Children

Separation can be exceptionally hard on children.  All of our family law team are members of Resolution – a group of 6,500 solicitors who work with families in conflict and help them put the needs of their children first.

We have developed a strong reputation as one of the best family law departments in the West Country.  Being a local Cornish firm, with over 225 years’ history in the region, we understand the needs and challenges facing families in our local area and beyond.

Parents reaching agreements between themselves

In a most cases, we help parents reach an agreement regarding arrangements for their children without the matter having to go to court.  The English legal system encourages this, as studies show that when parents can decide arrangements for children between themselves, the agreement is more likely to stick, especially through changing circumstances, such as one parent entering a new relationship.

If a dispute concerning what was formally known as ‘custody and access arrangements’ should occur, our team will employ alternative dispute resolution measures such as round table meetings and mediation to resolve any issues in an amiable manner.

What the law says regarding children 

The Children Act 1989 states that the welfare of the child is paramount in children cases. Terms such as custody, residence, contact and access have been replaced by child arrangements. 

There are some cases where litigation proceedings are inevitable; for example, if the relationship was abusive or the hostility between the parents means they need a judge to decide for them.  In these type of cases, we will provide robust representation to ensure your concerns are heard and protect you from any element of bullying from your estranged partner.

In circumstances where family life has become disrupted, the law seeks to provide the most appropriate outcome for the children involved.  Special guardianship orders are often sought in relation to children who are currently being cared for by wider members of the family, or by foster parents.  Creating a middle-ground between adoption orders and child arrangements orders, special guardianship orders provide the same long-term care option as provided under adoption, but also allow the legal relationship between parents and children to remain in place.

Why choose a Special Guardianship Order?

Under a special guardianship order, the special guardian is afforded parental responsibility. This allows them to make decisions in regards to the child’s care that prevail over the wishes of the parents.  However, a special guardianship order does not extinguish the parental responsibility rights of the child’s parents. Parents remain involved in making significant decisions relating to their child, such as changing their surname.  Special guardianship orders are beneficial in many cases as parents can maintain a relationship with their child whilst the child is also provided with long-term security.

Why us?

With a highly respected reputation for our expertise in family law, we are committed to providing quality, experienced advice to produce outcomes that, most importantly, seek to protect the welfare of the child whilst acknowledging the wishes of each party involved. Here at Nalders solicitors, all of our family law solicitors are members of Resolution and strive towards delivering constructive solutions regardless of their complexity.  We are able to provide detailed advice to those seeking a special guardianship orders as well as corresponding with local authorities where they are conducting assessments to determine potential carers.

To find out more about how we can advise on special guardianship orders, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

The involvement of Local Authorities in any family matter can be an incredibly stressful and upsetting period for those involved. Local Authority involvement in proceedings often takes place where abuse or negligence is suspected.  We understand the difficult nature of such proceedings and aim to provide quality, constructive advice to those undergoing such proceedings.

At Nalders Solicitors, our experienced team can assist you with all aspects of the public law proceedings process, including:

• Concerns regarding child protection
• Care Proceedings where brought by the Local Authority
• Special Guardianship Order applications
• Assisting additional parties other than parents, such as grandparents, who wish to take on the care of the child
• Adoption Order applications

Why us?

With a long history of advising clients in all aspects of family law, we are confident in our experienced expertise in such matters and can confidently assist clients in all areas of their public law proceedings.  Throughout the proceedings, we prioritise the welfare of the children involved and aim to make the process as clear and smooth-running as possible for the children and parents involved.

If you are a parent in proceedings commenced by the Local Authority legal aid will be available to meet your fees.  We can advise you if legal aid is likely to be available to you and refer you to organisations who may be able to assist you in applying for legal aid.

To find out more about how we can advise on public law proceedings, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

TAdopting a child is a wonderful experience and our family solicitors will be there to ensure the process goes smoothly and all the legal requirements are met.

At Nalders Solicitors, our experienced, friendly team will assist you with all aspects of the adoption process including:

• Adopting a child from another country, including providing advice and representation on any parenting assessments held in a foreign jurisdiction
• Having an international adoption recognised in the UK
• Assisting UK couples residing abroad in adopting a British child
• Adopting a child who is currently in care

Putting the child first

When it comes to adoption, we put the welfare of the child first in all our dealings. We aim to make the adoption process as clear-cut and smooth as possible.  Because we have been advising clients in the South West for many generations, we can quickly put adoptive parents in touch with the support services they may need if they are adopting a child who has endured a difficult upbringing.

Why choose us?

Prospective adopting parents have been receiving advice from us for decades. All our family law solicitors are members of Resolution.  Our expertise is highly respected as is our commitment to providing quality, innovative legal advice at a cost-effective price.

We have an in-depth understanding of the Adoption and Children Act 2002 which, when enacted, was aimed at improving adoption support to encourage more people to come forward to adopt.  It places a duty on local authorities to decide for the provision of adoption support services to promote adoption as a means of giving children in care the chance to live in permanent homes. 

A surrogacy arrangement is a practice whereby a woman carries a child for another person with the intention that the child should be handed over at birth to the commissioning couple and raised as theirs.  The surrogate then hands the baby over to the couple when it is born.  At present, surrogacy agreements are not legally recognised under UK law.  A woman who gives birth to a baby is legally its mother, whether or not she is biologically related to the child.  If she is married, her spouse is the legal father.

Once the baby is born, the couple wishing to raise the baby must apply for a Parental Order to get custody of the child and the surrogate must give full consent to this being granted.

Problems can arise when the surrogate decides to keep the baby or the parents do not want to apply for a parenting order, leaving the surrogate to raise the child.

It is against the law in the UK to pay a surrogate for carrying a baby; however, the commissioning couple may pay the surrogate’s expenses.

How Nalders Solicitors can assist in a surrogacy situation

Because it is relatively unregulated, surrogacy is a delicate area of law which should be managed by an experienced family law solicitor.  At Nalders Solicitors, our family lawyers are members of Resolution.  We understand surrogacy, the complex emotions and challenges it can involve and have the experience required to assist those on both sides of a surrogacy arrangement, should a dispute arise.  We can also draw up a surrogacy agreement, which, although is not enforceable in the courts, will mitigate any confusion arising from miss-communications.  We will also assist you in applying for a Parenting Order following the birth of the baby.

To find out more about how we can advise on children’s matters, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

 Parental responsibility describes the rights, duties and power that a parent has in relation to their child.  This allows parents to make key decisions on behalf of the child relating to their welfare, education, medical treatment and accommodation.

Who has parental responsibility?

Mothers:

Under the Children Act 1989, the birth mother of a child will automatically have parental responsibility.

Fathers:

Fathers automatically have parental responsibility if they were married to the birth mother when the child was conceived or are named as one of the child’s parents on their birth certificate. 

Same-Sex Couples:

If both parents were married or in a civil partnership at the time the child was conceived, then both parents share parental responsibility of the child.  However, if there was no marriage or civil partnership, parental responsibility does not automatically arise for the second parent. This can be obtained via multiple routes such as signing a parental responsibility agreement or through adoption.

Step-Parents:

In order to obtain parental responsibility of a step-child, you must sign a parental responsibility agreement with the mother and father (if he has parental responsibility).

If agreement cannot be reached, an application can be made to the court for a Parental or Step Parental Responsibility Order.

How can we help?

At Nalders Solicitors, our experienced family lawyers are confident in advising in all aspects of family law.  We understand the significance of parental responsibility and how important it is for parents, and children themselves, for each parent’s legal responsibility for their child to be clearly established.  We can advise you throughout the journey of obtaining parental responsibility in many ways, such as through preparing parental responsibility agreements and assisting with court applications for a parental responsibility order.

To find out more about how we can advise on obtaining parental responsibility, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

Following relationship breakdown, the welfare of your children will be a key consideration in your agreements.  Child maintenance is a continuous payment that is made by the parent who does not live with the child.  This typically continues until the child turns 18 or until the child finishes full-time education.

In a few exceptional circumstances the Court still has jurisdiction to adjudicate on issues of child maintenance.

If none of these circumstances apply, a parent with care has no right to apply to the court for child maintenance and must, if they seek child maintenance, apply to the Child Maintenance Service (CMS).

The Child Support Act 1991 limits the amount of a non-resident parent’s (NRP) income which may be taken into account for the purposes of a maintenance calculation.

The main way that child maintenance is determined is by using the formula applied by the CMS.

How can we help?

We understand the upset and acrimony that often arises upon separation.  We understand that it can sometimes be difficult to manage expectations and come to an agreement as to what payment should be made.  Here at Nalders all of our family law team are members of Resolution.  Resolution members abide by a Code of Practice that encourages respect and negotiation as methods for resolving conflict and encouraging parties to a divorce to put the needs of their children first.  As such, we are confident in our expertise in helping parties to reach suitable, realistic agreements for child maintenance payments.

To find out more about how we can advise on child maintenance payments, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.