Fraser Hollands Solicitors are specialists in the field of Family Law and with over 50 years combined experience, we offer a high standard of service in all areas of the law relating to family disputes including: Child Protection and Local Authority involvement, living arrangements and contact, Special Guardianship and protection and enforcement.
including three Law Society accredited Children Panel Member Solicitors, Fraser Hollands offers each client a high standard of service operating with a professional, compassionate and knowledgeable approach.
Your family are undoubtedly the most important people in your life and at Fraser Hollands we recognise this and pride ourselves in seeking to achieve the best outcome for you and your family. Family Law is a complex and multifaceted area of law and very often children play a central part.
There are many reasons why you may need the help and support of a specialist family Solicitor, such as:
Child Arrangements Orders are sometimes required when issues arise over where a child(ren) should live, or how often they should have contact with the non-resident parent. The Court, having regard to the child(ren)’s welfare, will consider the arrangements in the best interests of the child. These proceedings, also referred to as ‘Private Children Act’ can be lengthy, dependent on the nature of the concerns raised, each case is different. A child arrangements order, once made final, will set out the living and contact arrangements which will remain in force unless varied by future order.
If a disagreement arises between you and the other parent of your child(ren), you may need to seek assistance of the Court, such a Specific Issue Order. This could be to decide on whether a child’s name should be changed, which school the child should go to or whether the child should relocate. If an agreement cannot be reached by all those with parental responsibility, you may have no alternative than to seek an Order setting out the same. However, the Court will have regard to the views of all those with parental responsibility and will make decisions in line with the best interests of the child.
If you feel that your child(ren) is at risk of significant harm, in some circumstances you may need the assistance of the Court to ensure the child(ren) is safeguarded. This could be through seeking an urgent, without notice hearing to consider the child’s living and contact arrangements, or a prohibited steps order, to stop someone from doing something that would place the child at risk of significant harm. It is important to also consider other avenues when there is a significant risk of harm, such as contacting the police or social services.
If an issue arises regarding if or when your child(ren) should attend contact with their non-resident parent, you may need assistance in reaching an agreement. In the first instance, you could try mediation through a third party or the MIAM service if appropriate. In some circumstances, you may need to seek legal advice to discuss the options available to you, such as having a letter drafted on your behalf. If these options do not work or not applicable, you may need to apply to the Court for a Child Arrangements Order for contact, setting out the steps you want the Court to take and why. When the Court consider arrangements for contact, it will have regard to the child’s best interests and their welfare needs whilst considering the views of all those with parental responsibility.
A Special Guardianship Assessment is an in-depth assessment carried out by social services, onsomeone seeking to care for another child for whom they do not have parental responsibility for. Often, these assessments are carried out on friends or family members. If you seek a special guardianship order, you will need to have had an assessment which will be completed by the Local Authority and then shared with the Court and yourself. The assessment should be completed along with a support plan, setting out the areas of support available to you, if the assessment is positive.
There are times when applications to the Court need to be made on an urgent basis, often the reason being the child(ren)’s welfare needs require it. The Court will always have regard to the child(ren)s best interests and welfare needs and so, it may be that the Court need to consider the application without delay, if it is considered such delay could impact on the child’s safety or wellbeing. For example, if there is a risk of the child being removed from the jurisdiction and the child is at risk of harm, these applications often need to be filed on an urgent basis seeking an order to prohibit the child from being taken out of the jurisdiction.
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