HOW THE COURT WILL DEAL WITH A DISPUTE
The procedure for a dispute under the Children Act is simple but the law is not. The overriding consideration is the welfare and best interests of the child. The court will also consider other factors such as the age and background of the child and whether the child is at risk of any harm. The check-list is too long to examine in detail but at the very top of it is the child's own wishes.
A child old enough to express his or her wishes accurately will be listened to but younger children may not be capable of saying, or even knowing what they want. It is not at all unusual for a child to want to tell both parents what they want to hear. "I love you Daddy. I wish I could live with you" could be the child's way of trying to reassure the father that he may be gone but that he is not forgotten. It could equally well mean "Mummy won't let me stay up to watch TV and won't buy me the latest Play Station game so I want to stay with you and get those things". Already the issue of what the child wants is getting complicated.
The child will not be brought to court to give evidence. That would not be in its best interests. Instead, at the first hearing of the application (whatever it might be for) the Judge's directions will include an order appointing a Catcass Officer to prepare a report for the court setting out what is best for the child. The Catcass Officer will carry out investigations and interviews with both parents individually, the child on its own, if old enough, and the child with both parents. The Catcass Officer will then prepare a report which will recommend what is suitable.
31 August 2012
30 August 2012
Divorce - Disputes over Children
WHAT TO DO IN THE EVENT OF A DISAGREEMENT OVER THE CHILDREN
If you are a parent involved in a divorce or other relationship breakdown there are steps that you can take to protect your, and your children's position.
Try to avoid getting into arguments about the children. Certainly, do not try to use them as a lever to obtain a better financial settlement and do not involve them in your difficulties within the relationship. Think about what is best for them. You may well want them to live with you but are you able to look after them properly? Do you have a lifestyle, job and income, which allows you to be there when you are needed? Are you really thinking about the children or are you thinking about what you want (or what your former partner does not want)? Think everything through carefully before you adopt a position. If you are reasonable in what you think should happen you might find that things fall into place fairly easily and that no legal proceedings are necessary.
If that does not work, think about counselling or mediation and make enquiries about what services are available in your area. Find out if there are charges for mediation and whether public funding/legal aid is likely to cover these. If you can arrange mediation without lawyers becoming involved try to do so. The mediator is not there to make an order or to impose a decision on you. Instead, the process of aimed at finding common ground, the real problem and a solution, which you can either accept or reject.
If none of this works or if you need a lawyer to advise in more detail and to assist in mediation or act in a court application consult Seatons Solicitors.
If you are a parent involved in a divorce or other relationship breakdown there are steps that you can take to protect your, and your children's position.
Try to avoid getting into arguments about the children. Certainly, do not try to use them as a lever to obtain a better financial settlement and do not involve them in your difficulties within the relationship. Think about what is best for them. You may well want them to live with you but are you able to look after them properly? Do you have a lifestyle, job and income, which allows you to be there when you are needed? Are you really thinking about the children or are you thinking about what you want (or what your former partner does not want)? Think everything through carefully before you adopt a position. If you are reasonable in what you think should happen you might find that things fall into place fairly easily and that no legal proceedings are necessary.
If that does not work, think about counselling or mediation and make enquiries about what services are available in your area. Find out if there are charges for mediation and whether public funding/legal aid is likely to cover these. If you can arrange mediation without lawyers becoming involved try to do so. The mediator is not there to make an order or to impose a decision on you. Instead, the process of aimed at finding common ground, the real problem and a solution, which you can either accept or reject.
If none of this works or if you need a lawyer to advise in more detail and to assist in mediation or act in a court application consult Seatons Solicitors.
29 August 2012
Children and Divorce - 3
PROHIBITED STEPS ORDERS
These were introduced by the Act and are, in effect, an injunction to stop a parent from doing anything that is considered not to be in the child's best interests. A non-residential parent with parental responsibility could, for example, apply for such an order if the residential parent was not acting in the child's best interests or making decisions about the child's education/religious upbringing or holidays that was not agreed by the other parent/guardian. It can make such an order if the parent was intending to remove the child from the other parents care, or even out of the country.
SPECIFIC ISSUE ORDER
The court can be asked to make decisions regarding the child's upbringing, if the parents/guardians cannot agree, such as the child's education, religious upbringing, medical treatments and holidays.
WHEN WILL THE ORDERS BE MADE AND HOW?
The answer is, hopefully, never. The primary consideration in any matter concerning children is the best interests of the child. It has been recognised that the child's best interest are not served by having court orders relating to them however amicably the parents have applied. Therefore, the Act stresses the "non intervention principle". If no order is necessary, none will be made.
It is for that reason that, in a divorce, the Judge will consider the Statement of Arrangements for the Children. If the Judge is satisfied that the arrangements are reasonable a certificate will be issued with the certificate of entitlement to a decree absolute of divorce. The certificate simply confirms that the Judge does not believe that any order is necessary.
If there is a dispute over the children, the parent who wants an order must apply for it in separate proceedings and the court will give directions about what is to be done to bring the application to a final hearing.
These were introduced by the Act and are, in effect, an injunction to stop a parent from doing anything that is considered not to be in the child's best interests. A non-residential parent with parental responsibility could, for example, apply for such an order if the residential parent was not acting in the child's best interests or making decisions about the child's education/religious upbringing or holidays that was not agreed by the other parent/guardian. It can make such an order if the parent was intending to remove the child from the other parents care, or even out of the country.
SPECIFIC ISSUE ORDER
The court can be asked to make decisions regarding the child's upbringing, if the parents/guardians cannot agree, such as the child's education, religious upbringing, medical treatments and holidays.
WHEN WILL THE ORDERS BE MADE AND HOW?
The answer is, hopefully, never. The primary consideration in any matter concerning children is the best interests of the child. It has been recognised that the child's best interest are not served by having court orders relating to them however amicably the parents have applied. Therefore, the Act stresses the "non intervention principle". If no order is necessary, none will be made.
It is for that reason that, in a divorce, the Judge will consider the Statement of Arrangements for the Children. If the Judge is satisfied that the arrangements are reasonable a certificate will be issued with the certificate of entitlement to a decree absolute of divorce. The certificate simply confirms that the Judge does not believe that any order is necessary.
If there is a dispute over the children, the parent who wants an order must apply for it in separate proceedings and the court will give directions about what is to be done to bring the application to a final hearing.
28 August 2012
Seatons Resources and Links - 6
Funerals
The Funeral Ombudsman Scheme site
Insurance
The Insurance Ombudsman Bureau site
Local Government
The Local Government Ombudsman site
Estate Agents
The Ombudsman for Estate Agents site
Pensions
The Pensions Ombudsman site
Police Complaints
The Police Complaints Authority site
Land Registry
The Land Registry site
Planning Information
Planning Information site
Solicitors Northamptonshire
Seaton's Solicitors
27 August 2012
Preserve Your Finances and Assets Today
Take The First Step To Preserve Your Finances & Assets Today!
Our NO obligation free consultation will help you to decide where to from here. Don't put things off until it's too late. We provide a free initial consultation where you can decide whether to take further action. Should you decide to take up our services we will help you:
• Protect your property, savings and other assets for the future.
• Provide you with legal and ethical ways to block local authority claims for long term care fees.
• Save you thousands of pounds (by spending only a few hundred pounds) and protecting your assets from being assessed and confiscated to pay for care charges.
• With options to spend your way out of paying long term care fees, showing you exactly what you should buy and when you should buy it.
Don't risk losing what is rightfully yours by waiting until it is too late to shield and protect your assets.
Take Action Now!
Ring us today on 01536 276300 and book an appointment to discuss what we can do for you.
26 August 2012
Children and Divorce - 2
RESIDENCE ORDERS
These are the equivalent of the old orders for care and control, often referred to as custody orders. The new name is again self explanatory. It states who the child will live with and who has day-to-day care and control of the child. It is usually made in favour of one parent but can be granted to another family member or more than one person. If granted to more than one person this would be a Joint Residence Order. In this case it is likely that both parents/and or guardian are able to co-operate over the child's upbringing. A Residence Order automatically grants that person Parental Responsibility, if they did not already have this.
CONTACT ORDERS
These are the equivalent of access orders. They allow the non-residential parent to see the child. In fact contact is the right of the child and not of the parent but because, in cases of difficulty, it is the parent who applies for it, the formality is often overlooked (except by the courts)
Contact can take many forms:
Staying contact involves the child staying with the non-residential parent for short breaks at weekends or even longer periods of holiday.
Visiting contact involves seeing the child for the day either at home or on a trip out
Indirect contact is sometimes required if there are concerns over whether it is safe or appropriate for the child to be alone with the parent. It may also be appropriate where there has been a long period of separation and the child has grown apart from the non-residential parent.
Supervised contact, indirect contact or limited visiting contact may be helpful to allow the relationship to recover and, after a period of time, may lead to something a little more extensive, and hopefully unsupervised contact.
These are the equivalent of the old orders for care and control, often referred to as custody orders. The new name is again self explanatory. It states who the child will live with and who has day-to-day care and control of the child. It is usually made in favour of one parent but can be granted to another family member or more than one person. If granted to more than one person this would be a Joint Residence Order. In this case it is likely that both parents/and or guardian are able to co-operate over the child's upbringing. A Residence Order automatically grants that person Parental Responsibility, if they did not already have this.
CONTACT ORDERS
These are the equivalent of access orders. They allow the non-residential parent to see the child. In fact contact is the right of the child and not of the parent but because, in cases of difficulty, it is the parent who applies for it, the formality is often overlooked (except by the courts)
Contact can take many forms:
Staying contact involves the child staying with the non-residential parent for short breaks at weekends or even longer periods of holiday.
Visiting contact involves seeing the child for the day either at home or on a trip out
Indirect contact is sometimes required if there are concerns over whether it is safe or appropriate for the child to be alone with the parent. It may also be appropriate where there has been a long period of separation and the child has grown apart from the non-residential parent.
Supervised contact, indirect contact or limited visiting contact may be helpful to allow the relationship to recover and, after a period of time, may lead to something a little more extensive, and hopefully unsupervised contact.
25 August 2012
Marriage Guidance and Family Law
To be eligible to marry a person must:
• Be unmarried
• Be aged over 18 or if between 16 and 18 must have parental consent
• Not be closely related to their future spouse
• Agree to the marriage
CIVIL PROCEDURES
The procedures and regulations are fairly complicated. We do not propose to go into detail here but please let us know if you require more information.
LEGAL EFFECTS OF MARRIAGE
Being married creates the legal status of being "married" on both parties.
Certain rights and duties arise from this.
These include:
• Duty to live together
• Fidelity
• To have voluntary Sexual Relations
• Duty to Maintain
• Common Surname
VOID MARRIAGES
A marriage can be voidable if it originally complied with the legal formalities but certain unusual circumstances have taken place. These include the following:
• The marriage has not been consummated
• Either party did not understand the nature of the marriage ceremony
• Either party was of unsound mind
• Either party had VD
• Be unmarried
• Be aged over 18 or if between 16 and 18 must have parental consent
• Not be closely related to their future spouse
• Agree to the marriage
CIVIL PROCEDURES
The procedures and regulations are fairly complicated. We do not propose to go into detail here but please let us know if you require more information.
LEGAL EFFECTS OF MARRIAGE
Being married creates the legal status of being "married" on both parties.
Certain rights and duties arise from this.
These include:
• Duty to live together
• Fidelity
• To have voluntary Sexual Relations
• Duty to Maintain
• Common Surname
VOID MARRIAGES
A marriage can be voidable if it originally complied with the legal formalities but certain unusual circumstances have taken place. These include the following:
• The marriage has not been consummated
• Either party did not understand the nature of the marriage ceremony
• Either party was of unsound mind
• Either party had VD
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