Children Law

As a specialist children lawyer I find that one of the common reasons for contact breaking down is the ‘’third party’’. It is a hot topic of discussion as it is difficult to raise and agree on how and when to introduce children to a new partner following a separation or a divorce. When there are children involved the new partner doesn’t have to be the cause of the divorce or even to have done anything ‘’wrong’’ for contact and family relationships to become problematic when a new relationship starts. I am often asked for advice from parents who have been split up many months or years but they or their ex-partner are now struggling with the concept of someone else having a step-parent type role in their child’s life. Family dynamics and emotions can get more fraught when the new partner comes with their own child or children so there isn’t just a new adult relationship for the child to adjust to but a new part time sibling as well. I either advise parents who are opposed to the introduction of a new partner or parents who are in a new relationship but feel blackmailed by threats that they won't be able to continue see their child if they let the child meet their new partner. In my experience listening to what isn’t being said aloud and the timing of any introductions are often the keys to sorting out what is a communication problem. The introduction of a new partner normally doesn’t generate a concern that the adult poses a risk to the child but does create a fear of change and trepidation about entering into unchartered parenting territory. When I am helping resolve parenting arrangements on separation I mention the hot topics and the ‘‘what ifs’’, such as introducing new partners. Many parents can’t, at that stage in their separation or divorce, contemplate introducing someone new into their child’s life. However as their solicitor I probably won't hear from them unless a problem crops up such as a dispute over the choice of the child’s school or if there is a new partner on the scene that they or the other parent has issues with. Early advice on tricky children topics can often avoid future Court proceedings. When a couple are splitting up and agreeing on parenting arrangements it is a good idea to draw up some ground rules on future communication, such as coordination on gift buying and addressing the principle of talking about new partners. Unless there is a clear channel of communication things can quickly go wrong at a later date. I can't count the number of times that an upset parent has sought legal advice after a child has told their mum or dad that they had a fantastic time at the weekend with the ex’s new partner and that he or she is going to be their new third parent. Equally common are the occasions that a parent finds out about the ex’s new relationship from pictures of their child and the new partner posted on social media. Many parents assume that after a separation or divorce they are free to do their own thing with their child when the child is with them. That is legally correct and it is up to a parent to decide if their child meets up with a grandparent, aunt or a new friend during their parenting time. In much the same way parents can make decisions about a child’s diet or bedtime during contact visits. Most parents would accept that it makes sense for there to be consistency between households over parenting routines. However, parents are often a bit reluctant to talk to their ex about a new relationship. Ideally parents will discuss introductions to new partners and agree on how things should develop at the pace of the child, involving the ex as he or she needs the respect and the communication to be able to co-parent. Sadly some parents can't agree on whether a child should meet a new partner, perhaps because: they think it is too soon after the separation or; there has already been a series of short term partners and there is a concern about stability or; they haven’t come to terms with the separation or; they have genuine worries from what they have heard from their child. If parents can't reach an agreement about the timing of introductions or if contact is stopped as a result of a new partner being introduced then a Court application can be made. A Court application is very much a last resort. That is why I try to introduce the parenting hot topics such as the future introduction of a new partner to children or the equally emotionally fraught issue of school choice early so parents are able to think about how they can communicate with one another and reach an agreement. For advice on any aspect of children law please contact us. [related_posts]

Esther Rantzen is fortunate enough to have a brood of grandchildren and in August 2017 she welcomed the birth of twin granddaughters. Writing in the Daily Mail she has highlighted the plight of grandparents who are estranged from their grandchildren https://www.dailymail.co.uk/femail/article-4838198/Loving-grannies-frozen-daughters-law.html. As a children's lawyer, I regularly help both parents and grandparents and so hear both sides of the story, from either the parent or grandparent perspective depending on who is instructing me.  No one story is the same but whether the story is told by a parent or grandparent it is always heart rendering to think that, for whatever reason good or bad, that a child is not able to develop a relationship with his or her grandparent. I always feel for estranged grandparents during the long summer school holiday when you see lots of grandparents out and about with their grandchildren or together on family holidays. In many cases lack of contact is down to grandparents being cut out of lives after a divorce. Often, prior to the divorce, the grandparents were providing a lot of the childcare and so it is all the harder for them and the grandchild to come to terms with the estrangement. [related_posts] Many situations of grandparent alienation occur after a parental separation and cases of estrangement could be reduced if families were able to communicate better in the aftermath of a divorce. That is really hard to do so as often the inclination is to take sides on behalf of a son or daughter or grandparents are wrongly thought to do so by their in-law by the grandparent offering their son or daughter an ear to listen to or temporary accommodation in the spare room. Family mediation can be a good option to help both parents and extended family communicate. If mediation doesn't work then Court proceedings can be started by grandparents and although, as reported in the article by Esther Rantzen, grandparents don't have automatic rights Courts look at what is in a child's best interests and so normally consider, unless there is a good reason to the contrary, that children should have a relationship with their extended family. For advice on any aspect of children law please contact us.

Mr Justice Keehan sitting in the High Court of Justice Family Division delivered his judgment in the case of B v C [2016] EWHC 1586 (Fam) on 18 March 2016. This case concerned an application by a mother (“B”) to relocate with her child (“A”) out of the jurisdiction to Israel and a competing application by the father (“C”) for a Child Arrangements Order regularising his contact with A. The father collected A after nursery every Thursday and returned A to nursery on Monday mornings. The father sought a child arrangements order confirming the time he spent with A. The mother sought to relocate to Israel where her father was terminally ill to help her mother care for him and also her fiancé wished to return to Israel. In the alternative, she sought to reduce the father's contact. The father sought to remain in England and did not wish his contact with A to be reduced. There was ongoing considerable hostility between the parents who since separation had been engaged in continuous court proceedings with orders made at significant financial cost to them both. The Judge was satisfied that it would be in A’s welfare best interests to grant the mother’s application to relocate with A to live in Israel. The Judge found that both parents loved A and were capable of looking after him. Both parents were connected to Israel and had family there. The mother’s relocation out of the jurisdiction would relieve her of the stress and pressures of the consistently hostile relationship with the father as he would remain in the jurisdiction. The amount of contact between the father and A would be reduced but he would have quality contact during the holidays. Please see the attached judgement of Mr Justice Keehan. B v C [2016] EWHC 1586 (Fam) To discuss this case, please email Louise Halford louise@evolvefamilylaw.co.uk        

In this blog, children and child abduction solicitor, Louise Halford, looks at what habitual residence means and why it is important in children law proceedings, and in applications for child arrangement orders and disputes over parental child abduction. For expert child abduction and children law advice call our team of specialist divorce lawyers or complete our online enquiry form. Why is your child’s habitual residence important? For international families the legal concept of habitual residence in children law is important. If your child is classed as habitually resident in England, then the court in England and Wales will have the jurisdiction to decide where your child should live, who they should have contact with and whether they can live overseas. A child’s habitual residence can be complicated because a child can be habitually resident in the UK even though the child is not a British citizen and nor are their parents. If your family is in the UK on a work visa or family visa or dependant visa, your child may be habitually resident in England. If you are planning to leave the UK with your child it is best to speak to a children law solicitor to see if your child may be habitually resident in the UK and to understand the steps you need to take to legally take your child out of the UK. If your child is habitually resident, and you don’t follow the correct steps and procedures before leaving the UK with your child, then you could be committing a child abduction offence. The English court could order that your child is returned to England so the English court can decide on where your child should live. What does habitual residence mean? Put simply, habitual residence means where you normally live. A child can be habitually resident in a country even though the child’s parents don’t live in that country. Habitual residence does not have anything to do with your nationality as you don’t need to be a British citizen or have indefinite leave to remain to be habitually resident in the UK. It is a question of fact. When assessing if a child is habitually resident in England, a child abduction solicitor or children court will look at how integrated the child is. For example, does the child go to school in the UK? Is the child enrolled at sports or other leisure groups in the UK? [related_posts] What happens if my child is habitually resident in England? If your child is habitually resident in England then the English court has jurisdiction to decide where your child should live if there is a dispute with the other parent. Under English law you can't take a child to live overseas without the agreement of the other parent and the consent of anyone else who has parental responsibility for the child. If you can't get written permission you can apply to court for a relocation order. If you leave the UK without a relocation order or written consent then you could be accused of parental child abduction and your child could be made the subject of a return order. The law may seem bizarre to some parents, especially when you are intending to return to a home country or a country where you have strong family or other ties. However, children law solicitors recommend that you get legal advice on the meaning of habitual residence and how the legal concept may affect you and your family and the children law order solutions available to you so you can go ahead with your plans to leave the UK with your child. For expert child abduction and children law advice call our team of specialist divorce lawyers or complete our online enquiry form.