can advise on the most appropriate way forward.

If a person is breaching a Child Arrangement Order, you can take legal action to enforce the order. However, for those wanting to bring such breaches to the Court’s attention, an application for enforcement must be made, Applicants need to bear in mind that, the Court can decide not to make an enforcement order and therefore, advice before proceeding with this application is usually necessary.

Penalties that a Court can impose include fines or imprisonment for contempt of Court, orders to undertake unpaid work in the community or orders for financial compensation.

Mediation is a process that allows parties to negotiate and resolve various issues related to children such as custody, access, child support, co-parenting, and other future arrangements for their children with the assistance of a neutral third party. The mediator helps the parents to communicate effectively, identify their needs and concerns, and reach an agreement that is in the best interests of the child. Mediation can be a less adversarial and more effective way to resolve custody disputes than going to court. Attending mediation is usually a requirement, before the court will allow court proceedings to be started (however, there are some exceptions to this, including where cases involve Domestic Abuse)

Child maintenance is a financial arrangement between parents that covers how your child’s living costs will be paid when one of the parents does not live with the child. Child maintenance can cover various expenses, such as food, clothing, housing, education, and healthcare. The Child Maintenance Service (CMS) is a government agency who are responsible for administering the maintenance arrangements and they can help you to work out what you should be paying and how to pay this.

Child maintenance payments will not usually affect any benefits that you and your children get, including Universal Credit. You will not have to pay tax on them.

CAFCASS stands for Children and Family Court Advisory and Support Service. It provides advice and support to the family courts about the welfare of children and what is in their best interests. CAFCASS works with children and families who are involved in family court proceedings. CAFCASS aims to promote the welfare of children and ensure that their voices are heard and considered in the decision-making process. CAFCASS provides various services, such as family court advisory services, private law services, public law services, and mediation services. CAFCASS also offers information and resources for parents and children who are going through family court proceedings, such as leaflets, guides, and videos.

If a parent has Parental Responsibility, then they should be consulted on all decisions related to a child’s wellbeing – such as where they go to school, how their health is being managed, or where they live. This means that one parent shouldn’t try and relocate a child to another area (or country) without first seeking the other parent’s consent. If agreement cannot be reached, an application to Court will need to be made, seeking either an Order preventing the child being moved or an Order permitting the child to be moved. In reality, the Court will only intervene in significant relocation plans which will interfere with the child’s stability and local relationships; a proposed house move five minutes down the road is highly unlikely to be stopped! We can provide advice on whether an application to Court regarding a proposed relocation is likely to be successful or not, but advice on any proposed move for a child should always be taken as early as possible.

If a Social Worker has assessed a child to be suffering significant harm which requires and justifies the interference of the Court, the Local Authority may make an application to Court. These sorts of proceedings are commonly referred to as Care Proceedings. They are serious and legally complex, with the possible outcomes including a child being permanently removed from a family. Given the far-reaching consequences for the family involved, it is vital to instruct a solicitor as soon as possible if you find yourself involved in Care Proceedings. Our specialist team can help you navigate the legal challenges of Care Proceedings with care and compassion, to help you secure the best possible outcome for your family.

If the Local Authority has started Care Proceedings, it means things are really serious and your child could be removed from your care, whether you attend the Court hearing or not. So, it is absolutely vital that you go to each and every Court hearing, and attend all the appointments with the Social Worker along the way. You should be able to receive Legal Aid, meaning you can instruct a solicitor to represent you for free, and they will be able to come to Court with you and explain what is happening – even if it is short notice.

The Meeting Before Action, or PLO Meeting as it may be referred to, may appear to be meeting but it is actually a formal legal conference. If you have Parental Responsibility for a child named in a letter inviting you to a Meeting Before Action, you will be eligible for Legal Aid, meaning a solicitor can attend the meeting with you and provide advice on proposed next steps. Although this may appear to just be a meeting with the Social Work team, it is still a formal legal process, and the outcome could be that Care Proceedings are commenced. Therefore, we always recommend that you instruct a solicitor to assist you during this process.

Legal Aid is available to all parents (or those with Parental Responsibility) when their children are subject to Care Proceedings. However, if your legal matter is a private family matter – for example, if you have a dispute over where your children live or when they see their parents – then you have to go through a thorough application process with the Legal Aid Agency to determine whether you will get some, or all, or your legal costs funded. There is an eligibility test relating to your finances, the merits of your case, and also whether you have specific evidence of domestic violence. We can advise you on whether you are likely to be eligible for Legal Aid.