Children

Subterms

    More stories

    • 75 Shares189 Views

      in Children

      Introducing Stowe talks podcast series 2

      by

      Our Stowe talks podcast series gives you access to expert advice from some of the best divorce professionals in the UK.
      In series two, family lawyers Matthew Taylor and Liza Gatrell are joined by special guests to explore issues including economic abuse, pensions and divorce, handling fear and uncertainty, overcoming loneliness and post-separation abuse. 
      With guests, Rosie Lyon, Ceri Griffiths, Tosh Brittan, Claire Macklin (nee Black) and Caron Kipping. 
      Take a listen
      Dealing with post-separation abuse 
      Divorce coach and domestic abuse specialist, Caron Kipping explains what post-separation abuse is, its impact, how to build the right support team, the power of reframing, and how to focus on what you can control to help build a positive future.
      Listen on Spotify
      Surviving economic abuse 
      Domestic abuse survivor, Rosie Lyon, explains what economic abuse is, the red flags, the support available, particularly in the banking system, and how people can safeguard themselves in the future. 
      Listen on Spotify
      Understanding pensions on divorce 
      Divorce financial planner Ceri Griffiths explains the different types of pensions, how to value one, the role of an actuary report, issues around offsetting, and pension sharing options.
      Listen on Spotify
      Overcoming loneliness
      Divorce Coach Tosh Brittan describes how loneliness can easily sneak up, how embracing it can help, and practical advice on dealing with it.
      Listen on Spotify
      Handling fear and uncertainty 
      Listen as Divorce Coach Claire Macklin (nee Black) shares tools to help you cope with the fear and uncertainty divorce brings, and take back some control. 
      Listen on Spotify
      Find out more
      Sign-up to our mailing list and we’ll keep you up-to-date with the latest Stowe talks, including our podcasts, videos and live webinars. 
      Find our show on Spotify  
      Watch our vodcast on YouTube  More

    • 75 Shares149 Views

      in Children

      Making arrangements for children this Christmas

      by

      With less than two months until Christmas, now’s the time to agree how your children will spend time with their other parent during the holidays.
      Christmas can be a time of tension for separated parents as they plan the festivities and plan where and how they’ll each see the children. 
      So, we asked our Regional Director for Yorkshire, Rachel Roberts, to share her advice for parents on taking the strain out of making child arrangements for Christmas. 
      Child arrangements and Christmas
      As we approach December, we see a flurry of clients getting in touch for help to try and resolve arrangements for the festive season. 
      Before I turn to my tips on how best to manage arrangements, there are a couple of key points from the Government and family law sector that are certainly at the forefront of my mind when advising clients.
      Last year, a leading family judge made it clear that parties should only be bringing disputes over children to court where absolutely necessary. The judge went on to criticise parents for asking the court to micro-manage children arrangements. The view from the court is clear – where possible you should be sorting these things out yourself.
      The Government have said that further lockdowns are unlikely and have been clear that restrictions do not prevent children from moving between separated parents, provided they are not self-isolating. 
      It seems unlikely that this will change, and CAFCASS (the government body that advises the court on children disputes) has stressed the need for children to maintain their usual routine.
      All that said, it is naive to think that difficulties will not arise, and the following guidance may help avoid unhappiness at Christmas.
      Tips for making child arrangements during Christmas 
      Preparation is key
      If you do not have plans in place, now is the time to start. Talk to your ex-partner and agree on arrangements that work for you all.
      Some clients I have worked with agreed that the children would spend Christmas Eve at one home and then return to the other for lunch on Christmas Day.
      Other clients decided that they would spend the whole festive period with one parent and the next year spend it with the other, alternating between the two.
      It is a personal choice based on what works for your family, but also the age of the children, location and how amicable you are.
      Be prepared to be flexible as plans may need to change. 
      Focus on the children 
      First and foremost, put the children at the heart of the plans you make. A different type of Christmas can still be a good Christmas. Talk about the positive: two Christmas Days, two sets of presents etc.
      Make sure you share your plans with the children. Depending on the age of the children, ask them what they would like? Older children need to feel they have a voice. 
      Once in place, sharing plans with the children means they know where they will be throughout the holiday, and the routine will make them feel safe and secure.
      Creating a visual plan can help as dates can be difficult for a child to understand. One client created a Christmas themed wall planner for their younger children. A tech-savvy teenager may prefer a joint Google calendar.
      Be fair to the other parent
      If this is your first year as a separated parent, this will all feel very raw and difficult. It is likely that you will both be dreading not spending Christmas entirely with your children. 
      Even though it can be difficult, try to think about the impact of any plans on your former partner. Ask yourself if you would be happy with the proposed arrangements next year? If the answer is no, then maybe they should be reconsidered. 
      Stick to the plan
      This year may require a certain level of flexibility, but where possible, it is important that, whatever arrangements you come to, you both stick to the plan. 
      Last-minute changes can cause feelings of disruption and uncertainty for children. And, whilst flexibility is an essential part of positive child arrangements, it is important to maintain consistency and provide stability.
      Get advice early, if needed
      Christmas is chaotic and organising a co-parenting schedule on top of everything else is never going to be easy, especially if communication between you and your ex-partner is difficult. 
      If you are struggling this year, take advice from a family lawyer who can try to assist in negotiating an agreement. 
      If you cannot reach an agreement, mediation can help as the presence of a 3rd party often eases tensions and result in finding common ground. 
      Mediation is still taking place via video conferencing, and many of our clients have reported that it is easier than being in the same room as their former partner.
      Court proceedings are possible but should be used as a last resort, and, due to the current strain on courts from the pandemic, it is highly unlikely that you have any prospect of a contested hearing before Christmas. 
      Hopefully, these tips, combined with some careful planning, compromise and putting the children first,  will help you and your ex-partner move forward towards a harmonious Christmas.
      Get in touch 
      If you would like any advice on child arrangements during Christmas, or other family law issues, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here. 
      This article was previously published and has since been updated.  More

    • 50 Shares129 Views

      in Children

      September Stowe talks webinars

      by

      Stowe talks is a range of support tools including podcasts, videos and webinars, designed to help people going through a relationship breakdown and all the multi-faceted challenges this brings.
      Supporting children emotionally through divorce
      Thursday 22nd September 17:30 – 18:30
      Join Stowe talks webinar with family lawyer Sarah Barr Young and guest Sarah Weller a family relationship coach and parenting consultant as they discuss emotional support for children through divorce and separation including:

      What are the fundamental concepts for children’s well being
      How to talk to your child about divorce and create a positive vision
      What are the main stressors for a children and how you can help them
      Finding a successful co-parenting model even if you aren’t currently parenting on the same page
      What to do when your ex-partner doesn’t show up to co-parent
      Q&A opportunity to ask your questions.

      Book your free place on the Supporting children through divorce webinar

      Supporting male survivors of domestic abuse
      Thursday 20th October 17:30 – 18:30

      Join our family lawyers Jake Mitchel and Sarah Barr Young and they welcome guest Tom Nash, Divorce & Business Coach, to explore the challenges of male domestic abuse, available support for male victims of domestic abuse, as well as:

      The different types of domestic abuse
      The challenges & issues for male survivors
      The signs & red flags of male domestic abuse survivors
      What can friends, family and colleagues do?
      How to access the available support
      Q&A opportunity to ask your questions.

      Book your free place on the Supporting male survivors of domestic abuse webinar

      Understanding economic abuse and how to deal with it

      Wednesday 30th November 17:30 – 18:30
      Join us and special guest Rosie Lyon a prominent campaigner for better financial and banking support for survivors of domestic abuse as they discuss how to:

      How economic abusers operate
      How it can impact your financial future
      Rosie’s personal experience of abuse and how she overcame the challenges
      Guidance on how banks deal with economic abuse
      Practical tips to navigate banking
      Support available for survivors
      Q&A opportunity to ask your questions.

      Book your free place on the economic abuse webinar More

    • 100 Shares119 Views

      in Children

      9 divorce myths debunked by a divorce lawyer

      by

      There are some common myths about divorce that remain steadfast despite being unfounded and incorrect in the eyes of the the law. Stowe managing Partner Amanda Phillips-Wylds debunks the top 9 divorce myths.
      Top 9 divorce myths
      When you decided to get divorced you might have heard or read lots of conflicting stories about what to expect about the process. It can feel very confusing. Based on my years of practice, I have put together a list of the 9 most common misconceptions I hear from my clients to help you reset your expectations and move forward with clarity.
      Myth 1 – Divorce always ends in court battles which leave spouses angry and bitter.It is very rare for spouses to have to attend court. Since the arrival of no-fault divorce spouses can no longer object to divorce proceedings being filed. Court intervention would only be necessary if couples are unable to settle disputes over financial claims, but this is still a last resort and before they get to this stage, they will have had to have tried other options such as mediation.
      Myth 2 – Divorce is always expensive.Costs can escalate quickly when it comes to resolving financial claims, especially if spouses cannot agree and take the case to court. However, they can undertake the divorce proceedings themselves to avoid incurring legal fees, alternatively many solicitors offer a fixed fee to act in divorce proceedings which will not be disputed.
      Myth 3 – Celebrities are special and so get ‘quickie’ divorces.The court processes divorce petitions in the order in which they are received. No divorces are singled out to be rushed through.
      Myth 4 – Assets are always shared equally on divorce.The starting point for division of assets is a 50/50 split, this is known as the ‘yardstick of equality’. However, it will not be appropriate in all cases to share the assets equally. There is no set formula which the court uses to make a decision, rather it has a list of factors it must consider and give weight to before arriving at a fair split. These include:

      the welfare of any minor child
      the income, earning capacity, and property each of the spouses has or is likely to have in the foreseeable future
      the financial needs, obligations and responsibilities which each of the spouses has or is likely to have in the foreseeable future
      the standard of living enjoyed by the family
      the age of each spouse and the duration of the marriage
      any physical or mental disability of either spouse
      the contributions which each of the spouses has made or is likely to make in the foreseeable future to the welfare of the family, including contributions in looking after the home or family
      the conduct of each spouse, if that conduct is so bad that it would be unfair to disregard it
      and finally the value of any benefit which a spouse will lose by reason of the divorce e.g. a pension.

      Myth 5 – Once you receive a Final Order that’s it.Unless there is an approved court order dealing with the financial claims spouses have as a result of their marriage, then either spouse could make a future claim against the other’s assets, even several years after they have been divorced. Having a Final Order does not end financial claims. There must be a court order that provides for a clean break.
      Myth 6 – There is an automatic right for the mother to have the children living with her upon separation.Upon separation it is for the parents to decide who the children will live with and how much time they will spend with the other parent. A court will not become involved unless the parents cannot agree, and they ask the court to make the decision for them. If a court does become involved its decision is based upon what it thinks is in the best interests of the child, and it has a checklist of factors to measure this against.
      As society changes, parenting roles are evolving from traditional norms and in more and more cases, fathers are taking a greater role in the care of their children, it is no longer unheard of for children to live with their father upon separation. There is no ‘standard’ arrangement for parents to follow when agreeing how much time children will spend with their father or mother once a relationship has broken down.
      The arrangements may differ during holidays and term time, and they normally evolve over time and as the children grow older. 50/50 shared care is becoming a more common arrangement between separated parents.
      Myth 7 – The parent with ‘custody’ of a child has greater rights than the other.Who a child lives with has no bearing on each parent’s role in making important decisions in the child’s life, or their role in caring for the child provided they each have parental responsibility.
      If both parents have parental responsibility, they both have an equal say in all the important decisions in the child’s life, for example in relation to education, medical treatment, religion, and property. The child’s mother automatically has parental responsibility for the child. The father will have parental responsibility if he was married to the mother at the time of the birth, if he is named on the child’s birth certificate, or if he has a Parental Responsibility Agreement with the mother or an order from the court.
      Myth 8 – If they are not receiving child maintenance, the parent with whom the child is living can stop the other parent seeing the child.There is no legal basis to stop the parent who must pay child maintenance from seeing their child if they stop paying. The remedy is to contact the Child Maintenance Service for a calculation.
      Myth 9 – Unmarried women have rights over property as Common Law Wives.There is no such thing as common law marriage in the UK, and so there is no automatic right to share assets between unmarried couples upon relationship breakdown. If a couple is going to cohabit or buy a property together it is important for them to obtain legal advice on what shares they will each have in that property and how this will be recorded.
      Get in touch
      For more information about divorce or separation please do get in touch with our Client Care Team using the details below or make an online enquiry More

    • 75 Shares179 Views

      in Children

      Mediation and the Family Courts backlog

      by

      The Family Justice System is currently undergoing significant changes to try and reduce the strain and backlog faced by the family courts.
      The introduction of no-fault divorce and extended funding for mediation for disputes concerning children (£5.38million this financial year, raising the total invested in the scheme to £8.68million since March 2021) demonstrates a continued commitment to resolving matters away from the court arena. 
      The Family Mediation Council (FMC) voucher scheme introduced in March 2021 provides families in England and Wales with a £500 voucher to put towards the cost of mediation. The vouchers can be used by parents attending meditation to discuss the care of their child or children. By enabling divorcing couples and parents to resolve their disputes without litigation, it will enable the court to utilise its limited time on cases that require the adjudication of the court.  
      The emphasis on mediation and no-fault divorce is reflective of the desire for most separating couples to deal with the practical consequences of their separation in a private and constructive way. 
      Since the introduction of no fault divorce, the number of divorce applications have increased; HMCTS received 3,000 divorce applications in the week following the introduction of reforms in April, which is a 50% rise on the weekly average. 
      This demonstrates people’s desire to wait for the law to change, so that they can proceed in this new neutral non-adversarial way.  There is no longer a requirement to provide a reason for the marriage coming to an end, giving people greater respect for their private life, as well as removing the blame element of divorce previously seen. 
      This change in law sets a more amicable tone from the start, and therefore places people in a better position to make decisions about the children and their finances.
      Cafcass statistics show that in 2020/21, there were 97,496 children involved in private children proceedings, an increase of 23.1% since 2016/17. In public law, there were 143,129 children, an increase of 16.4% since 2016/17, with cases taking an average of 45 weeks to conclude. 
      These increases are not sustainable, for the courts or for the families facing long delays. The need to reduce the number of families in the Family Justice system is vital. The focus on solutions achieved through agreement benefits both families, and the Family Justice System, and the court are increasingly robust at encouraging parents to consider alternatives to litigation. 
      Recently in the case of Re B (a child) (Unnecessary Private Law Applications), his Honour Judge Wildblood QC said:
      ‘Do not bring your private law litigation to the family court here unless it is definitely necessary for you to do so,’ he said. ‘You should settle your differences (or those of your clients) away from court, except where that is not possible. If you do bring unnecessary cases to this court, you will be criticised, and sanctions may be imposed upon you.’
      The commitment to further funding for mediation follows research that mediation helps families reach solutions and outcomes that are best for their children. 
      The FMC conducted a survey which showed that mediation is successful in over 70% of cases. The funding enables parents to access mediation in circumstances where it would otherwise be unaffordable, and encourages people to proceed with this option. 
      It has raised the profile of mediation, as FMC research further showed that after an initial meeting, three quarters chose to mediate, and that 
      “This is despite the fact that many don’t know anything about mediation, or think their partner is so unreasonable that mediation will never work”. 
      It should not be surprising to hear that parental preference is to reach an agreement, rather than battle it out in court, and ultimately receive an order imposed upon them by a Judge who doesn’t know them or more importantly their child. 
      Most parents are acutely aware that while their marriage or relationship has come to an end, their relationship as parents has not. And however, hard it may be for them as an individual, as a parent they want to do the best for their child. 
      The option to attend mediation provides parents with the opportunity to communicate, explore the issues, discuss the options and resolve the matters that are important to them. 
      A Judge is unlikely to hear arguments on the appropriate amount of screen time for a child, the choice of gifts each parent buys for their birthday, or how the parents will explain to their child about their new routine now that their parents live apart. 
      All these things can be discussed and agreed upon in mediation. As one Judge said recently: 
      “I cannot order people to be nice. However, in mediation, parents can discuss matters and hopefully improve their communication so that they have the tools to resolve disputes, thus avoiding court now and in the future. The court must make decisions in the best interests of the child. However, court proceedings are often protracted, emotionally and financially expensive, and consequently damaging to the child and their parents. 
      Mediation is not appropriate in every case, nor is it always possible for parents to reach agreements. We need our Family Justice system to work effectively and efficiently for those families. 
      For example, in cases where there are allegations of domestic abuse, safeguarding concerns such as drug or alcohol abuse, parental alienation or protracted disputes. The court is a finite resource, but there must be access to our Family Justice System. 
      Lord Neuberger said access to justice “has a number of components. First, a competent and impartial judiciary; secondly, accessible courts; thirdly, properly administered courts; fourthly, a competent and honest legal profession; fifthly, an effective procedure for getting a case before the court; sixthly, an effective legal process; seventhly effective execution; eighthly, affordable justice.”
      The focus on dispute resolution options, such as mediation, is not designed to take away access to justice, but to create a Family Justice System that provides families with options to resolve their disputes in a way that is most appropriate for their circumstances. 
      The introduction of no-fault divorce and continued funding for mediation enables the focus to move from conflict and confrontation to communication and solutions, and enables our Courts to work more effectively for those who need to litigate. 
      Previously published on LawNews More

    • 88 Shares129 Views

      in Children

      Travelling abroad with children after divorce FAQs

      by

      While there is much to organise when travelling abroad with your family, if you are a separated parent or you have a different surname to that of your children, there are some additional factors to consider to help ensure you have the appropriate permission and can avoid potential issues. Stowe Senior Associate Zoe Carter has compiled a list of FAQs to guide you through travelling abroad with children after divorce.
      Do I need permission from my ex-partner to travel abroad with our children after divorce?
      Yes. You must have permission from those with parental responsibility for the child, to take them abroad.
      The only exception to this is where the parent travelling with the child or children has a child arrangement order stating that the children must live with them. In this instance, they can take the child aboard for up to 28 days without the consent of the other parent.
      Why do I need permission from my ex to travel abroad with our children?
      Where you have shared parental responsibility for your children, it’s essential to obtain permission to take your children abroad. Failing to do so could lead to criminal charges for child abduction.
      What is classed as ‘abroad’?
      Abroad is defined as anywhere outside of the UK. The UK does not include the Channel Islands or Isle of Man.  There are 4 countries that form the UK: England, Wales, Scotland and Northern Island. However, it’s worth remembering that they do not all share the same legal system. If you remove a child from one legal system within the UK to another legal system, this may effectively amount to going “abroad” such as travelling from England or Wales to Scotland.
      How do I get permission from my ex to travel abroad with our children?
      You can obtain permission to travel aboard with your children directly from your ex-partner or through solicitors if more appropriate. Permission should be given in writing.
      How do I know if I have parental responsibility for my children?
      Parental responsibility is automatically given to mothers and is given to fathers who are either named on the birth certificate of the child or married to the mother when the child is born. Parental responsibility can also be granted via court order or by entering into a Parental Responsibility Agreement.
      If you are the only parent with parental responsibility and there are no orders in place, permission is not needed from your ex-partner to travel abroad with your child.  It is however recommended that you advice them of your plans.
      What documents should I take with me when I travel?
      You could be asked for evidence of your permission to travel with your children and your relationship to them, at a UK or foreign border. So, to avoid unwelcome issues and ensure that you’re prepared it’s advisable that you take all of the relevant documentation. This includes:

      Written consent to the trip from your ex-partner – ideally with a copy of the their passport
      Proof of your own relationship with the child such as their birth or adoption certificates
      Divorce or marriage certificate if your surname is different from your child’s
      Full contact details of the consenting parent
      The specifics of your trip.

      While this sounds like a lot of preparation, and risky carrying important documentation, without the relevant paperwork you may find yourself refused entry into your destination of choice.
      Can I travel abroad when I have a different surname to my child?
      It is common for parents to have different surnames to their children. However, there are still instances where parents with different surnames to their children are questioned by UK or overseas border control and asked to provide evidence that they are legally travelling with their children. Understandably, these checks are to prevent child abduction but nevertheless can cause disruption to consensual family holidays.
      Carrying the right documentation can help to alleviate potential stress, upset, or even a missed flight! Official agencies will need to be satisfied with your relationship with the child, so it’s advisable that you carry:-

      Your child’s birth or adoption certificate
      Proof of name change – if your name has changed since your child was born you may also need to take evidence such as a change of name deed or marriage certificate
      It may also be beneficial to carry an expired passport, if this is in the name you held at the time of your child’s birth.

      Depending on the age of your children, It may also be worth giving them some warning that they could potentially be asked questions by immigration officials and to reassure them that they do not need to worry and should answer honestly.
      Is there a limit on how long I can go away for?
      There can arguably be no limit on the duration of your holiday, provided you have the permission of your ex-partner who also has parental responsibility for your children.
      If you have an order which states that the child lives with only you, unless the court order says you can’t, you can take your child abroad for 28 days without permission of the other parent.
      What if my ex won’t agree?
      If your ex-partner has parental responsibility and does not consent (and you do not have an order confirming the child lives with only you) you will need to make an application to court for the court’s permission before you can travel.
      The court will consider whether the holiday is in the best interests of the child and, in most cases, will grant permission for abroad travel provided there are no concerns about a child not being returned.
      Useful Links:
      UK Gov – Permission to take your child abroad
      Travelling abroad with your children
      Get in touch
      For more information about travelling abroad with your children after divorce or separation please do get in touch with our Client Care Team using the details below or make an online enquiry More

    • 50 Shares189 Views

      in Children

      UK surrogacy law FAQs

      by

      Stowe Senior Associate Liza Gatrell, experienced Surrogacy Lawyer, has compiled a list of surrogacy FAQs for those looking into seeking the help of a surrogate as a way of creating their family. 
      Though surrogacy can be legally complex and emotionally charged, it is an increasingly popular, and for many people necessary, route to parenthood. Year on year the number of parental orders made in this country is increasing, although the number of surrogacy arrangements may be far higher than any of us can predict. Whilst change is afoot surrogacy law in the UK remains unduly complex. Here’s a list of questions that I get asked often, to help add clarity to Surrogacy Law.
      What is surrogacy?
      Put simply, surrogacy is where a woman carries and gives birth to a child for another person, or couple. There are two difference types of surrogacy arrangement:
      Traditional surrogacy – the surrogate is artificially inseminated with the intended father or donor’s sperm. The surrogate not only carries the child, but she also donates her egg and as such she is biologically related to the child.
      Gestational surrogacy – the surrogate is implanted with an embryo via IVF and therefore she is not biologically related to the child. Often the sperm and egg of the intended parents will be used, which means that the child will be biologically theirs. Donor egg or sperm can be used if this is not possible. It is possible to use donor egg and sperm, but this will impact on your ability to apply for a parental order.
      Is surrogacy legal in the UK?
      Yes, it has always been legal to enter into a surrogacy arrangement in the UK. However, there are various rules and regulations which need to be carefully considered. Surrogacy contracts are unenforceable, which means that there must be a great deal of trust between all parties to the arrangement. It is also against the law for a third party (such as a solicitor) to take payment for negotiating a surrogacy contact.
      How do I find a surrogate?
      There are several non-profit organisations in the UK who can help.  The most well-known are Surrogacy UK, Brilliant Beginnings and COTS. It is also not uncommon for family members or friends to offer their help.
      What is a surrogacy agreement and are they binding?
      A surrogacy agreement formally records how intended parents and surrogates want their arrangement to work, providing clarity and a mutual understanding of their respective commitments. However, surrogacy agreements are not enforceable in the UK and the intended parent(s) will need to apply to the court to become the legal parents of the child.
      Is it legal to pay our surrogate?
      Contrary to popular belief, it is not illegal to pay a surrogate mother for her services in the UK. However, during the parental order application, the court will need to authorise any payments made over and above the expenses she has reasonably incurred. There is no definition of reasonable expenses, which means the court must decide what is reasonable in each case. The court often takes quite a relaxed approach and there is a history of the High Court approving payments in international cases that more than covers expenses.
      Can the intended parents be named on the child’s birth certificate?
      The birth certificate must reflect the legal position at birth. This means that the surrogate will always be named on the birth certificate in the UK. Whether one of the intended parents can be named will depend on whether the surrogate is married/ in a civil partnership and the circumstances surrounding insemination.
      What is a parental order?
      A parental order makes the intended parent(s) of the child the legal parents and it permanently removes the legal parenthood of the surrogate and her spouse. Once the order has been made the birth will be re-registered and the original birth certificate will be sealed and only accessible to the child once they are over 18.
      The court process can take between 4-12 months and will usually involve 1 or 2 court hearings.
      Can the surrogate change her mind and try to keep the baby?
      The surrogate remains the legal parent up until a parental order is made. The surrogates consent is also required before a parental order can be made. Many intended parents worry about what would happen if the surrogate wanted to keep the baby, but cases of this happening are incredibly low. The surrogate can also be concerned that she may be left holding the baby if the intended parents change their mind, or their circumstances change.
      What are the most common overseas surrogacy destinations?
      The most popular destinations for surrogacy arrangements abroad are US, Canada, Georgia, Greece and historically include Ukraine. It is important to do extensive research before embarking upon a surrogacy arrangement abroad. Your marital status and gender may dictate the options available to you.
      It is important that you ensure that you comply with the law in the UK and your destination country.
      If I am named on the foreign birth certificate/ post birth order will I be recognised as the legal parent in the UK?
      No. In the UK the surrogate will always be the legal mother. Whether one of the intended parents can be recognised as the legal parent at birth will depend on the surrogate’s marital status and the circumstances surrounding the insemination.
      Will my child be a British Citizen?
      This depends. If it can be proven that the surrogate is single, and the biological and legal father is British, then he passes British Citizenship automatically to the child. This means that you can go ahead and apply for your child’s British passport.
      If not, then an application for British Citizenship will need to be made first. There is a substantial fee for this and the process is lengthy.
      How will I bring my child home?
      The child will not necessarily be British at birth, even if one or both of the intended parents is British. Where the child is British an application will need to be made for a British Passport. These applications can be lengthy and often attract scrutiny. If a passport is issued, then the child can travel back to the UK using their British passport.
      If the child is not British at birth, you may need to make an application to register the child as British. This too can be a lengthy process. Once the child has been successfully registered, they will be issued with a Certificate of Registration, which can then be used to apply for a British passport.
      In some countries, such as the USA and Canada, your child will be recognised as a citizen in the destination country. This means that they can travel back to the UK on a local passport. You will just need to ensure that you apply for a British passport before the visa expires.
      If my child is born abroad, do I need to be in the UK before I make the application for a parental order?
      No, you don’t. The application for a parental order needs to be submitted within 6 months and this can be done whilst you are still abroad.
      Get in touch
      For more information about Surrogacy please do get in touch with our Client Care Team using the details below or make an online enquiry More

    • 113 Shares149 Views

      in Family Law

      Child Arrangements Orders – what you need to know

      by

      A Child Arrangements Order is a legal court order that helps to ensure the welfare of children. They are most commonly used in cases where divorcing or separating parents have not been able to agree who their children will live with, or how they will see each parent. Here Stowe Solicitor Zoe Carter explains more.

      What is the purpose of a Child Arrangements Order?
      The purpose of a Child Arrangements Order is to legally define with whom a child is to live (previously termed residence) and with whom they should spend time (otherwise known as contact). This essentially sets out who has the responsibility for care of the child and when. Whilst Child Arrangements Orders replace ‘residence orders’ and ‘contact orders’, parents with these previous types of orders do not need to re-apply for a new order.
       
      What does a Child Arrangements Order cover?
      The Child Arrangements Order will cover who the child/children will live with and how and when they will see each parent. For example, it may say that the child/children should live with both parents on a shared care basis, or it may say they should live with one parent and spend weekends with the other. It will also likely cover arrangements for holidays including trips abroad and school holiday periods.
      A Child Arrangements Orders can also set out other types of contact and frequencies including phone or video calls, and letters and cards.

      Who can apply for a Child Arrangements Order?
      There are 2 categories of people that can apply:
      1 Those who have an automatic right to apply – this includes:
      a) Any parent regardless of whether they have Parental Responsibility or not (whether they are named on the birth certificate)
      b) A Step-parent (including those in a civil partnership);
      c) Any person with whom the child has lived for at least 3 years (this does not have to be continuous)
      d) A Local Authority foster parent
      e) A relative of a child who has lived with them for a period of at least one year preceding the application (for this purpose, a relative is deemed to be a grandparent, sister, brother, aunt or uncle)
      f) If you already have a child arrangements order in your favour, you can also apply straight away.
      2 Those required to have Leave (the courts permission) to apply. This covers anyone not automatically entitled to apply in section 1 above. Usually, this category would cover anyone in the child’s life that does not have Parental Responsibility which would typically include grandparents – unless they are considered a guardian for the child, they will need Leave of the court.
      The court will consider a number of  factors when deciding whether or not to grant leave including the nature of the application; the applicant’s relationship and connection with the child, any risk that the proposed application may disrupt the child’s life to such a degree that the child would be harmed, if a child is being looked after by a Local Authority the court will also consider their plans for the child’s future and wishes/feelings of the parents.

      When should I apply for a Child Arrangements Order?
      A Child Arrangements Order should be applied for when an agreement cannot be reached on the care of the child.
      Before an application is made it is important to try and agree arrangements with the other party.  Mediation can also assist parties in trying to reach an agreement, however if it is not possible to agree, then it will be necessary to issue an application for a Child Arrangements Order. In most cases, before an application is made to the court parties are required to attend a Mediation Information Assessment Meeting (MIAM) to establish whether the parties might be able to reach an agreement, rather than going to court.

      Is a Child Arrangements Order legally binding?
      A child arrangements order is legally binding on the parties until the child reaches 16 (or 18 in exceptional circumstances).
      If either parent breaches an order and does not comply with the terms, this amounts to contempt of court and there can be very serious consequences including fines, an order for compensation to be paid, community service and even imprisonment.

      Can a Child Arrangements Order be changed?
      Yes – an application can be made to the court to vary a Child Arrangements Order if the order is no longer fit for purpose or in the child’s best interests.
      It is important that an application is made to vary the terms of an Order rather than breaching the order. If you breach an order the other party can apply for the enforcement of the order, and you could be held to be in contempt of court. If this happens you could face serious consequences including fines, an order for compensation to be paid, community service and even imprisonment.

      How will no-fault divorce affect Child Arrangements Order?
      No-fault divorce will have no impact on any Child Arrangements Orders and will not affect how the court considers what is in the best interests of the child.
      However, the introduction of no-fault divorce removes the requirement to assign blame during the divorce process, which typically caused increased animosity and unnecessary conflict between parents, creating an unnecessary knock-on effect for children. Enabling couples to divorce without blame creates a more amicable foundation from which to move forward, meaning that separating parents can prioritise the future arrangements for their children.

      Get in touch
      If you would like more information on Child Arrangements Orders please do get in touch with our Client Care Team using the details below or make an online enquiry More