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Children
When separating, you will of course be very concerned as to the effect your divorce or separation will have on them and this can prove distressing to both you and your children. At Crisp & Co, we are highly experienced in dealing with all the issues surrounding children on the separation of their parents and are therefore able to provide you with expert advice in respect of both where the children should reside, following separation, and contact arrangements for the parent no longer residing in the family home.
Where there are more complex issues surrounding children, it is sometimes possible for the Local Authority to become involved with the family. At Crisp & Co, we have a specialist solicitor dealing with these matters who has membership of the Law Society’s Children Panel.
For information regarding cases where Social Services and Local Authorities become involved with your family, see Child Care Law.
Your Questions Answered.
We have already agreed the arrangements for our children, so do I really need to see a Solicitor?
It is best for the whole family if the arrangements for the children can be worked out within the family. Crisp & Co can, however, provide you with objective advice about where your children should live, the contact arrangements for the parent no longer living with the children and the importance of good communication between the parents. Neither the Courts nor lawyers will wish to intervene where good arrangements have been made between the parents.
Where the parents are divorcing or formally separating, the Court will have to be informed of the arrangements you have made for the children and be satisfied that these are adequate. Crisp & Co can advise you on what is required to show the arrangements are satisfactory.
It is usually unnecessary to attend court to make arrangements for child maintenance. See Child Support and Maintenance.Will we have to go to Court to sort out the arrangements for the children?
The Courts operate on the basis that they will not normally get involved with the arrangements for the children and only do so where there is an issue relating to the protection of your children or if the parents are unable to reach agreement on an important aspect of their child’s upbringing.
What happens if we cannot reach agreement in respect of the children and I have to go to Court?
The Courts will always act in the children’s interests. The Courts can decide who your children should live with and the arrangements for contact with the parent no longer living with the child. The Courts can also simply consider a single issue that is not agreed between the parents by way of a Specific Issue Order. Additionally, the Court can make order to stop certain events happening to a child, such as being removed from the address at which he/she is living by way of a Prohibited Steps Order.
If we cannot reach agreement in respect of our children, will Social Services become involved?
No. Social Services will only become involved with your children if they believe there is a threat of danger to them. Matters that cannot be resolved between the parents will be decided by the Courts rather than the Local Authority.
What are my rights regarding the Children?
Your rights as a parent extend only insofar as they are compatible with the rights of your child. Where the child’s parents are married at the time of the birth, then both parents will have parental responsibility. In all other cases, it is generally the mother who has parental responsibility, the father has this right only if he has been granted parental responsibility by the Court, there is a joint parental responsibility agreement in existence or if he is named on the child’s birth certificate and the child was born on or after the 1st December 2003. Crisp & Co can provide you with full details of your parental rights and responsibilities.
My partner has connections abroad, I am worried that he/she will just grab the children and leave the country.
Removing a child from the country is a breach of custody arrangements and may be regarded as a criminal offence. There are international laws relating also to the abduction of children. Crisp & Co is experienced in dealing with child abduction matters and can help if you think that your child is likely to be taken out of the country. If you believe that your child has been abducted and you are unable to contact us, then get in touch with the Child Abduction Unit immediately on 0207 911 7047.
Social Services have become involved with my family and want to take my children into care, what can I do?
Local Authorities can take children into care, where they believe that a child is in imminent danger from his or her parents. At Crisp & Co, we have a specialist solicitor to help families who find themselves in this very difficult situation. Where a child is taken into care, we can help you to maintain contact with your child and help you to address the problems that have led to the Local Authority taking this action. In these cases, you will automatically be entitled to receive legal aid to fund your case.
How much is it all going to cost?
Unfortunately there is no straightforward answer to this question. The costs will be determined by the issues that cannot be agreed and the length of time it takes to reach agreement. If there is no agreement reached, then the matter will be settled by the Court and this will become expensive.
Our costs are determined on an hourly rate, which you will be advised of at your first appointment at Crisp & Co.
I am really worried about the costs, because I have no income or a very limited income.
At Crisp & Co, we are committed to the belief that everyone should have access to good legal advice, regardless of their financial circumstances. For this reason, we are one of the very few practices who still offer legal aid to our clients. Whether you will qualify for legal aid can be determined by us at your first appointment. Legal Aid is not free and must be repaid to the government from any financial settlement you receive as a result of the work we do on your behalf. Obviously, if you do not receive any property and your case relates only the issues surrounding the children, then you will not have to repay your legal aid fees.
If you do not qualify for legal aid, but are still unable to afford your fees, we can negotiate on your behalf to obtain sufficient income to help you meet your needs until final settlement is reached.
We can also put you in touch with financial agencies who may be able to help you.
What should I do next?
Get in contact with us at Crisp & Co. We have two offices, one in Guildford, Surrey and the other in Esher, Surrey to book an appointment.
Is there anything I need to bring with me to my first appointment with Crisp & CO?
We will need you to bring with you the following papers and documents:-
- Your passport or photo identity driving licence plus another proof of identity with your name and address, such as a recent utility bill.
- Only if you are married, your marriage certificate if it is available.
- Any letters or documents that have been sent to you by your partner’s solicitors
We will need to know the following information from you:-
- Your marital status, the date of your marriage and the date of any separation
- The full names and dates of birth of your children
- Your nationality and country of residence
- The nationality of your partner and their country of residence
- Details of your income and that of any other member of your household
- Details of property, assets, investments and pensions held either in your own name or in the joint names of yourself and your partner
- Details of any mortgages or other liabilities in either your own name or in the joint names of you and your partner
- Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with the quicker we will be able to advise you in respect of your particular situation.
