Children & Separation

When you go through family breakdown, it is vital to make good decisions for your children. This can be very difficult, especially if you are very anxious yourself about the future. If you are a parent involved in a dispute about your child, we can advise and represent you.

For instance, you may disagree about where you children should live and who with (disputes about residence), or who they should see, how often and for how long (disputes about contact).

As people become more mobile, there can be disagreements when one parent wants to move away, either to somewhere else in England, or abroad. These sort of disputes are governed by the Children Act 1989.

You also need to know about Parental Responsibility. “Parental Responsibility” means being legally responsible for making the major decisions about your child’s upbringing. If you are married, you will both have parental responsibility for your children. If you are not, then only the mother automatically has parental responsibility. We an advise you on how unmarried fathers, as well as step parents and other relatives, can acquire parental responsibility.

If you share parental responsibility with someone else, you can take some decisions alone (though it is usually best to consult with the other parent and try to agree). Some decisions have to be made jointly. This includes any decisions to move abroad, or change a child’s name.

If there are serious allegations of domestic violence or domestic abuse, then this will affect how any disputes about your child are dealt with, and you will need specialist advice.

There may even be an extreme situation where one parent has abducted a child, and emergency action is needed. We can give rapid advice if child abduction is possible or has already happened.

If you want discuss any of these issues please contact Nicola Harmon

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