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Children Family Law

Gary Jacobs & Co Ltd can provide you with advice and assistance on a range of Child family matters;

Parental Responsibility

A mother always has parental responsibility for her child. A father has parental responsibility if;

  • He is married to the child’s mother when the child is born
  • He marries the child’s mother
  • His child was born after 1st December 2003 and he is named on the birth certificate at time of registering the birth
  • His child’s birth was registered before the 1st December 2003 and was not originally registered on the birth certificate but the birth is re-registered to include his name with the mother’s consent
  • He has a parental responsibility agreement with the mother
  • He has a parental responsibility order from the court
  • He has a residence order from the court
  • He becomes the child’s guardian

At Gary Jacobs & Co Ltd, we will be able to negotiate with mother to obtain by way of agreement, alternatively by making application to the court.

Residence

Residence, formerly referred to as Custody. Following the breakdown of a relationship and when parents are unable to agree a child’s living arrangements, a residence order may be applied for by either parent to confirm the position. A residence order is a sealed document by the court.

When making a decision in respect of Residence, the child’s welfare will be the courts paramount consideration. The court will have particular regard to the following;

  • The child’s wishes and feelings, considered in the light of his/her age and understanding
  • Their physical, emotional and educations needs
  • Their age, sex, background and any characteristics which the court considers relevant
  • The likely effect of any change in the child’s circumstances
  • Any harm which the child has suffered or is at risk of suffering
  • How capable each parent is of meeting the child’s needs

An independent CAFCASS Officer may be asked to prepared a report to help the court decision. Gary Jacobs & Co Ltd will be able to advise and assist you on all residence issues.

Contact

Contact, formerly referred to as “Access”. Following the breakdown of a relationship and when parents are unable to agree contact arrangements with the absent parent, a contact order may be applied for by the absent parent. A contact order is a sealed document by the court.

When making a decision in respect of Contact, the child’s welfare will be the courts paramount consideration. The court will have particular regard to the following;

  • The child’s wishes and feelings, considered in the light of his/her age and understanding
  • Their physical, emotional and educations needs
  • Their age, sex, background and any characteristics which the court considers relevant
  • The likely effect of any change in the child’s circumstances
  • Any harm which the child has suffered or is at risk of suffering
  • How capable each parent is of meeting the child’s needs

Legal Aid may be available subject to assessment. Gary Jacobs & Co Ltd will be able to advise and assist you on all contact issues.

Specific Issue

When parents are unable to make a joint decision regarding a specific matter regarding the child, for example a change of name or taking a child on holiday, moving home or education, a parent can seek an order from the court dealing with that specific issue.

Gary Jacobs & Co Ltd will be able to advise and assist you

Special Guardianship

A Special Guardianship Order provides a legally secure foundation for building a permanent relationship between a child and their special guardian, while preserving the legal link between the child and their birth family.

The making of a Special Guardianship Order gives the person in who’s favour the order is made, overriding parental responsibility. This can be an alternative to adoption.

The Adoption and Children Act 2002 provides the legal framework for special guardianship under the Children Act 1989. The Act provides:

  • Who may apply for special guardianship order
  • The circumstances in which special guardianship order may be made
  • The nature and effect of special guardianship orders
  • Support services for those affected by special guardianship

A court may make a Special Guardianship Order in respect of a child on the application of:

  • Any guardian of the child
  • A local authority foster carer with whom the child has lived for one year immediately preceding the application
  • Anyone who holds a residence order with respect to the child, or who has the consent of all those in whose favour a residence order is in force
  • Anyone with whom the child has lived for three out of the last five years
  • Where the child is in the care of a local authority, any person who has the consent of the local authority
  • Anyone who has the consent of all those with parental responsibility for the child
  • Any person, including the child, who has the leave of the court to apply

In some circumstances, Legal Aid may be granted or legal fees will be paid by the Local Authority. Call Gary Jacobs & Co Ltd for further information.

Wardship

A Wardship Order can only be applied for in the High Court making a child “ward” of the court. Although day to day care and control of the “ward” is given to an individual or to a local authority, no important decision can be taken in the child’s life without the court’s consent.

When a child is made a ward, the court takes over the ultimate responsibility for the child, sharing parental responsibility with those who already hold it. The most common situations in which the court may make an injunction for the child’s protection are, but not limited to;

  • Order to restrain publicity
  • Order to prevent an undesirable association
  • Order relating to medical treatment
  • Order to protect abducted children, or children where the case has another substantial foreign element
  • Order for the return of children to and from another state

Adoption

Adoption is the legal process where all parental rights to a child are transferred from the birth parents to the adoptive parents on a permanent basis.

Any person over the age of 21 who can provide a good home for a child is eligible to apply to adopt. There is no upper age limit. Before a child can be adopted, they must have lived with an applicant for at least 6 months.

Only a court can make an adoption order and this means that the parents of the child will have no further legal rights or responsibilities to the child as these are transferred to the adoptive parents.

When it comes to fees for adoption, in most case the Local Authority will pay for your legal fees, we will be more than happy to discuss this with you.

Gary Jacobs and Co Ltd will help to make sure that the process of adopting a child is made as simple as possible and will provide you with advice and guidance throughout the process.

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If you have any questions about the services that we offer, please feel free to contact us on 0208 536 4050

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