Child Custody & Contact

Parental alienation is a concept that has gained familiarity through divorce solicitors and child experts writing about the effect of parental alienation on the children of separated parents and on the parent who has been alienated. A recent family court case has suggested the use of the words ‘alienating behaviour‘ rather than labelling one parent as guilty of parental alienation. In this blog, our children law expert Louise Halford looks at the case and looks at how to approach child arrangement order applications involving allegations of alienating behaviour. As a specialist firm of Northwest family law solicitors, our lawyers can advise you on sorting out residence and contact arrangements after a separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form. What is alienating behaviour? Alienating behaviour or parental alienation is where one parent turns a child against the other parent without good reason. You may think that there is never a good reason to cause a child to reject a parent but some level of anxiety about a parent-child relationship may be justified where there are, for example, very real fears of domestic violence or a concern that a child will get sucked into the other parent’s lifestyle choices, such as the parent’s drug or alcohol addiction. In other families, a parent may not have created the child’s feelings of aversion towards the other parent. The child’s feelings may be down to the child’s misconception that one parent was entirely to blame for the marriage breakdown and for the sale of a much-loved family home resulting in the child needing to change schools. In classic cases of parental alienation, there is no objective justification for the alienating behaviour. One parent, through no fault of their own, is squeezed out of their child’s life. Some parents decide to fight back and apply for a child arrangement order so they can continue a relationship with their child. That’s what happened in the case of Re C ("parental alienation" instruction of expert) [2023] EWHC 345 (Fam). The judge,  Sir Andrew McFarlane, said "The identification of ‘alienating behaviour’ should be the court’s focus, rather than any quest to determine whether the label parental alienation can be applied." That approach makes perfect sense as the behaviour needs to be the focus of the court investigation rather than the label. [related_posts] The Children and Family Court Advisory and Support Service (the independent body tasked with providing reports to the court in children law proceedings for child arrangement orders, specific issue orders and prohibited steps orders) have issued guidance on the sort of behaviour a child might display if they have been alienated against one parent by the other. Whilst the guidance is helpful, it’s best to not be too focused on blaming the other parent for your child’s response to requests for contact but to examine any other reasons for your child’s reluctance to see you. For example, older children can be heavily influenced by their friends or by their social commitments and they may hate the thought of spending time with either of their ‘uncool’ parents. Alternatively, a child may be anxious about a new school or about school exams but instead, refocus their anxiety on parental contact rather than address the real reasons for how they are feeling. The impact of alienating behaviour Alienating behaviour can have a devastating impact on a child’s relationship with either their mother or father. Once a child has been alienated and turned against a parent it can be extremely hard to change a child’s mindset that one parent is bad and that the other one is good and can do no wrong. A child’s simplistic view of their parents can lead to long-term emotional and psychological damage to the child. Initially, the child may seem happier that they have cut one parent out of their life, thus reducing the other parent’s antipathy to the weekly contact handover. However, in the longer term, the child may experience feelings of guilt or even reject the parent who encouraged them to stop or limit contact with their other parent. As family lawyers, we understand that many parents don’t foresee the consequences of being openly hostile or critical of the other parent. To some parents saying what they think about their ex-partner in the presence of their child is a way of letting off steam after a difficult separation and a way of verbalising their own feelings of hurt and rejection. It can be an immense comfort to one parent when a child takes their side and is supportive. However,  the parent’s feelings of anger can be projected onto the child who in turn then rejects their other parent, thinking that their views are all their own idea but, in reality, they stem from one parent’s alienating behaviour. Any child arrangement order application involving allegations of alienating behaviour needs to be addressed with a measure of sensitivity and caution. Whilst a parent denied contact with their child wants action, and most importantly wants contact with their son or daughter, it’s best to acknowledge how essential it is to move forward at the child’s pace to repair any damage created through one parent’s alienating behaviour. Our children law solicitors can advise you on sorting out residence and contact arrangements after a difficult separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form.

After a child’s health and happiness, there is nothing more important to parents than their child’s education. Getting your child into the school of your choice can be more challenging when you are separated or divorced from the child’s other parent. For expert advice on children and family law call our team of specialist family lawyers or complete our online enquiry form. Parental disputes and schooling issues Children lawyer, Louise Halford, has helped many parents resolve where their child should be schooled, and sometimes just as importantly, who should pay the school fees. The sorts of parental disputes over education and schooling include disagreements on: Whether a child should be state or privately educated and if educated privately who should pay the fees Whether a child should be home educated by one parent Whether a child should attend a school with a religious affiliation The specific school, with issues over school catchment area and parent’s homes and the feasibility of mid-week contact visits if the school choice is some distance away combined with debates over the Ofsted rankings of potential schools Whether a child should board or be a day pupil Whether a child should have a SEND assessment and be mainstream educated or attend a specialist school to address health concerns such as a child being on the autistic spectrum or dyslexic whether a child should move to a new school, for example if a parent’s new partner’s children attend a different local state school or are being privately educated Who decides on the choice of school? Both parents have equal rights and responsibilities for their child if they share parental responsibility for their offspring. Parental Responsibility means parents have an equal say in the choice of school. If parents can’t reach an agreement after discussion or mediation then ultimately the court can decide and make a specific issue order identifying the school that the child should attend. The court decision is based on what the judge thinks is in the child’s best interests taking into account a range of statutory factors. That is why it is important that the judge knows your child’s personality and likes and dislikes as if your child is sporty and not academic that might influence the judge in deciding that a school with a focus on exam results might not be the best environment for them. When presenting an argument for a particular school pastoral care can be as important as a focus on sports or academic achievement. [related_posts] Who pays the school fees? Most parents’ fear on separation is that their child may not be able to go to the planned private school or may have to come out of private education and move into the state system. The Child Maintenance Service can’t order a parent to pay school fees as part of general child support but the court can make a school fees order to make one parent either pay or contribute towards private school fees and ‘extras’, such as uniforms, music lessons, or the annual school ski trip. The court looks at a range of factors when deciding whether or not to make a school fees order, including the affordability of private education. What next? The new school year, the graduation from nursery to primary school or from primary to secondary school may seem a long time away but all of a sudden choice of schooling will become a pressing issue. That is why separated or divorced parents need to start to talk early and do their research on suitable school options to hopefully reach an agreement on what type or specific school is in your child’s best interests. If an agreement can’t be reached then, after mediation, either parent could start court proceedings. The court will try to decide on children law applications as quickly as it can but inevitably court timetables aren’t as quick as parents ideally want. That means that it pays to think and talk early so the judge has time to make a decision on the choice of school or payment of school fees well in advance of the new school year. For expert advice on children and family law call our team of specialist family lawyers or complete our online enquiry form.

It's hard to put a price on seeing your children. It is also hard for a children law solicitor to put a price on the cost of a child contact Order or child arrangement Order. In this blog expert children law solicitor, Louise Halford, takes a look at the cost of a child contact Order. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form. Are child contact Orders worth the cost? Whether a child contact Order is worth the cost depends on who you speak to. Recently, ‘I am a celebrity’ winner and former EastEnders actor, Jo Swash, reportedly said that the money he spent in legal fees to get an Order to see his eldest son was ‘the best he’s ever spent’. We don’t think Jo Swash likes paying lawyers, it was more that he felt that it was only when his children law solicitors secured a child contact Order for him that he got to develop the sort of relationship that he wanted with his eldest son. It is undoubtedly always difficult when a couple split up and one person forms a relationship with someone who already has children or the new couple go on to have children together. The feelings of hurt can make it harder to agree contact arrangements and prompt court proceedings to secure a child arrangement Order so a parent can get to see their child. We don’t know exactly why Jo Swash and his ex-partner ended up in court or why they were not able to agree the child contact arrangements via children law solicitors or in family mediation. What children law solicitor, Louise Halford, does say is that she always tries to discourage children law court proceedings because of the cost ; to your purse and to your emotions. That may sound very odd coming from an experienced children lawyer. However, if you are able to reach a compromise and agree the contact it is normally better for both parents and the child. That is the case however much money you have available to spend on a child arrangement Order application. However, there are some situations where it is best to spend money on a child custody or contact Order, whether that is a child arrangement Order, specific issue Order or prohibited steps Order. For example: One parent is refusing to agree to any contact. A parent is alienating the child against the absent parent so the child is being turned against you. You are concerned that the child is at risk of harm (physical or emotional) by either living with or having contact with the other parent. You are worried that the child may be taken overseas to live against your wishes and that you won't get to find the child if they disappear in a country that isn’t a signatory to the Hague Convention. You may need a prohibited steps Order to prevent child abduction and to protect the child. You were in an abusive relationship and you fear that your former partner is using contact with the child as a means of seeing you and exercising control over you. Their behaviour may make you feel at physical risk or may have such an impact on your emotions that it affects your parenting. One parent is refusing to change the contact arrangements. For example, refusing to let an older child stay overnight with you or go on holiday with you and your new family. There are many other reasons why you as a parent may have no alternative other than apply to the family court for a child arrangement Order to sort out the child custody and contact arrangements but it is best to get independent and impartial children law advice before you make an application to court. The cost of a child contact Order It is difficult for any expert children law solicitor to tell you how much a child contact Order will cost you, however transparent a pricing structure they adopt. That is because in some situations the threat of starting court proceedings is sufficient to get a parent the sort of shared parenting or contact arrangements they want. In other scenarios, a parent can make allegations that the other parent isn’t expecting and firmly disputes. If those allegations go to the heart of whether a child should live with one parent or why a child should have restricted or no contact with the other parent then they need to be investigated by the court. This could involve a series of court hearings including a finding of fact hearing. At a fact finding hearing a family judge will decide if they can make a finding about an allegation. The standard of proof is lower than at a criminal hearing but a family court finding can have significant consequences for the current children law application and any future applications. After any findings have been made at a fact finding hearing the judge will then hold a separate hearing to look at what Orders are in a child’s best interests. For example, a judge might find that domestic violence occurred in the parental relationship but that the child is not at risk of domestic abuse and contact can be managed in a way that means the parents don’t come into direct contact with one another. The costs of a children law custody or contact application can't or should not be measured in purely financial terms. If there is a court hearing with both parents giving evidence it may further polarise the parents or it may create additional stress for an older child who is aware of the court application, possibly because they have been interviewed by a CAFCASS officer appointed by the court to find out the child’s wishes and assess what orders are in the child’s best interests as sometimes what a child wants (or says they want if there is an element of coaching) may not actually be best for the child. An expert children law solicitor can help you look at things from the perspective of a family judge so you have the understanding you need about child custody or contact proceedings  to decide if they are worth it to you or that you have the confidence to reach an agreement in family mediation or during solicitor negotiations. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form.

North west Children law solicitor, Louise Halford, answers your questions on childcare agreements. Whether you are recently separated or if you have been divorced for some time, if you have children with your ex-partner there is always a connection with them. It does not matter whether you are co-parenting or parallel parenting or your former partner only has overnight contact once a fortnight, a childcare agreement is still important as that way you, your ex-partner and, most importantly, your children, all know where you stand and what the parenting arrangements are. In this article our children law solicitors answer: How do we agree a childcare agreement? What happens if parents can't agree on childcare arrangements? How do you apply for a child arrangement order? Can childcare agreements be changed? How do we agree a childcare agreement? When you are feeling upset about a separation or angry because your ex-partner has not paid child support it can be really hard to put your feelings aside and think about the childcare arrangements that best meet your child’s needs. Many parents find it too difficult to reach a childcare agreement on their own. That can be for many reasons, including: You don’t know your legal rights or Your ex-partner won't compromise – it is their way or no way. Your ex-partner was always very coercive and controlling and you are frightened of upsetting them because they will just make your life more difficult. Your ex-partner says that unless you do what they want they won't pay child support or spousal maintenance or agree a financial settlement. Your ex-partner wants to move overseas with the children or to the other end of the country and you don’t know if you can say no. Your ex-partner says they have agreed things direct with the children so you don’t get a say. You are worried about child abduction and fear that your ex-partner could take the children abroad to live without your agreement. If you don’t think that you can reach a childcare agreement direct with your former husband or wife then a children law solicitor or family mediator may be able to help you sort out an agreement or advise you on applying for a court order. With children law advice you can understand the type of childcare agreement you could reach and your options, such as: Co-parenting or parallel parenting where the children spend an equal amount of time with each parent. One home basis where the children live with one parent but the children have weekly or fortnightly overnight contact with the other parent. Relocation where one parent moves overseas or to another area of the country so contact is more limited to school holidays or long weekends. Whatever type of childcare agreement you reach with your former partner it is best to record the agreement in a parenting plan. Your family solicitor can help you draw this up. What happens if parents can't agree on childcare arrangements? If you can't reach a childcare agreement with your former partner then either of you could ask a family judge to decide on the parenting arrangements. A family court can decide on whether your children should be co-parented with an equal parenting regime of shared care or if one of you should be the primary carer and the other should have contact. This type of order is called a child arrangement order. You may be able to agree the day-to-day parenting of your children but not able to agree a specific issue, such as: Whether your children should be privately educated or If your ex-partner should be able to move overseas with the children or If your child should participate in religious observances or If your ex-partner should be prohibited from getting your children vaccinated. These sorts of issues can be resolved by a court making orders such as: Specific issue orders. Prohibited steps orders. Child relocation orders. School fees orders. How do you apply for a child arrangement order? If you can't reach a childcare agreement then you may need to consider applying for a child arrangement order or other type of children law order, for example, a specific issue order. It is best to get specialist children law legal advice before you start court proceedings as a solicitor can look at your prospects of getting the type of court order you want, and if that is not likely, whether a compromise can be reached to avoid children court proceedings. In some situations, you may need to attend family mediation before you can apply for a child arrangement order. A children lawyer can tell you if you fall within the exemption to thus rule and, if not, advise you on how to get the best out of family mediation. They can make sure you know your legal rights and can provide mediation support. A children solicitor can also help you convert any agreement reached in family mediation into a child arrangement order. If family mediation doesn’t work for you then to apply for a child arrangement order you will need to file a court application setting out what court order you want and briefly explain why. During the court proceedings the judge may order that detailed statements are filed at court. The judge can also order a CAFCASS report and expert reports. Depending on the complexity of the issues, the judge could order a finding of fact hearing before the court decides on what child arrangement order to make at a subsequent welfare hearing. If you do decide to apply for a child arrangement order, Northwest children law solicitors say it is best to focus on why the order you are seeking is in your child’s best interests rather than looking at things from your point of view. Therefore, don’t say ‘it is my right to have contact’ but instead give examples of why your children benefit from contact with you. [related_posts] Can childcare agreements be changed? Childcare agreements can be changed either by parental agreement or court order. Whether you need a court order will depend on whether your former partner agrees to the change and if there is an existing child arrangement order, specific issue order or prohibited steps order. Ideally, any change in parenting arrangements should be agreed rather than you making an application to court. However, children law solicitors understand that some issues cannot be resolved by agreement where both parents are adamant that what they want is best for their child. For example, where one parent wants to move to Spain where the child’s extended family lives and where they will have a better lifestyle but the other parent objects as they won't be able to enjoy as much contact time with their child. How can a children law solicitor at Evolve Family Law help? If you need help to reach a childcare agreement after your separation or divorce or you need advice on applying for a child arrangement order or other children law order we can advise you. We are north west and Online Children Law Solicitors: For expert family law advice call us or complete our online enquiry form.

Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order. What is a child arrangements order? Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.   A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.   Does a court automatically make a child arrangements order if parent’s separate or divorce? UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order. [related_posts] How long does it take to get a child arrangements order? It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.   When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.   In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.   If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application. Our Manchester and Cheshire Children Law Solicitors At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

As well as being asked questions by fathers about whether they have parental responsibility and, if not, how they can get it we are also asked the question ’how do you remove parental responsibility from a father? In this blog we look at the topic of parental responsibility and how a father can lose it.   ​Who has parental responsibility for a child? Many parents don’t know if they have parental responsibility for their child or not so before we look at whether a father can lose parental responsibility for their child it is best to first look at who has parental responsibility and what it means to share parental responsibility.   Mothers automatically have parental responsibility for their child. That means that if the child’s father also has parental responsibility then the responsibility has to be shared. With fathers it is a bit more complicated. The law says that a father has parental responsibility for his child if: The father is married to the child’s mother The father was married to the child’s mother but they are now separated, getting divorced or divorced If the parents are unmarried and the child was born after the 1 December 2003 and the father is named on the child’s birth certificate If the parents are unmarried and the mother has agreed to the father having parental responsibility for the child and they have signed a parental responsibility agreement If the parents are unmarried and the father has successfully applied for a parental responsibility order from the family court.   What does it mean to share parental responsibility with a father? Understanding what parental responsibility means is vital before you can look at what is involved in sharing parental responsibility with your ex-partner.   Parental Responsibility is defined as the obligations and responsibilities a parent (or anyone else who has parental responsibility) has for a child. If you have parental responsibility for your child then you have: A say in major parenting decisions, such as, the choice of new school or whether your young child should follow a vegan diet or be brought up in a specific faith  The right to receive certain information, such as school reports or copy medical records The ability to consent on behalf of your child, for example, consent to medical treatment for a child who isn’t old enough to give informed consent.   How do you share parental responsibility with a father? It can be difficult to share parental responsibility for a child, particularly if: You are the one who carries out all the day to day care of the child The other parent is working but won't provide financial maintenance or child support The other parent doesn’t want to see the child or only does so infrequently at times to suit them You and the other parent have different parenting styles and approaches to parenting You had an acrimonious separation or there was domestic violence within your relationship You think that your ex is only using their parental responsibility to try and control you or to annoy you and isn’t really interested in the child and what is in their best interests.   How do you remove parental responsibility from a mother? The law says that a mother of a child can only lose parental responsibility for her child if the child is adopted. The law is different when it comes to fathers losing parental responsibility for their child.   How do you remove parental responsibility from a father? If a father is or was married to the child’s mother then he has automatic parental responsibility for the child and the mother can't apply to court to remove the father’s parental responsibility. However, the mother can apply to the family court for other orders such as a child arrangements order or a specific issue order or a prohibited steps order.   If an unmarried father has obtained parental responsibility for his child by signing a parental responsibility agreement or by a parental responsibility court order then an application can be made to court to remove his parental responsibility for his child.   The court won't stop a father’s parental responsibility for his child just because of a parental separation or because the father has moved away with work or doesn’t see his child on a regular basis or has committed a criminal offence or isn’t paying child support.   The law says that a family law judge must only terminate a father’s parental responsibility for the child if: The circumstances are exceptional and The termination of parental responsibility is thought by the judge to be in the child’s best interests. [related_posts] Applying to court to remove a father’s parental responsibility It is best to take specialist legal advice from a Cheshire children law solicitor before applying to court to remove a father’s parental responsibility because a court will only remove a father’s parental responsibility if the circumstances are exceptional. Whilst you may struggle to get an order to remove a father’s parental responsibility you may be successful in securing another type of children law order that will resolve the difficulties you are experiencing. Available orders include: A child arrangements order A specific issue order A prohibited steps order.   Although these children law orders do not remove a father’s parental responsibility for his child they can significantly limit the father’s involvement in the child’s upbringing provided that the court concludes that this type of order is best for the child. For example, a child arrangements order can stop direct contact between father and child or a prohibited steps order can stop a father attending a child’s school or nursery or an injunction order can stop the father coming to your home address.   An experienced children law solicitor will talk to you about whether a court application is in your best interests and your alternative options, such as a round table meeting or legal support during family mediation.   What behaviour by a father will terminate parental responsibility? To terminate a father’s parental responsibility for his child you will need to make a court application and the judge will assess whether the father’s behaviour is exceptional and justifies the termination of his parental responsibility as the order is in your child’s best interests.   If you are worried about how your ex is using his parental responsibility then it is best to take legal advice so that you know where you stand and whether a court application to remove parental responsibility from the father is the best way forward for you. We are Manchester and Cheshire children law solicitors For advice about children law,  parental responsibility, child custody or making a child arrangements order application call Evolve Family Law solicitors or complete our online enquiry form . We offer appointments at our offices in Holmes Chapel Cheshire and Whitefield North Manchester or we can set up a video call or telephone appointment for you.

We all know that we can't put a price on our children and their happiness but before you instruct a children and family law solicitor to go to court for a child arrangements order it is understandable that you want to know the answer to the question ‘’How much does it cost to go to court for child custody UK?’’ In this blog we look at UK child custody cases and legal fees. How much does it cost to go to court for child custody? At Evolve Family Law when a parent asks us how much it will cost to go to court for a child custody order we take a step back and ask the right questions to make sure that court proceedings are necessary as we don’t believe that there is any point in spending money on child custody legal fees if you don’t need to do so.   For example, sometimes alternative options are both cheaper and quicker than a child custody application, such as a strongly worded solicitor’s letter, legal support and family mediation or counselling. In other family scenarios, a court application for a child arrangements order may not be justified if your child is nearly sixteen or if the child custody arrangements are currently agreed but you want a child custody or contact order ‘’just in case’’.   You may question why at Evolve Family Law we won't push or encourage you to start child custody proceedings if we don’t think that is the best option for you and your child. We won't advise you to start child custody proceedings if we think there is a better or more effective solution even though we lose out in legal fees. That’s because we are committed to listening to you and to why you want to apply for child custody orders whilst at the same time being transparent about legal fees and whether we think the costs are necessary or justified.   Evolve Family Law were one of the first firms of solicitors to publish their fees online as we believe that it is important to be transparent and upfront about legal fees so you know what to expect and to help you budget for costs. The Evolve Family Law price guide can be accessed here. [related_posts] Fixed fees and child custody applications As Cheshire and North Manchester children solicitors we are often asked why fixed fees are offered for divorce proceedings or for the drafting of a financial court order as part of a divorce financial settlement but not for an application for a child arrangements order or for a child custody application.   Whilst we publish hourly rates for our specialist children lawyers and support staff, we encourage you to call us to discuss potential costs of going to court for child custody. That’s because , unlike with divorce proceedings or drafting a financial court order, there are so many variables that we need to speak to you about your planned application and family circumstances before we can give you realistic cost information.   In some situations the cost of a solicitor letter, legal support during family mediation or even going to court for a child arrangements order may be less than you might think but in other scenarios the costs may be a lot higher and the ethos at Evolve Family Law is to explain about the potential court complexities and child custody court costs from the outset.   Our children lawyers are asked what makes a child custody case complex. Here are some examples of complicated child arrangements order applications: Serious allegations of physical, emotional or sexual abuse that will require significant investigation, the potential instruction of child experts, and a series of court hearings including what is referred to as a ‘’finding of fact hearing’’ for the family law judge to determine and make findings on the allegations of abuse. There may then be a second substantive hearing , referred to as a ‘’welfare hearing’’ , for the family law judge to determine what child arrangements order should be made Family situations involving parental alienation where one parent is wholly opposed to the children having contact with the other parent or where there has been a long history of previous proceedings and failure to comply with court orders Allegations of domestic violence against a parent and the parent who is alleging that domestic abuse has taken place maintains that it isn’t safe for the children to see or live with their other parent. In some court proceedings involving serious allegations of domestic violence a judge may order a finding of fact hearing Contested jurisdiction where one parent maintains that the children are not habitually resident in the UK and the proceedings should take place overseas or where there are allegations of parental child abduction of the children to the UK Children cases where there are special circumstances such as a local authority or extended family members (such as grandparents) intervening in the court proceedings.   The list above isn’t exhaustive but just sets out some examples of how some child custody cases can be a lot more complicated and involve court appointed experts and a series of directions and substantive court hearings. In other family scenarios, you may be able to reach an agreement over child custody and contact arrangement at the first or second hearing of your court application, without the need to prepare statements, instruct experts or attend a contested court hearing. How can Evolve Family Law help? As every family is different, at Evolve Family Law we welcome calls to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointments.