Can You Go to Prison for Taking Your Children Abroad?
The short answer is yes you can go to prison for taking your children to live abroad if you don’t have your ex-partner’s agreement or a Court order. The Daily Mail has reported on the case of a UK mother, Indea Ford, who this week has been sentenced to three and a half years in prison, after being extradited from the States, and standing trial in the UK for taking her two daughters to live in Alaska. Mrs Ford is likely to serve nine months in prison in the UK before being allowed to fly back to the States to return to live with her second husband, two daughters and her toddler child born from her relationship with her second husband.
Court order to take children to live abroad
On first reading the Indea Ford decision to send a mum of three young children to prison seems really harsh, not only on Mrs Ford but on her children. A read through the Daily Mail article reveals that Mrs Ford asked her ex-husband for permission to take her two daughters to live in the States and when he refused to agree she applied for a family Court order. All would have been well for her had she been successful in her family Court application but she lost. The family judge decided that Mrs Ford and the children had no prior links to the States and that it was better for the children to stay in the UK. The correct legal option would have been to appeal the decision or wait, build up her legal case, and apply to the family Court again.
Mrs Ford didn’t do that. Instead she breached the family Court order saying that one of her daughter’s passports had been lost or stolen so she could get a replacement passport and leave the UK with her two children. Prior to her departure the children had been seeing their dad but after the move to the USA contact stopped. The criminal proceedings and extradition have resulted in the children losing both their mum and dad as the girls are currently being looked after by their step father in the States and haven’t seen their birth dad.
Criminal proceedings and prison
The criminal trial judge who sentenced the mother to prison time made it clear that he was doing so because Mrs Ford had deliberately breached a family Court order refusing her permission to take the children abroad to live. The family Court document said that Mrs Ford would commit a criminal offence if she disobeyed the family Court order and took the children abroad. Despite the Court warning Mrs Ford went on with her plans to take the children to the States, securing a passport for one of her daughters by lying and saying that the original had been lost or stolen when she knew that the family Court had ordered that each parent keep one daughter’s passport for safekeeping.
Reporting restrictions have prevented anyone on reporting why Mrs Ford felt so driven to breach the family Court order and take her daughters to the States but the media reports that she thought her highly acrimonious split from her ex-husband was damaging to the children. After Mrs Ford has served her prison sentence she will be able to return to the States to her second husband and three children but what about the long term harm of the criminal Court proceedings and maternal separation on the children? What about the potential for the children to find it harder to repair their relationship with their birth dad because of the criminal Court case against their mum and their mother’s prison time?
Last year there were a number of cases where family judges in the UK took the unusual step of sending a parent to prison for contempt of Court. Jail time is imposed because of the parent’s failure to comply with family Court orders made within child abduction proceedings.
In the past if a child was taken to a country outside of the European Union or a country that isn’t a signatory to the Hague convention the parent left in the UK often felt frustrated by the legal remedies to enforce UK family Court orders to recover their child from abroad.
After a separation or divorce, and particularly if families have connections to more than one country, one parent may take a child abroad, often back to their country of origin, leaving the child abroad and in the care of their extended family. The parent then returns to the UK without the child to pick up their life again. Sometimes a parent doesn’t even realise that if a child is what is called habitually resident in the UK they can't just take their son or daughter abroad to live without the other parent’s agreement or a UK Court order . When the parent returns to the UK they often plead ignorance of the law and say that they have no control over whether their relatives comply with UK family Court orders and return the child to the UK.
The Zubaidy family case is an example of a situation where a family Court has been willing to sentence a parent to jail time for their part in parental child abduction. Mr Zubaidy took his 3 children into Libya, through Tunisia, leaving the children with relatives in Libya. He then returned to the UK and whilst he eventually returned his son said that he couldn’t sort out the return of his 2 daughters. The family Court took a very robust approach and ordered Mr Zubaidy to provide addresses and information to help recover and return the girls to the UK. Mr Zubaidy didn’t obey a number of family Court orders, and to the mother’s frustration and distress, her daughters remain with paternal relatives in Libya.
Contempt of Court proceedings were started against the children’s father and the Court was able to conclude that Mr Zubaidy had flouted family Court orders and in August 2017 sentenced him to 12 months imprisonment.
When family judges have made robust orders for imprisonment this has resulted in family members abroad cooperating with the UK Court orders and returning children. For any parent caught up in trying to recover their children from abroad getting the other parent imprisoned is the very last resort but can hold the key to the eventual return of their son or daughter.
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Applying to Court for permission to take children abroad to live
The case of Mrs Ford shows just how important it is to not only comply with family Court orders but to do all you can to get it right in the first case. How much easier it would have been for the children if Mrs Ford had been able to persuade the family judge to give her permission to take the children to the States.
As a children lawyer , specialising in child abduction and complex children Court cases , I sometimes find that parents question the need for detailed preparation work as they assume they’ll get the Court permission they want without having to detail the background to their separation or research their plans to live abroad. I know just how devastating it can be for a parent to be told ‘’no ‘’ by a Court and preparation is the best chance of getting the order you want.
The best advice is to:
• Chose a specialist children lawyer who can give you an honest opinion on your likely chances of a successful Court application and can tell you how much information and preparation will be required to maximise the chances of success;
• Work with your lawyer – if they tell you that they need information about your relationship it is not salaciousness it is because they need it to help you;
• Research where you want to move to – you should look at houses , jobs , health services , schools and of course how contact would work in relation to your proposals and transport times and costs;
• Consider the timing of any Court application – sometimes an application should be delayed or in other family circumstances it needs to be pushed through, for example so a child will start senior school in the new country rather than join a new school in a new country mid-term;
• If you don’t get the Court decision you want take more legal advice before taking your children abroad.
Contact us now for legal help when taking children abroad
Louise Halford
Sep 11, 2018
At What Age Will the Court Listen to a Child?
Children seem to be getting older younger. I am sure that I am not the only Cheshire children law solicitor who thinks that children in the 21st century are catapulted into adulthood at far too early an age but at what age will the court listen to a child? As a children law solicitor I am often asked if a judge will speak to a child and at what age a child’s views will take precedence over a parent’s wishes. I am sometimes tempted to answer with what I call the Adrian Mole answer, ’age thirteen and three quarters’, but of course no question in family and children law has such a precise answer.
We are Cheshire children law solicitors
If you can't reach agreement over the child custody and contact arrangements for your child and need representation in custody or contact proceedings contact us for legal help.
Does a Court take a child’s wishes into account?
When a court is making a decision about a child then the child’s welfare is the court’s paramount consideration. The court considers a check list of factors when making orders relating to a child:
The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding;
The child’s physical, emotional and educational needs;
The likely effect on the child of any change in his/her circumstances;
The child’s age, sex, background and any characteristics the court considers relevant;
Any harm which the child has suffered or is at risk of suffering;
How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs;
The range of powers available to the Court.
That means a child’s wishes is just one of a number of factors that a judge takes into account when deciding what is best for a child. However it is correct to say that if a child is older and has strongly expressed views then it is usual for those views to be given more weight than other welfare factors, assuming of course that the child’s stated wishes won’t put them at risk.
How are a child’s wishes ascertained by a Court?
Judges often find that one parent will say that ’Johnny doesn’t want to see his other parent‘whilst the other parent will report that little Johnny is desperate to spend more time with him or her. That puts the court in a quandary. Many parents expect a judge to resolve the dilemma by seeing their child and asking the child what they want. Judges only see children in exceptional circumstances. That isn’t because judges don’t listen to children but because they don’t think court rooms are the best place for children. Instead a judge may order a report by an officer from the Children and Family Court Advisory and Support Service (CAFCASS).
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What is a CAFCASS report?
A CAFCASS report is prepared on the order of a family court judge and is carried out by a family court advisor. The advisor is independent of the court, social services or health and education authorities. The family court advisor can either be asked to prepare a report limited to the child’s wishes and feelings or to report more widely on the child’s needs and best interests.
When assessing a child’s wishes and feelings the advisor may ask to observe a contact visit between parent and child as well as speaking to the child. That’s because although a child may say that they don’t want to see a parent their actions and expressions during an observed contact visit can reveal that they have a very close relationship with their parent and their ’expressed’ wishes are really just reflecting the views of the other parent towards contact. A CAFCASS report is therefore highly influential to the judge, whatever the child’s age.
How is the child’s age and understanding measured?
You would think that a child’s age would be easy to measure and you’d be right but there again no two ten year olds are the same. Cheshire children law solicitors know that you can get some very bright and articulate children at ten or late developers who struggle to express themselves in anything other than grunts or a shake of the head, whilst avoiding all adult eye contact.
If a CAFCASS report is ordered by a judge, the family court advisor should look at and assess both the child’s age and their level understanding of the application before the court. Is the child, for example, saying that they don’t want to see a parent because they know that contact causes friction and trouble at home or is it a genuinely held view? Alternatively is a child keen to move to the USA with one parent because they want to go to Disneyland but they don’t have any real appreciation of what living and going to school in the States and not seeing their other parent each week will really be like?
That is why children’s voices need to be heard but also measured – after all do parents listen when a child expresses the view that they don’t want to return to school after the summer holiday break? There may be sympathy to the child’s stated views but inevitably parents will do what’s in their child’s best interests.
If you can't reach agreement over the child custody and contact arrangements for your child and need representation in custody or contact proceedings contact us for legal help.
Appointments are available online or in person at Holmes Chapel, Cheshire and Whitefield, Manchester.
Louise Halford
Sep 06, 2018
Shortlisted for ‘Best Family Law Firm in Manchester’
Help us to win the award for Best Family Law Firm in Manchester in the Talk of Manchester Awards 2018!
Vote Now
Anyone who knows me and the Evolve Family Law team knows that we don't usually go in for awards. We prefer to let our work and our clients speak for us. However, one of our very happy clients put Evolve Family Law forward to receive an award for Best Family Law Firm in The Talk of Manchester Awards 2018 and we have since been shortlisted! Our winning this award depends on the number of people voting for us so please do vote today.
Helping clients make informed choices by focussing on guiding them through the confusing minefield of family and divorce law is what we do best and being recognised for this makes us extremely proud of our team's hard work and commitment.
If you like what the Evolve team do and what Evolve Family Law stands for, please click on the link below to vote. All you have to do is enter your name and email and then scroll to Category 13. Voting closes at 5pm on 12 October
www.thetalkofmanchester.co.uk/awards
Thank you to everyone who has voted for us to far, we are very grateful for the nomination and for anyone who takes the time to help us achieve our vision “To be the most trusted and first choice advisors for everyone going through relationship changes”.
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Robin Charrot
Sep 01, 2018
Can the Court Refuse a Divorce?
We are always reading in the press about celebrities getting 'quickie divorces’. Today’s news that a woman whose divorce was refused by the Supreme Court ‘ will come as a surprise to many who assume that in the 21st century if you want to get divorced you can go ahead and do so. Read the full news story.
As divorce solicitors, obtaining divorces on a daily basis we know that getting divorced isn’t plain sailing.
The grounds for divorce
Why did the Supreme Court refuse 68 year old Tini Owen’s request for a Decree Nisi of divorce from her husband? The 3 Judges agreed that the marriage had broken down, with Mr and Mrs Owen living in separate houses and there being no prospect of a reconciliation between the couple. However under current divorce law a petitioner or divorce solicitors asking the Court for a divorce not only have to establish that the marriage has broken down but also that the failure of the marriage is down to one of five specified reasons:
• Adultery;
• Unreasonable behaviour;
• Separation for 2 years with your husband or wife's agreement to the divorce;
• Desertion;
• Separation for 5 years – you then don’t need your husband or wife's consent to the divorce.
Can you get divorced?
The Supreme Court Judges have decided Mrs Owens can't get a divorce based on her current divorce petition. Why? Well although it was agreed that the Owen marriage had broken down the Court wasn’t satisfied that Mrs Owen had established that Mr Owen had behaved unreasonably. As Mr Owen won't agree to a divorce based on 2 years separation that means Mrs Owen will need to wait until 2020, when she will have been separated 5 years, to start fresh divorce proceedings against Mr Owen.Ultimately Mrs Owen will get her divorce but if divorce solicitors are asked then the answer at the moment to the question ‘’can you get divorced’’ is not necessarily and not yet.
What do divorce solicitors and family Courts consider to be unreasonable behaviour?
Mrs Owen didn’t get her divorce because the Supreme Court wasn’t satisfied that Mr Owen had behaved unreasonably. Usually when a husband or wife starts divorce proceedings on the basis of unreasonable behaviour their spouse doesn’t challenge the reasons stated in the divorce proceedings. That is because the spouse sees the divorce paperwork as a means to a common goal of a divorce and a financial settlement. In Mrs Owen’s case her husband objected to the divorce and said he hadn’t behaved unreasonably.
It has long been established by divorce Courts that unreasonable behaviour isn’t falling out of love or drifting apart from a spouse. There has to be some behaviour on the part of the spouse that is so unreasonable a divorce is justified.
Lots of people assume unreasonable behaviour has to be pretty extreme such as an assault but divorce solicitors know that unreasonable behaviour comes in many different forms such as:
• Financially controlling your husband or wife;
• Belittling or demeaning your spouse;
• Refusing to communicate or socialise with your husband or wife;
• Failing to support your spouse, this could be emotionally, financially or in bringing up the children.
There are numerous other examples of unreasonable behaviour. It is important to get legal advice from divorce solicitors before you start divorce proceedings. Why? Well it is important to detail enough allegations of unreasonable behaviour to make sure that the Court is satisfied that a spouse has behaved unreasonably but, on the other hand, the divorce petition shouldn’t be too extreme. If the allegations are too strong it may make it a lot harder to reach a parenting agreement and a financial settlement with your husband or wife.
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Will the allegations in the divorce proceedings affect the childcare arrangements or financial settlement?
This question is often asked of divorce solicitors. It is very understandable as people fear that if they accept the unreasonable behaviour allegations in a divorce petition and don’t contest the divorce that they will end up not seeing the children or the Court will take into account the unreasonable behaviour allegations when deciding how the assets and property are split up.
That is why it is important to get advice from divorce solicitors before you start divorce proceedings or agree to a divorce. Divorce solicitors can agree that although you are not contesting the divorce petition as you both want a divorce that if the allegations in the divorce petition are raised in any future financial or children Court proceedings you can contest and challenge what is said about you. In other words agreeing to the divorce petition is a means to an end whilst preserving your legal rights.
For help from expert divorce solicitors on any aspect of divorce proceedings or for information on financial claims on divorce, contact us.
Robin Charrot
Jul 26, 2018
Am I Entitled to Spousal Maintenance?
My partner and I can't agree whether I'm entitled to spousal maintenance. What can I do?
If you can't reach an agreement over the amount of spousal maintenance then you can make an application to Court. The Court doesn’t have a set formula to say how much, if any, spousal maintenance should be paid. The Court has a lot of discretion to make what orders it thinks appropriate.
The Court can also order lump sum payments and property transfer orders. These are separate but linked to spousal maintenance orders. This means that the less capital that a husband or wife receives then the greater the probability that they may need spousal maintenance in order to meet their income needs.
Reaching a financial settlement is a bit like putting a jigsaw together as it is important that the capital, pension and income settlements meet needs.
If I am entitled to spousal maintenance how long will the spousal maintenance last for?
The Court can order different types of spousal maintenance or no spousal maintenance.
Joint lives maintenance is often called the ‘’meal ticket for life’’ spousal maintenance in the media. Why? It is because the spousal maintenance continues throughout the joint lives of the payer and the payee until further order of the Court or until the payee remarries. A husband or wife can apply back to the Court to change the amount of maintenance payable upwards or downwards if there is a change in circumstances. It is also possible for the payer to apply to the Court to stop the spousal maintenance payments if there is a change in circumstances.
Term spousal maintenance continues for a set number of years. The level of spousal maintenance can be changed before the term expires (but not afterwards). The term or length of time that spousal maintenance is paid for can be extended by the Court although there must be a good reason to do so and the application must be made before the term maintenance order expires.
Term spousal maintenance with a bar is exactly the same as a term spousal maintenance order save that the length of time that the maintenance is paid for cannot be extended.
Clean break order is when no spousal maintenance is payable. If the Court makes a spousal maintenance clean break order then a husband and wife can’t make a maintenance application, even if there is a change in their personal financial circumstances at a later date.
I am worried about if I am entitled to spousal maintenance. What should I do?
The best thing to do is to get some early legal advice. Why? If you are entitled to spousal maintenance then an urgent Court application for what is known as ‘’maintence pending suit’’ may be necessary. Even if your situation isn’t urgent it pays to get legal advice so that you understand what steps need to be taken to ensure that you are either able to negotiate spousal maintenance; get a Court spousal maintenance order; or apply to change the amount or extend the time that spousal maintenance is payable for. In some situations that involves looking at your ex-spouses income and financial circumstances and in others looking at your outgoings, career prospects and family circumstances.
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If you have been reading the news about the end of the "meal ticket for life" divorce case of Mr and Mrs Mills and you are either getting divorced or are a divorcee you may be concerned about the question ‘’am I entitled to spousal maintenance?”. It wouldn't be unreasonable to assume from some of the press coverage of Mr and Mrs Mill’s financial Court proceedings that spousal maintenance is an old fashioned concept and that after their divorce spouses will, in future, have to stand on their own two feet and be financially independent of one another.
A careful read of the Court decision in Mr and Mrs Mill’s case reveals that the question "am I entitled to spousal maintenance" is still a very valid question.
How does the Mills decision affect the question ‘’am I entitled to spousal maintenance?’’
Why has Mr and Mills case hit the headlines? In the Mills case the dispute was over whether Mr Mills should pay his ex-wife increased monthly spousal maintenance payments. When the couple split up the Court ordered Mr Mills to pay spousal maintenance to Mrs Mills. In addition the Court gave Mrs Mills enough capital to buy a house. Fast forward nearly a decade and Mr Mills wanted to reduce the spousal maintenance payments and Mrs Mills wanted the spousal maintenance payments to increase as she’d made unwise financial investments and was in debt and renting a house. She therefore argued that as she had increased outgoings she needed more spousal maintenance to meet her basic needs.
The Supreme Court has ruled that the original level of spousal maintenance payments must continue but that they won't be increased. So, those who say that the Mills case stops the ‘’meal ticket for life’’ are wrong. However the Mills case and other recent Court decisions do show an increased concern on the part of the divorce Court to really analyse if spousal maintenance should be paid and if so the amount of the spousal maintenance and how long it should be paid for. This is with a view to both husband and wife in appropriate family situations, being able to achieve financial independence of one another.
One of the strong reasons behind the Court decision not to increase Mrs Mill’s spousal maintenance payments was the fact that at the time of the first financial proceedings Mrs Mills had been given enough cash to buy a house and so if she’d used the money wisely she wouldn't have needed more spousal maintenance to pay her debts and rent. The Court concluded her ex-spouse shouldn’t be penalised by her poor financial decisions a decade after the marriage had broken down.
For help with your entitlement to spousal maintenance or to review an existing spousal maintenance order please contact us.
Robin Charrot
Jul 20, 2018
Drug and Alcohol Testing in Children Court Cases
It is not uncommon for one parent to allege that the other parent has a drug or alcohol issue when a couple split up. Why? There can be a whole variety of reasons and in this blog we look at allegations of drug or alcohol abuse and testing for substance abuse in children court proceedings.
We are Cheshire Children Solicitors
If you need help with sorting out child custody and contact or are concerned about substance abuse allegations in children court proceedings and need advice on a child arrangements order then contact Holmes Chapel based Evolve Family Law, contact us online.
Substance abuse allegations in children proceedings
There are many reasons why substance abuse allegations can be made after a separation or divorce. Sometimes the drug or alcohol consumption is mentioned in passing as ‘no big deal’ with an acknowledgement that the parent is great with the kids. In other families there is a genuine concern for the children as the alcohol or drug consumption has gone beyond recreational use and was the reason behind the relationship breakdown. Worryingly, sometimes allegations are made that are untrue as a means to stop contact or the alcohol or drug use is blown out of all proportion to the reality as a justification to stop the children seeing the other parent.
If you are worried about your children because of a parent’s substance abuse or if you are facing accusations of drug or alcohol abuse it is vital that you get early legal advice from children law solicitors so that you know what your best options are.
What is parental substance misuse?
Parental substance misuse is, for clear reasons, taken very seriously and if you are unsure what the court considers as substance misuse, read one of our recent blogs what is parental substance misuse.
The issue of drug and alcohol testing in divorce and children cases has hit the headlines with reports in the Daily Mail that James Stunt allegedly provided false samples for drug testing during his divorce from Petra Ecclestone.
If one parent uses drugs or alcohol it can have an impact on their ability to look after their children or impact on how much time they should spend with the children. Many parents, despite the trauma of a split, are able to sort out child care and contact arrangements with the help of a Cheshire children law solicitor, mediator or therapist, working around the alcohol or drug issues.
If a mum of teenage boys knows her boys want to see their dad she can minimise the risks posed by her ex and his alcohol issues by insisting that the children aren’t driven in a car by their father and that a relative stays in dad’s house when the boys stay over. In a different scenario, with a toddler, the risks and issues associated with substance misuse may be very different.
Where drug or alcohol abuse is denied or parents can’t reach agreement on the impact, if any, the drug / alcohol use should have on the child care arrangements the parents may have to ask the court to decide how much time the children should spend with each parent and under what conditions.
Children court applications and alcohol and drug testing
A parent can ask the court to order that drug or alcohol testing is undertaken by the other parent before contact with a child takes place. The parent who is alleged to have a drug or alcohol issue can refuse to be tested and the court can’t force him or her to undergo a test. Obviously questions may be asked about the reason for the refusal and sometimes inferences can be drawn.
The court is normally robust in looking behind the reasons why testing is being sought. Background information is needed, for example if a parent alleges that the alcohol misuse by the other parent is longstanding but before the split up both parents shared the care of the children. The question could be raised about why the alcohol or drug use is now a welfare concern for the children. If only occasional drug use is alleged a court may want to question if the usage impacts on the children before ordering tests, for example if a parent has always limited recreational drug usage to times that the children aren’t being looked after by them.
Court approach to drug and alcohol testing
The court in children law proceedings is focused on looking at what is in the best interests of a child and therefore the court is only concerned with allegations of drug or alcohol use if they impact on the parent’s ability to look after or spend time with the children.
If there are serious concerns about a child’s welfare, either before or after drug or alcohol testing, the court can ask CAFCASS or Social Services to prepare a report. The court can also order expert reports such as psychological assessments or can make referrals for parents to attend parenting courses. There are lots of reasons why these referrals are made; sometimes to help family dynamics where there is a parent with an alcohol or drug issues or, in other extremes, where false allegations of drug usage have been made and the family need help with parental alienation issues.
How are drug tests undertaken in children court cases?
If a court orders testing and a parent agrees to the testing then it can take a variety of forms: hair, blood, urine. If you read the Daily Mail article you might think it is easy for parents to falsify reports but if a test is arranged privately through Cheshire children law solicitors or the court then samples are obtained in the presence of a medical professional and after formal identification of the person providing the sample.
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What to do next?
If any parent finds that they are in a dilemma about whether their children should see their other parent as a result of concerns about drug or alcohol use then the important thing is to speak to a Cheshire children law solicitor to discuss the issues and explore the options for contact to take place in a safe environment.
If you are a parent facing a battle to see your children because of allegations of alcohol or drug use it is equally important to get legal advice from a children law solicitor. That is because the longer you don’t see the children for then the tougher it can become to get to see them again and resolve the family dynamics that led to the substance abuse allegations.
Whether you are a parent worried about your ex’s drug use or a parent desperate to see the children the important thing to remember is that the court and professionals approach is to do what is in the children’s best interests, and that can include contact if it is best for a child to maintain a relationship with both parents in a safe environment.
Louise Halford
Jul 17, 2018
What is Parental Substance Misuse?
Parental substance misuse is an extremely serious issue and it is not uncommon for one parent to allege that the other parent has a drug or alcohol issue when a couple splits up. Why? Well sometimes the parental substance misuse, be it drugs or alcohol, is mentioned in passing as ‘no big deal’ with an acknowledgement that the parent is great with the kids. In other families, there is a genuine concern for the children as the parental substance misuse has gone beyond recreational use and was the reason behind the relationship breakdown. Finally, sometimes allegations are made that are untrue as a means to stop contact or the alcohol or drug use is blown out of all proportion to the reality as a justification to stop the children seeing the other parent.
The issue of drug and alcohol testing in divorce and children cases has hit the headlines with reports in the Daily Mail that James Stunt allegedly provided false samples for drug testing during his divorce from Petra Ecclestone in an attempt to disprove accusations of parental substance misuse.
If one parent uses drugs or alcohol it can have an impact on their ability to look after their children or impact on how much time they should spend with the children. Many parents, despite the trauma of a split, are able to sort out child care and contact arrangements with the help of a solicitor, mediator or therapist, working around the parental substance misuse.
As an example of parental substance misuse, if a mum of teenage boys knows her boys want to see their dad, she can minimise the risks posed by her ex and his alcohol issues by insisting that the children aren’t driven in a car by their father and that a relative stays in Dad’s house when the boys stay over. In a different scenario with a toddler, the risks and issues may be very different.
Where drug or alcohol abuse is denied or parents can't reach agreement on the impact, if any, the drug / alcohol use should have on the child care arrangements the parents may have to ask the Court to decide how much time the children should spend with each parent and under what conditions.
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Many parents are wary about raising parental substance abuse allegations in Court proceedings or alternatively parents are worried that allegations of alcohol or drug usage will automatically be believed and will result in them losing all contact with their child. That is why it is important to get early professional advice on your options. As an example the Court may question why a parent allowed lots of unsupervised contact if there are very serious allegations of parental substance abuse or why, in a different scenario, a parent hasn’t seen their child for months, making the parent child relationship harder to repair. Sometimes it pays to take things slow and at other times it is vital that a parent pushes for contact notwithstanding the allegations of parental substance misuse.
For legal help with children law and child care arrangements where there are allegations of drug or alcohol misuse please contact us.
Louise Halford
Jul 06, 2018
Business Breakfast Raises £10,000 for MedEquip4Kids
We were delighted to support a business breakfast recently with the special guest speaker Economist, Jim O’Neill, Lord O’Neill of Gatley. The event was attended by over 100 guests from the business community, and raised nearly £10,000 for MedEquip4Kids.
Once breakfast and coffee were served, MedEquip4Kids chairman Brian White welcomed Lord O’Neill and gave a brief introduction to his many impressive achievements. After graduating from Sheffield University, Lord O’Neill studied for a PhD at Surrey and went on to become a renowned economist, working for various banks including 15 years at Goldman Sachs Division of Asset Management. He is especially well known for developing the acronym BRIC (Brazil, Russia, India and China), a group of countries considered to be at a similar stage of newly advanced economic development. In 2011 he was named by Bloomberg Markets magazine as one of the 50 most influential financial professionals worldwide.
When Lord O’Neill left Goldman Sachs he had a desire to do something different, though he wasn’t sure at first what that would be. Then he was asked by David Cameron to lead a review into the problem of antimicrobial resistance. His wife, who is a scientist, commented that it was the first time she’d be able to understand and be interested in what he was doing! Lord O’Neill has subsequently co-written a book called Superbugs: An Arms Race Against Bacteria.
After the talk the floor was opened up for the audience to ask questions. Perhaps unsurprisingly in the circumstances, the first topic to be raised was Brexit. Lord O’Neill’s view as a remainer was that there were likely to be negative consequences of Britain leaving the EU, but it perhaps wasn’t the most important issue facing the UK economy at the current time. In fact it was possible that increased productivity could eventually make up for any negative impact of Brexit. But in order to achieve that productivity, it was crucial to tackle geographical and intergenerational inequality – factors he believed were responsible for the referendum result, especially in places like Sunderland where people had felt for decades that they were being left behind compared to other parts of the UK.
This led on to the subject of the Northern Powerhouse, an initiative which Lord O’Neill has championed and remains heavily involved in. In his opinion the six key factors in regenerating the northern economies are: devolution (in particular healthcare – he mentioned that in areas of North Manchester the life expectancy for men is just 59 years old), transport, education, skills, businesses moving out of London to prevent young people in the north having to relocate for jobs, and backing from private sector and council leaders.
Finally Lord O’Neill was asked about the best emerging markets for UK exports, and he emphasised the importance of China. Although its growth has slowed recently, it still creates an equivalent of the South African economy every month. One important area is Chinese consumers: Apple now sells more iPhones to Chinese customers than it does to US ones. Other key emerging markets he noted were Vietnam and Laos.
At the end of the breakfast Lord O’Neill, who is an enthusiastic supporter of Manchester United, drew out the winning envelope from the prize draw. The lucky winner was our very own Becky who went away with a Paul Pogba shirt!
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Robin Charrot
May 09, 2018
Grandparents Rights Reform Proposed
Good news for grandparents – children law reform proposed – to give grandparents a right to apply to Court to see their grandchild.
As a children lawyer I smile when I see a grandparent out with a grandchild. Why? I’m often asked for advice on grandparents ‘rights’ and it is therefore great to see children enjoying time with grandparents.
Sadly grandparent contact can stop if:
There is a family fallout with a son or daughter-in-law;
Parents separate and the parent who is looking after the children thinks that a grandparent took sides during the divorce or wants to exert control;
The death of a child and the remarriage of a son or daughter in law;
Family moving away or going to live abroad.
All too often when families split up grandparents can be forgotten, despite providing support such as:
Continuity and stability in a grandchild’s changing post-divorce world;
Childcare if both parents have to go back to work after a marriage breakdown;
Family historian;
A fun relative and role model.
The current grandparent and child law
Under current children law, grandparents don’t have an automatic right to apply to Court to see their grandchildren. Grandparents have to undergo a two stage process:
Ask the Court for permission to be able to apply for a Court Child Arrangements Order.
If they get permission then apply for an order setting out the time a grandchild should spend with their grandparents. The Order can provide for regular contact or just cover a one off special holiday or the grandchild being able to come to an 80th birthday party or golden wedding celebration.
When a grandparent asks for Court permission to apply for a Child Arrangements Order the Court considers:
The connection with the child (how close are the grandparents to the grandchild);
The nature of the application for contact;
Whether the application might be potentially harmful to the child's well-being in any way.
Although it is usual for a Court to give permission for a grandparent to apply for a Child Arrangements Order the two stage Court process can be off putting to a grandparent desperate to see their grandchild. Once permission to apply for the Court order is granted the Court then has to decide whether contact is in the child’s best interests.
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The proposed grandparent reform
According to press reports the proposed change to the children law is to do away with the need for grandparents and other close family to have to ask the Court for permission to apply for a Court order to see their grandchild.
https://www.dailymail.co.uk/news/article-5697961/Grandparents-right-grandchildren-parents-split-new-law.html
If the law is changed then grandparents will be treated in exactly the same way as a parent asking for a Court order to see their child. The reform has long been advocated by people’s campaigner and grandmother, Esther Rantzen. If the law is reformed it will make it easier for grandparents to see their grandchildren and grandparents will have the same ‘’rights’’ as parents to apply to stay in touch with their loved ones.
For help with any aspect of children law please contact us
Louise Halford
May 09, 2018
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