Children and Family Law Solicitors in Plymouth

A Child Arrangement Order is a legal term used in the UK that details the arrangements concerning who a child is to live with and when a child is to have contact with the other parent or significant people in their life.

The court decides on a Child Arrangement Order by considering several factors, all focused on the child's best interests. These factors include the child's physical, emotional, and educational needs, the likely impact of changes in the child's circumstances, and the capabilities of each parent to meet the child's needs.

Yes, a Child Arrangement Order can be changed if both parents agree to the changes, or if one parent petitions the court to make changes. The court will again focus on what is in the best interest of the child when considering any proposed changes.

Parents, guardians, and anyone with parental responsibility can apply for a Child Arrangement Order. In some cases, others like grandparents, step-parents, or close relatives can also apply, although they may need to get permission from the court first.

If a Child Arrangement Order is breached without a reasonable excuse, it could lead to serious consequences, including fines, community service, or even imprisonment for the offending party. The court can also alter the order or impose additional conditions.

A Child Arrangement Order usually lasts until the child turns 16, although in certain circumstances it can be extended until the child turns 18.

The court takes the child's wishes and feelings into account depending on their age, maturity, and understanding. The court may ask a Child and Family Court Advisory and Support Service (CAFCASS) officer to talk to the child and report back to the court.

While it's not mandatory to have a solicitor to apply for a Child Arrangement Order, having one can be beneficial due to the complexity of child law. A solicitor can guide you through the process, help with paperwork, and represent you in court to ensure your case is presented effectively.

Parental Responsibility means the rights and responsibilities you have for your child and the things they own. This allows you to make decisions for them and be kept up to date with important information.

People who hold Parental Responsibility for a child can include the following:-

• A Mother, who has given birth to a child;

• A biological Father, who is married to the Mother or has been named on the child’s birth certificate;

• A same-sex parents who are married or in a civil partnership at the time of undergoing fertility treatment;

• Someone who has a Child Arrangements Order to confirm a child lives with them;

• Someone with a Parental Responsibility Order or Agreement;

If you share PR with your ex-partner or another person, then you must be considerate of their rights. You should make sure they are informed about any routine matters, such as dentist or doctor’s appointments. They have a right to be informed, attend or get medical information should they wish. You can use your PR to make day to day decisions for your child but on important issues, such as choice of school, you should talk to your ex-partner and try and reach agreement.

Yes, there are situations where an individual could lose Parental Responsibility (PR) for a child. This could occur under voluntary or involuntary circumstances. Here are some instances:

• Adoption Order: If an Adoption Order is granted, the natural parents' PR is typically terminated, and the adoptive parents gain full PR.

• Placement Order: A Placement Order, which allows a child to be placed with prospective adopters, can also remove PR from the biological parents.

• Court Order: In exceptional situations, a court might decide to remove PR from an individual if it's deemed to be in the child's best interest. However, this is quite rare and happens only under very specific circumstances.

• Special Guardianship Order: Under a Special Guardianship Order, a special guardian will have more authority to make decisions about the child's upbringing. While the biological parents retain their PR, their ability to exercise it is limited.

Please note that the loss of PR doesn't relieve the individual of their duty to financially support the child. Also, it's always important to seek legal advice in any situation involving potential changes in PR.

Parental Responsibility (PR) is fundamental because it defines the legal duties, powers, responsibilities, and rights that a parent has in regard to their child's life. Here's why it's so important:

• Decision-Making Authority: PR empowers parents to make vital decisions about their child's life, such as their education, health care, and religion.

• Child's Wellbeing: It supports parents in taking responsibility for the physical and emotional wellbeing of the child, ensuring they grow up in a safe, loving, and nurturing environment.

• Legal Recognition: PR provides legal recognition of the parent-child relationship, establishing clear rights and responsibilities.

• Representation: In case of legal proceedings, parents with PR can represent the child's interests.

• Everyday Life: PR includes making decisions about everyday aspects of a child's life, such as what they eat, how they spend their free time, and when they go to bed.

• Long-term Planning: It allows parents to make long-term decisions about how the child is brought up and what values they are instilled with.

Understanding and carrying out parental responsibility is crucial for the child's development, providing them with stability, and ensuring their best interests are always prioritised.

If you are planning a holiday outside of England and Wales, then you will need the permission of all people who hold Parental Responsibility for your child to travel. You should not take steps to leave the UK with your child, without gaining consent. If your ex-partner will not provide consent for the holiday, you can apply to the Court for a Specific Issue Order to ask the Court’s permission for you to travel. The same rules apply each time you want to travel unless you have a ‘Live With’ order that allows you to take a child out of England and Wales for up to a month at a time for the purposes of a holiday.

If you and your ex-partner disagree on something important concerning your child, such as which school they should attend or what medical treatment they should have, you may need to apply to Court for an Order which would allow you to take your chosen steps. If you want to take action, such as changing your child’s school, then you should consider a Specific Issue Order which is an Order allowing a specific action. If you wish to prevent your ex-partner taking action, such as leaving the UK with your child, then you may consider applying for a Prohibited Steps Order. If granted, this would stop your ex-partner for taking the disputed steps. Agreement is always encouraged by the Court, and it is important to try and agree matters if you can.