How the law affects families with children.

When emotions are highly charged, it is always worth getting professional advice from an experienced family solicitor. This brief guide touches on and summarises the main laws which affect many families at some time or another.

You may be in a family situation where some of these laws may soon be referred to, whether you are married, cohabiting, separated or divorced.

• Children Act 1989, a UK law that outlines the framework for ensuring the well-being and safeguarding of children. The Act aims to make sure that children's best interests are the priority in all decisions affecting them. It covers a broad range of issues, such as private children law orders, prohibited steps orders, and specific issue orders.
• The Child Arrangements Order outlines the living arrangements and contacts with the child, while a Consent Order is applied for if an agreement is reached.
• The Welfare Checklist, which is a set of guidelines, is used to decide what is best for the child, taking into account their wishes and feelings, physical, emotional, and educational needs, their age, background, any harm they have suffered or may be at risk of, and the ability of each parent to meet their needs.
• Special Guardianship, is a legal order that gives a family member or friend legal responsibility for a child's upbringing and the power to make decisions about their care.
• Unmarried Couples' Rights are few and far between, because if you're an unmarried couple living in the UK and one of you dies, the other person doesn't automatically have the right to inherit their property. And if you split up, there are fewer laws to help you RESOLVE any money problems.
• Grandparents' Rights are not automatic, you don't have a right to see your grandchildren just because you ARE grandparents.
• Cohabitation Agreements and Disputes arise because without a cohabitation agreement, disputes between cohabiting couples can be complicated COSTLY and time-consuming to resolve.

Summary of the Children Act 1989.

In plain English, the Children Act 1989 is a law that says that the well-being of children should be the most important thing when decisions are made about them. This law helps different groups (like the government and the courts) work together to make sure that children are safe and happy.

• The Children Act 1989 is a UK law that sets out the framework for safeguarding and promoting the welfare of children.
• The Act establishes the principle that the best interests of the child should be the primary consideration in all decisions that affect them.
• It provides a framework for local authorities, courts, and other agencies to work together to ensure the safety and well-being of children.
• The Act covers a wide range of issues, including PRIVATE CHILDREN LAW ORDERS and the resolution of disputes about a child's upbringing.

Here are the key points about the Children Act:

• Children's best interests are PARAMOUNT
• Different groups must work together to help children.
• The law covers a lot of different aspects, for example which parent the child/children are to live with and how often they see the non resident parent, prohibited steps orders and specific issue orders and keeping children safe.
• Under section 8 of the Children Act 1989, a Child Arrangements Order will decide the arrangements a child is to live with, spend time with or otherwise have contact with and also when a child is to live, spend time or otherwise have contact with any person.
• If an agreement can be reached regarding the arrangements of who a child is to live with and spend time with then a Consent Order can be applied for. Consent Orders provide a mechanism to make an informal agreement legally binding and therefore enforceable through the Family Court.
• A prohibited steps order is an order that can be granted by the court to stop one parent from exercising their parental responsibility in a way that is not in the child’s best interests.
• A Specific Issue Order is an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

Under section 1 of the Children Act, the overriding consideration in family proceedings is the question of “what is in the best interests of the child/children?”

The court and other professionals will usually use a framework of criteria known as the Welfare Checklist.

The Welfare Checklist Criteria

1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

   The court are required to take the wishes and feelings of the child into consideration. It is not defined in law at which age the court will begin to listen to the child, but the court will tend to place more weight on a child’s wishes and feelings from the age of 11 or 12 onwards.

   However, it does depend on the individual circumstances of the child in question; the court will assess their maturity and understanding of the situation.

   Ordinarily it will be the role of Cafcass (Children and Family Court Advisory and Support Service) to speak to the child and ascertain their wishes and feelings. In exceptional circumstances the judge may speak to the child themselves.

   It is important for the court to be satisfied that these are indeed the true wishes and feelings of the child and they are not mirroring the views of a parent. It is important to be aware that the wishes and feelings of the child are viewed in conjunction with other factors and will not wholly dictate the outcome.

2. their physical, emotional and educational needs;

   The court are required to consider the child’s short term and long term physical, emotional and educational needs. They will consider which parent is best placed to provide these to the child and this will usually be based on evidence that has been submitted to the court. physical needs tend to be straightforward whereas emotional needs may require more investigation. a child’s needs will change as they become older and therefore the court must be satisfied that the parents can manage these changes and provide stability for the child at the same time.

3. the likely effect on the child of any change in their circumstances;

   The court are required to consider the potential impact of any change in circumstances on the child. the court will often take a decision that will cause the least disruption to a child’s life. An example of this may be where the non-resident parent applies for residence of the child. the court will need to consider the potential impact that the change in residence would cause, i.e. change of school, change of social environment.

4. their age, sex, background and any characteristics of his which the court considers relevant;

   The court are required to consider the child’s age, cultural and religious background and other characteristics which are specific to the child and the wider family.

5. any harm which they have suffered or are at risk of suffering;

   the court will examine harm that the child has suffered and harm that the child is at risk of suffering in the future. Harm is defined as ‘‘ill treatment or the impairment of health or development”. the court will weigh up the potential risk to the child and issue an order which is reflective of this.

   The order could feasibly contain protective measures which are aimed at safeguarding the child. This particular criterion will require the court to examine allegations of domestic abuse.

6. How capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

   The court will want to ensure that both parents are putting the child first and are able to meet all the child’s needs. This criterion will therefore require the court to consider the respective accommodation that both parents are able to provide and the extent to which both parents can meet the child’s needs.

   This will be case specific and therefore it will depend on the specific needs of the child and the abilities of the parent. There is no assumption that a mother is better placed to meet a child’s needs compared to the father.

7. The range of powers available to the court under this act in the proceedings in question.

   The court will consider every option and can make a wide range of orders, even if they have not been applied for.

   For example, there may be a case determining contact but it emerges that the resident parent intends to go abroad on a permanent basis with the child without seeking the consent of the other parent with parental responsibility.

   The court may therefore think it is appropriate to grant a prohibited steps order preventing the moving parent from leaving the jurisdiction.

In conclusion, the Children Act 1989 is a crucial piece of legislation that has a significant impact on the lives of children in the UK.

Its overarching aim is to promote the welfare of children and ensure that their best interests are at the forefront of all decision-making processes.

The Act provides a framework for local authorities, courts, and other agencies to work together to safeguard and promote the welfare of children, and it covers a wide range of issues related to children's care and protection.

Our family law expert, Urmilla Seenath is very experienced and can help you with any issue of family law you may need help with.

Call her in confidence on 0118 9559 616

Unmarried Couples' Rights in the UK:

If you're an unmarried couple living in the UK and one of you dies, the other person doesn't automatically have the right to inherit their property. And if you split up, there are fewer laws to help you RESOLVE any money problems.

It's very important for cohabiting couples to understand that they are not in the same legal situation as married couples.

• In the UK, unmarried couples (also known as cohabiting couples) do not have the same legal rights as married couples.
• There is no automatic right to inheritance or property rights for cohabiting couples, unlike married couples.
• Unmarried couples do not have the same rights to maintenance or pensions as married couples.
• If a cohabiting couple separates, there are limited legal options available to them to resolve financial disputes.

While cohabitation is a common form of relationship in the UK, it is important to be aware of the limited legal protections available to cohabiting couples, especially in the case of separation or death.

To protect their rights and interests, cohabiting couples may wish to seek advice from a solicitor and consider entering into a cohabitation agreement.

Cohabitation Agreements and Disputes:

In plain English, a cohabitation agreement is like a contract between two people who live together but are NOT married

• The agreement sets out how the couple will divide their property, finances, and responsibilities in the event of a separation or death.
• A cohabitation agreement can help avoid disputes and provide clarity on the couple's rights and responsibilities.
• Without a cohabitation agreement, disputes between cohabiting couples can be complicated costly and time-consuming to resolve.

Having a cohabitation agreement can help avoid problems and make things clearer, but without one, it can be hard to resolve if there is a disagreement.

Cohabitation agreements can be a valuable tool for cohabiting couples in the UK who want to avoid disputes and clarify their rights and responsibilities.

A well-drafted cohabitation agreement can provide peace of mind and can help resolve disputes more efficiently if the relationship comes to an end.

However, it is important to seek legal advice when entering into a cohabitation agreement to ensure that it is legally binding and meets the couple's specific needs and circumstances.

Child Arrangement Orders:

A Child Arrangement Order is a court order that says who a child should live with and/or spend time with, and what each parent's rights and responsibilities are. The court makes this order if parents can't agree on what's best for their child, or if they're separating or getting divorced.

The most important thing the court considers is what's best for the child.

The key points about Child Arrangement Orders are:

• Legal order for arrangements for children.
• Specifies who the child should live with and/or spend time with.
• Sets out rights and responsibilities of each parent.
• Court's priority is the child's best interests.

The court can make an order that sets out the living and contact arrangements for a child, as well as the rights and responsibilities of each parent.

Parents may wish to seek legal advice before making an application to the court, or to agree on arrangements for their children outside of court, through mediation or another dispute resolution process.

A good family solicitor with experience in Child Arrangement Orders is of great value to anyone looking to enter into one of these agreements.

Our family law expert, Urmilla Seenath is very experienced and can help you with any issue of family law you may need help with. Call her in confidence on 0118 9559 616

Grandparents' Rights to See their Grandchildren:

Grandparents in the UK don't have a right to see their grandchildren just because they are grandparents.

But, if the parents of the grandchild don't agree, grandparents can ask a court for a special order called a Child Arrangement Order to spend time with their grandchildren.

The court will decide what IS best for the grandchild.

Grandparents can also ask the court for a different order called a Prohibited Steps Order to stop the parents from doing things that would stop the grandparents from seeing their grandchildren.

Here are the key points about Grandparents' Rights to See their Grandchildren in bullet points:

• No automatic right to see grandchildren.
• Can apply to the court for a Child Arrangement Order.
• Court considers the best interests of the child.
• Can apply for a Prohibited Steps Order to prevent actions that prevent contact.

Grandparents who are concerned about their rights to see their grandchildren may wish to seek legal advice as early as possible.

Special Guardianship in the UK:

A Special Guardianship Order is a legal order that gives a family member or friend legal responsibility for a child's upbringing and the power to make decisions about their care.

The court can make a Special Guardianship Order if it thinks it's best for the child.

Here are the key points about Special Guardianship:

• Legal order giving family members or friends responsibility for child's upbringing.
• The Special Guardian has parental responsibility and power to make day-to-day decisions.
• The Court makes Special Guardianship Order if in the best interests of the child.

The court will always consider the best interests of the child when making decisions.

In conclusion, these areas of family law are complicated and often involve highly emotional situations.

Having an experienced family law expert to guide you can give you peace of mind and ensure you achieve the best outcome possible.

For any help you need call Urmilla Seenath on Reading 0118 955 9616 or email u.seenath@hewetts.co.uk

Published on 23/02/2023