Children Issues
Lyons Davidson's Family Department have specialist expertise available to assist parents in relation to difficulties involving their children, following the breakdown in a relationship/marriage.
Going through the breakdown of a relationship is an extremely difficult and emotional time. Sometimes the split is amicable, but when parents separate there are often disagreements about where a child should live or how often each parent should see the child. If it is not possible for parents to reach an agreement then either parent can apply to the Court for a variety of orders under the Children Act.
The Children Act 1989 came into force on 14th October 1991. The Act introduced the new concept of Parental Responsibility (PR), defined in S.3(1) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. All mothers automatically have PR, as do married fathers and fathers who are named as father on the child’s birth certificate after 01 December 2003. PR can be acquired by Agreement or Order of the Court.
The Children Act enables the Court to make specific orders about particular problems involving the child, which have been unable to be resolved by negotiation between the parents. The Children Act replaced the types of orders such as “custody orders” and “access orders” with four new orders known as Section 8 Orders. The Orders which the Court is able to make are as follows:-
Residence Orders
If parents are separating or divorcing and are unable to agree where the child should live, the Court can make a Residence Order saying where the child should live. Where the child spends a significant amiunt of time with both parents the Court may make a Shared Residence Order.
Contact Orders
If parents cannot agree an arrangement for their child to share time between them, then the Court can decide whether to make a Contact Order. This may require the parent with whom the child is to living to allow the child to have contact, such as telephone calls, visits and overnight stays.
Prohibited Steps Orders
If one parent objects to something which the other is doing regarding the child, then he or she can apply to the court for a Prohibited Steps Order. If granted, this will stop the other parent from taking the action outlined in the order without obtaining the Court's permission first.
Specific Issue Order
If a parent disagrees about a specific aspect of their child's upbringing, for example which school the child should go to, the Court is able to give consideration to this and make a Specific Issue Order.
If you require any advice or assistance relating to difficulties involving children, following the breakdown in your relationship, please contact the Family Department at Lyons Davidson, who will be happy to help.
For further information please contact: Iona Phillips, Hannah Perry or Bernice Mumford