Children

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

Children law encompasses a wide area of laws and principles which are largely governed by the Children Act 1989. At BBS Law, we can assist you in all of your private children law matters ranging from (but not limited to) child arrangements to relocation to 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 minded 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 advice but also practical advice.

Frequently Asked Questions

What is a common child arrangement order?

A child arrangements order is an order setting out the arrangements for a child and can be as flexible/vague or specific/detailed as required. There are different types of order that can be made and we can discuss with your options and what arrangement may be suitable for your family.

I have agreed 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 it 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.

Who pays child support?

Child Maintenance is governed by the Child Maintenance Service. It is the Non resident parent (NRP) who is liable to pay to the Resident parent Child Maintenance. This is calculated depending on the NRP’s earnings, number of children and number of nights away they are from the NRP.

Can My Partner Stop Me Having Access To My Children?

Your partner cannot legally stop you from having access to your children unless you have a genuine concern that continued access will be detrimental to their welfare, In such instances, it would be necessary to apply to the Court for a Prohibited Steps Order Please seek legal advice before taking such steps.

My Child’s Mother will not allow me to take the children on holiday? Can she stop me?

This would depend on the destination and other factors such as whether there are in existence 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.

Can I move away with a child away from the other parent?

You cannot relocate your child without written permission from every person with parental responsibility (PR) and if that cannot be obtained you will need to make an application to the court for permission. You can either relocate your child domestically or internationally and we can guide you through the process.

What is the reason for a specific issue order?

A specific issue order is obtained when you require an order giving a direction for a specific question to be determined or directed in connection to an element of parental responsibility. E.g., if there is a dispute about which school you would like your child to attend.

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.

Our Family Partner

We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.

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Graeme Fraser Partner

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For proactive, bespoke, commercial solutions, contact us to discuss your needs.

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I worked with Graeme Fraser during the processing of my divorce filings. I found Graeme a measured person with wise counsel. I thoroughly recommend him to anyone faced with navigating what is for many a difficult and fraught journey. He handles difficult conversations with care and sensitivity and an appropriate amount of humor.

Peter

Needing a lawyer in a different country was a bit overwhelming living in the US. Graeme Fraser and Gemma Barnhurst were lovely to work with. They 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.