Our Family team can help you with all aspects of children’s law. Our solicitors ensure that your child’s welfare is the priority in any case of divorce, separation or any situation a child needs protection.
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Children Law
Trust in us at BBS Law to help you and your family reach a harmonious resolution with our childrens solicitors always putting your children’s safety and happiness at the forefront of every decision.
What Is the Children Act 1989?
The Children’s Right Act of 1989 deals with a range of laws and principles which are largely governed by the Schedule 1 Children Act 1989.
The Schedule 1 of the Children Act 1989 deals with the financial provision for children, focusing on the parents responsibility to provide financially for their children – this is highlighted for parents that are separated.
This may include the likes of child maintenance issues, essentially ensuring that children’s financial requirements are met no matter the state of the parental relationship.
The Children Act of 1989 covers a range of factors, all that attribute to the wellbeing of children and the responsibility of the parent during childhood.
Children Law Solicitor Services
Children Law covers a huge amount of legal ground, it requires the assistance of a competent and experienced legal professional that can fight your corner if necessary and most importantly, help you understand what your rights are as a parent/guardian for child arrangements.
At the forefront of everything that we do, is children. We aim to keep them safe, happy and the parents protected, understanding and ensuring that they’re being treated fairly.
Some of the most common Children Law services may include, but aren’t limited to:
- Child Arrangement Order
- Parental Responsibility Agreements/Orders
- Child Protection Proceedings
- Special Guardianship Orders
- Adoption Proceedings
- Financial Provision for Children
- International Child Abduction
- Dispute Resolution/Mediation
- Children in Care Proceedings
For any legal guidance and assistance relating to your children, get in touch to find out how we can help.
Reasons to Deny Overnight Visitation (UK)
Before anything, the primary reason to deny overnight visitation is if the child’s safety or wellbeing is at risk.
The child’s best interests need to be at the forefront of every decision, thus, if there is the slightest evidence that suggests that the child’s safety isn’t in competent hands it is imperative to take appropriate action.
There may also be reason to deny overnight visitation if there are typical child contact arrangements that don’t adhere to the child’s best interests.
For example, if it is decided within child contact arrangements that primary residence is in one parent’s home and the schedule of visitation is to be decided by them, and the other parent has requested overnight visitation on a non-scheduled day, then it could warrant denial of overnight visitation.
From a custody agreement to a complex contact order, there are many factors that can influence the decision making for overnight visitation. If you’re struggling to understand what your rights are and how you may want to implement a necessary child residence order or other similar agreements so that you have the appropriate control for the best outcome for the child, get in touch to find out your options.
Child Support: Who Pays?
Child Maintenance is governed by the Child Maintenance Service which is a government service helping parents to make financial arrangements for their children’s upbringing if they live apart.
It was established to ensure that children receive the financial support they need from both parents, regardless of whether the parents are together or separated.
They help parents calculate Child Maintenance, which is the amount in which the non-residential parent (the parent who does not have primary care of the child) should pay based on their income and other mitigating factors.
When this is calculated, it is the Non Resident Parent (NRP) who is liable to pay to the Resident Parent Child Maintenance.
What Limitations Can Be Posed for Parents?
The legal outline that comes along with The Children Act 1989 means that there are varying limitations that can be introduced for one parent or guardian based on the grounds that it is for the best interests of the child.
Some of the more common legal issues that may present limitations for one party could include, but aren’t limited to:
- Prohibited Steps Order: This prohibits a parent/guardian from taking certain actions regarding their child without the court’s permission, there are chances of prohibited steps order if there is proof that the child’s safety is at risk with one parent/guardian.
- Shared Care Order: This is a court order that specifies that the child’s time will be split between the two parents’ homes, while arguably limiting for specific periods, it is also a fair way of building relationships with both parents.
- Specific Issue Order: This allows the court to make a decision on a matter concerning the child’s welfare when parents or guardians cannot reach an agreement themselves.
- Child Relocation: This is incredibly complex, it may include court proceedings and or family mediation to come to a fair, unanimous decision on the child’s location with an array of mitigating factors that are applicable to the decision making.
Our Role in Child-Centred Family Law Support
At BBS Law, we understand that finding a solution throughout family law issues involving children can be overwhelming. That is why our team of experienced child solicitors and children’s solicitors is committed to providing sensitive, clear, and thorough support that keeps the child’s welfare at the forefront.
We ensure that the legal implications are always in the best interests of the child, we can thoroughly explain options to the parents and reassure them that any recommendations are for the best possible outcome.
In all matters, from establishing a child arrangements order to addressing child relocation concerns, we ensure that our approach is guided by the best interests of the child, in line with the Children Act 1989.
Our Child-Centred Approach on Legal Arrangements
When determining child arrangements, including child residence orders, contact orders, and custody agreements, we offer personalised advice that reflects each family’s unique situation.
For separated or divorcing parents, our solicitors assist with creating typical child contact arrangements that prioritise stability and continuity for the child.
We also help clients understand the Schedule 1 Children Act provisions, which emphasise financial responsibility and support for children, even when parents live separately.
Where there are disagreements, we may recommend a specific issue order to help the court decide on particular matters affecting the child’s welfare, such as schooling or healthcare.
In situations where one parent may pose a risk, there may be chances of a prohibited steps order to restrict certain actions that may jeopardise the child’s wellbeing.
Understanding Visitation Rights as a Parent
One of the challenging aspects of family law can be determining visitation rights, particularly when assessing reasons to deny overnight visitation in the UK.
If there is a risk to the child’s welfare, we work to ensure that appropriate safeguards are in place, advocating for solutions that align with the child’s safety and best interests.
Where suitable, shared care orders and contact orders can help maintain healthy relationships with both parents in a way that supports the child’s emotional stability.
Legal Support Options and Accessibility
We recognise that legal fees can be a concern for many families, especially during times of family stress. In cases involving child arrangements and other matters under section 10 of the Children Act 1989, certain clients may be eligible for financial assistance or legal aid. BBS Law is dedicated to making our services as accessible as possible and can advise on your eligibility for such support.
With an unwavering commitment to a child-centred approach, our team at BBS Law is here to provide skilled, compassionate guidance on all aspects of children’s legal matters. Whether through a child arrangements order, specific issue order, or advice on child relocation, we stand ready to support you and ensure that every legal decision aligns with your child’s welfare.
Funding for children’s solicitors fees
Children’s solicitors come with a price, but there are options available in the UK that can support these.
The UK Government outlines the help available for those who are in the midst of a family law case, but there are eligibility requirements that are as follows:
- Protecting yourself or your child from abuse or harassment, for example domestic violence or forced marriage
- Needing advice on finances, children or divorce if you’ve been in an abusive relationship
- A child in your family being at risk of being taken into care
- Family mediation, for example if you’re separating or getting a divorce
Each and every case is different and there are strict eligibility requirements that could determine how much help you can get but you can refer to the UK Gov website and contact details for more information on the kind of assistance available for children’s solicitors fees.
Why Choose BBS Law for Child Solicitors
At BBS Law, we can assist you in all of your private children law matters ranging from child arrangements to relocation and including specific issues to financial provision for children.
When making any decision relating to a child, the court must consider a variety of factors, known as the welfare checklist to help them come to a decision.
At all times, they are to adhere to the child’s welfare first and above all else.
Our knowledgeable family solicitors have a breadth of experience in all areas of children law and will be able to assist you with bespoke legal advice to suit your family needs, you can rest assured that you will receive both accurate legal and practical advice.
Get in touch today and read more in our FAQS for further advice and guidance.
Frequently Asked Questions
I have agreed to the child arrangements with my spouse, do I need to go to court?
At BBS Law, we would encourage parents to come to an agreement outside the court process if possible as this ultimately is a better outcome for the children if conflict can be reduced between the parents. The Court will not get involved unless you require it to do so. If you wish to formalise an agreement, we can assist you in drafting a parenting plan or parenting agreement which formalises the arrangement without the need to go to court.
My Child’s Mother/Father will not allow me to take the children on holiday, can they stop me?
This would depend on the destination and other factors such as whether there is the existence of any orders. In most cases you will be permitted to take the children on holiday as consent cannot be unreasonably withheld. However, please seek legal advice before you do so, because removing a child out of the jurisdiction without permission can in certain circumstances be classified as child abduction which is a criminal offence.
When would a prohibited steps order be granted?
A prohibited steps order prevents someone (usually a parent) from exercising some elements of their parental responsibility.
Examples of when you may need to obtain this order include preventing removal of a child from the jurisdiction, or changing a child’s name, schooling or religion.
What is the Children Act 1989 Section 10?
The Children Act 1989 Section 10 relates to the concept of parental responsibility and outlines how it is acquired, who has it, and how it can be changed to another being.
It ultimately establishes that parental responsibility means all the rights, duties, powers, responsibilities, and authority that a parent of a child has concerning the child and their property by law. It covers all bases, including the law regarding the father not being married to the mother and the complexities of remarrying after the child is born.
In order to understand how this Act could affect you and your children, get in touch with our team of children’s solicitors today.
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Needing a lawyer in a different country was a bit overwhelming living in the US. Gemma Barnhurst was lovely to work with. She put me at ease and provided good counsel. I am glad I was referred to BBS Law by a friend and would recommend them to anyone else needing similar services.
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Family Case Studies
Urgent Application for a Prohibited Steps Order
BBS Law represented a father who has sole care of the parties’ two-year-old son. The mother had returned to Taiwan, her home country and did not have consistent contact with the child. Given the father was in possession of the…
