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      in Children

      A complete guide to no-fault divorce

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      As no-fault divorce draws closer we look at how this family law reform will work, what has changed, and what the benefits are.

      What is no-fault divorce?
      No-fault divorce is the name given to the divorce law reform being introduced in April 2022 in England and Wales that removes the need for blame as a basis for divorce.

      What was divorce like before no-fault divorce?
      Previously, even if both partners mutually agreed that the marriage was over, no wrongdoing had taken place, or both parties were equally ‘at fault’, there was a legal requirement to assign blame to just one party if they wished to divorce in under two years (the minimum separation period).
      Based on the five grounds for fault-based divorce, couples had to spend a minimum of two years separated before they could file for divorce. The alternative was to cite behaviour or adultery as their grounds for divorce to demonstrate that their marriage had irretrievably broken down, but they then had to assign blame to one party, making allegations and disclosing the full details in their divorce application.

      What were the five grounds for divorce?

      Behaviour – The most common grounds for divorce as it covered many types of ‘unreasonable behaviour’ and, while details of the behaviour were necessary, it didn’t require admission from your ex-partner.
      Adultery – which included the need for either your ex-partner to formally admit to sex with someone else , or for you to prove it had occurred. In addition, the law’s definition of adultery only referred to opposite-sex affairs, so could not be applied if your ex was in a same-sex relationship.
      Separation, two years – You have lived apart for two years, and the other party consents to the divorce.
      Separation, five years – In this case, the consent of the other party to the divorce is not required.
      Desertion – fundamentally different to separation; it referred to abandonment.

      How is no-fault divorce different?
      With no-fault divorce the only ground for divorce is that your relationship has ‘irretrievably broken down’. No other justification is needed to grant divorce.
      You are no longer required by law to apportion blame to either you or your ex, fit your reasons for separation into one of the five reasons for divorce, formally accept blame if a divorce petition has been made against you, or provide proof of wrongdoing to support your application. You will also no longer be able to contest a divorce if you are the respondent.
      In addition, under the new divorce law, if you and your partner both agree that your marriage has broken down irretrievably, you will be able to make a joint application for divorce.

      Why is no-fault divorce being introduced?
      Every relationship is unique, as are the reasons that marriages breakdown. Often the reason for the end of a marriage is the accumulative result of a combination of factors felt by both parties, rather than the deliberate actions of just one.
      To have to distil years of unhappiness into one crystallised reason, and attribute blame to just one party, is unconstructive at best and can destroy what’s left of the relationship at a time when cooperation is needed most.
      No-fault divorce paves the way for amicable collaboration, rather than conflict and stress, helping to reduce the overall mental health impact of separation and ease negotiations. It means parties can find a way to both move forward positively, and allows them to focus on the central issues, such as children, finances, and property.

      How does no fault divorce work?

      Under the new law you, or you and your spouse, can make an application for divorce on the grounds that your marriage has broken down irretrievably.
      After a minimum of 20 weeks, the applicant(s) can confirm that they wish to proceed with the divorce.
      The court can then make a Conditional Order (previously called a Decree Nisi).
      After a minimum of 6 weeks, the court can make the Final Order (previously called a Decree Absolute).

      How long will a no-fault divorce take?
      While the new divorce process can take a minimum of 26 weeks, this does not factor in the time needed for administration, processing, and negotiations.
      It was estimated that a typical uncontested fault-based divorce could take anywhere between six to eight months, and it is expected that the no-fault divorce process will take a similar amount of time.

      What are the benefits of no-fault divorce?
      Divorce is difficult enough without the need to assign blame, which ultimately only makes things more difficult.
      No-fault divorce means:

      You no longer need to navigate agreeing which one of you should be ‘blamed’
      You don’t need to air the sensitive details that led to the end of your marriage
      There’s no need to gather enough unpleasant behaviour to qualify as ‘unreasonable’
      Respondents can no longer contest the application (although there will still be some reasons why the courts ability to deal with the divorce can be challenged)
      Conflict is reduced and puts couples in a better position to move forward
      Domestic abusers cannot contest divorce, effectively trapping their spouse
      Relationships are more likely to be amicable between parents post-separation, creating a more positive home environment for children
      Couples no longer have to wait 2 or 5 years to evidence prolonged separation, allowing them to move on sooner
      As before, no divorce and dissolution applications can be made during the first year of marriage.

      Are there any disadvantages of no-fault divorce?
      The aim of no-fault divorce is to make the divorce process simpler and less harmful to relationships. However, in some cases, apportioning blame can feel just and a way to hold an ex-partner accountable for wrongdoing. For example, in cases where one partner has committed adultery, or has been abusive, the no-fault based divorce process provides a way for them to divorce without the partner at fault accepting responsibility.

      Will a no-fault divorce affect what I am entitled to?
      No. Even before no-fault divorce, it was rare for the circumstances that led to separation to have any impact on the outcome of the divorce, such as division of financial assets and property or child arrangements. This will not change under no-fault divorce.
      However, it’s likely that by avoiding the need for blame couples will be able to reach amicable and mutually favourable agreements more easily.

      How will no-fault divorce affect financial settlements?
      No. Divorce does not automatically end a couple’s financial commitments to each other. It’s vital that divorcing couples resolve their finances by reaching a financial settlement which is then transferred to a legally binding court order. No-fault divorce will not change this or impact the outcome.
      Reaching a financial settlement can take time and it’s hoped that the introduction of the 20 week ‘cooling off’ period within the no-fault divorce process will allow parties ample time to resolve the finances of their marriage before the divorce is finalised.

      How will no-fault divorce impact child arrangements?
      Parents who divorce must come to an agreement about what’s best for their children. A Child Arrangement Order covers who the child/children will live with and how and when they will see each parent.
      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. With reduced acrimony and conflict, no-fault divorce paves the way for a more positive future for families with divorced parents.
      Reaching an agreement on child arrangements can take time and it’s hoped that the introduction of the 20 week ‘cooling off’ period within the no-fault divorce process will allow parties ample time to explore and resolve before the divorce is finalised.

      When does no-fault divorce become law?
      No-fault divorce will begin on Wednesday 6th April 2022. From that date, the no-fault based process will apply to all divorce applications in England and Wales.
      Find a list of no-fault divorce key dates here.

      Get in touch
      For more information on no-fault divorce please do get in touch with our Client Care Team using the details below or make an online enquiry More

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      in Children

      Routes to single parenthood explained

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      Single parenthood
      For so many people, becoming a parent is not easy, whether it’s because they’re in a same-sex relationship, have had alternative priorities until now, or have experienced fertility challenges. But what if you are single, and either haven’t found a partner yet, or you have made the decision to become a solo parent? Happily there are alternative routes to parenting. In fact, it is becoming increasingly common for people who haven’t had children yet, and are single in their 30s and 40’s, to seek alternative routes to parenthood.
      So, what are your options if you want to become a parent while single? Liza Gatrell, Senior Solicitor at Stowe Family Law explains more.
      Adoption
      One route to parenthood for single parents is adoption. You can apply for adoption as a single man or woman. The eligibility criteria for adoption in the UK is quite broad. You can apply to adopt in the UK if:

      You are over 21 (there is no upper age limit)
      You have not have been convicted of any “specified offences”, which are offences against children and sexual offences
      You must have a fixed and permanent home in the UK and have lived in the UK for at least 1 year before you begin the application process.

      Your suitability also needs to be approved by an adoption agency. This means that a range of factors will be considered when establishing your eligibility for adoption, such as your age and health – agencies will expect you to have the health and vitality to see children through to independence, support network, religion, financial circumstances and ethnic background.
      Surrogacy
      Since the 3rd January 2019 a change in the law has meant that parental orders can be applied for by single parents. A parental order gives legal parenthood to the intended parents of a surrogate child and extinguishes the parental status of the surrogate. For a single intended parent to be able to apply for a parental order it is a requirement that they are the child’s biological parent, which inevitably will exclude some people.
      For single intended dads, if your surrogate is married then under current law her spouse or civil partner will automatically be recognised as the child’s second legal parent and you cannot be named on the initial birth certificate. If your surrogate is not married, then you can be the second legal parent and immediately be named on the birth certificate. Either way you will still need to make a parental order application to extinguish the surrogate’s parental status.
      For single intended mums, the surrogate will always be the child’s legal parent at birth, even if you are the biological mother and named on a foreign birth certificate. The biological father will also be the legal father if no Human Fetilisation & Embryology Authority (HFEA) clinic forms are signed.  If a HFEA clinic is used, and the surrogate is not married/ does not have a civil partner, then the intended mother can be nominated as the other parent by using specific forms.
      Donor Conception
      Whilst this isn’t an option for everyone, many single women turn to sperm donors each year to make parenthood a reality.
      In the UK sperm (and egg) donation services are provided by HFEA regulated fertility clinics, but there are also donor-matching websites, and some people do make their own arrangements.
      If you use a HFEA clinic then donors will be screened, donors can only be paid for their expenses, each donor can donate to no more than 10 families, donors and parents must be offered counselling and the donor can withdraw their consent up to the point they are transferred into someone else’s body.
      An important difference between using a HFEA clinic and a private arrangement, is the legal status of the donor. If a HFEA clinic is used, then the donor has no legal rights towards the child. Information is kept on record and anyone over the age of 16 can ask the HFEA whether they were conceived with donor eggs or sperm at a clinic in the UK after 1991 and request any non-identifying information held. Some donor-conceived people can also ask for identifying information about their donor once they are 18. This will apply to all conceptions from the 1st April 2006.
      If you choose to use a known donor then it is advisable to have a pre-conception agreement drawn up. This allows you to have very open and honest discussions and set expectations before conception takes place. Most disputes are born from mismatched expectations. Whilst such an agreement is not legally enforceable, they set out clearly what the intentions were and can carry weight in court.
      If you use a known sperm donor, and don’t go through a HFEA clinic, then the law will dictate who the legal parents will be. The birth mother is always the legal mother and must be registered on the birth certificate, the other legal parent is either their spouse/ civil partner or possibly the biological father. As a single mother using known donor sperm, you will need to decide whether to register the second legal parent on the birth certificate, which means that they would then share parental responsibility automatically.
      Co-parenting partnerships
      If the idea of being a single parent is not for you, then a co-parenting partnership could be the answer. Instead of becoming single parents by choice, this growing trend means that singles meet online with the sole objective of raising a child together platonically.
      There are a variety of websites, such as Modamily and Co-Parent Match, which assist those who are ready to become a parent but either don’t want to use sperm banks or are looking for someone to co-parent with.
      You may know a choose to enter into such an arrangement with a friend. If you are considering going down this route then I recommend that you do your homework, especially if your co-parent is someone you have not known for a long time. As many separated parents will tell you, co-parenting across two households takes a lot of communication and shared values so ensure that you are both on the same page.
      Get in touch
      For more information on alternative routes to parenting, please do get in touch with our Client Care Team using the details below or make an online enquiry More

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      in Children

      The best books to help children understand divorce

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      It is regularly quoted that close to 50% of marriages end in divorce, but for the families behind the statistics it is incredibly new and unsettling. For children, it can be an especially confusing and worrying time. Reading books about divorce and separation with your child is a helpful way to support them through divorce, explain what’s happening now and prepare for the future.
      By exploring the themes through the eyes of other children in age appropriate books they can better understand their circumstances and emotions, and feel reassured that they are not alone, it’s not that fault and that change can be for the better.
      I have seen the positive impact reading can have on children dealing with the divorce process. Here is a list of books that I have used when working with clients and their children:
      Books for older children (recommended 9+)
      The Suitcase Kid by Jacqueline Wilson
      When my parents split up they didn’t know what to do with me . . . My family always lived at Mulberry Cottage. Mum, Dad, me – and Radish, my Sylvanian rabbit. But now Mum lives with Bill the Baboon and his three kids. Dad lives with Carrie and her twins. And where do I live? I live out of a suitcase. One week with Mum’s new family, one week with Dad’s.
      Deals with: having two homes, blended families
      Goggle Eyes by Anne Fine
      Kitty Killin is not only a good storyteller but also the World’s Greatest Expert when it comes to mothers having new and unwanted boyfriends. Particularly when there’s a danger they might turn into new and unwanted stepfathers…
      Deals with: new partners, step-parents
      Mum, Dad Can You Hear Me? By Despina Mavridou
      Irene, is a 10-year-old girl whose parents are getting a divorce. In the midst of her confusion and helplessness, Irene turns to her diary to express her feelings and better process her parents’ divorce. With the help of her grandmother and her teddy bear she finds a way to make her parents listen to her.
      Deals with: expressing emotions
      Clean Break by Jacqueline Wilson
      Em adores her funny, glamorous dad – who cares if he’s not her real father? He’s wonderful to her, and to her little brother Maxie and sister Vita. True to form at Christmas, Dad gives them fantastic presents, including a real emerald ring for his little Princess Em.
      Unfortunately, he’s got another surprise in store – he’s leaving them. Will Dad’s well-meaning but chaotic attempts to keep seeing Em and the other children help the family come to terms with this new crisis? Or would they be better off with a clean break – just like Em’s arm?
      Deals with: rejection, absence, step-parents
      It’s not the end of the world by Judy Blume
      Karen’s parents have always argued, and lately, they’ve been getting worse. But when her father announces that they’re going to get divorced, it seems as if Karen’s whole world will fall apart. Her brother, Jeff, blames their mum. Her kid sister, Amy, asks impossible questions and is scared that everyone she loves is going to leave. Karen just wants her parents to get back together. Gradually, she learns that this isn’t going to happen – and realizes that divorce is not the end of the world.
      Deals with: family conflict and separation
      Books for younger children (recommended 3-8 yrs)
      Mum and Dad Glue by Kes Gray
      A little boy tries to find a pot of parent glue to stick his mum and dad back together. His parents have come undone and he wants to mend their marriage, stick their smiles back on and make them better. This rhyming story is brilliantly told with a powerful message that even though his parents may be broken, their love for him is not.
      Deals with: coming to terms with parents’ separation
      Where Did You Go Today? By Jenny Duke
      A little girl goes to the park with her dad and has a fantastic time climbing, swinging and sliding: the play transports her to imaginary locations, like sliding down a snowy mountain, sailing on a roundabout ship out to sea and racing on a camel in the desert while bouncing on her ride-on playground animal. Finally, it’s time for dad to take her home and say a cheerful goodbye to her and mum.
      Deals with: paternal separation
      The Family Fairies by Rosemary Lucas
      Rosemary’s primary aim was to provide the foundations for other adoptive families to help explain their own remarkable journeys… storytelling to help children understand that families come together in different ways.
      Deals with: the adoption process

      The Invisible String offers a very simple and reassuring approach to overcoming loneliness, separation, or loss with an imaginative twist that children easily understand.
      Deals with: separation anxiety, reassurance
      Two Homes by Claire Masurel
      In this award-winning picture book classic about divorce, Alex has two homes – a home where Daddy lives and a home where Mummy lives. Alex has two front doors, two bedrooms and two very different favourite chairs. He has a toothbrush at Mummy’s and a toothbrush at Daddy’s. But whether Alex is with Mummy or Daddy, one thing stays the same: Alex is loved by them both – always. This gently reassuring story focuses on what is gained rather than what is lost when parents divorce, while the sensitive illustrations, depicting two unique homes in all their small details, firmly establish Alex’s place in both of them. Two Homes will help children – and parents – embrace even the most difficult of changes with an open and optimistic heart.
      Deals with: parents’ separation, moving between two homes
      The Great Big Book of Families by Mary Hoffman
      What is a family? Once, it was said to be a father, mother, boy, girl, cat and dog living in a house with a garden. But as times have changed, families have changed too, and now there are almost as many kinds of families as colours of the rainbow – from a mum and dad or single parent to two mums or two dads, from a mixed-race family to children with different mums and dads, to families with a disabled member. This is a fresh, optimistic look through children’s eyes at today’s wide variety of family life: from homes, food, ways of celebrating, schools and holidays to getting around, jobs and housework, from extended families, languages and hobbies to pets and family trees.
      Deals with: change in family dynamics, non-traditional families

      Mum and Dad don’t live together any more. so sometimes this little girl lives with her mum and her cat. and sometimes she lives with her dad. She has two bedrooms and two sets of toys. but she takes her favourite toys with her wherever she goes.
      Deals with: parents’ separation, moving between two homes
      Books for very young children (2+)
      I’ll never let you go by Smriti Prasadam-Halls
      When you aren’t sure, you’ll feel me near,When you are scared, I will be here.When you are high, when you are low,I’ll be holding your hand and I’ll never let go.
      A tender and heartfelt picture book. With reassuring words offering a message of unconditional love, and illustrations bursting with exuberance, warmth and humour.
      Deals with: comfort and reassurance
      Living with mum and living with dad: my two homes
      Mum and Dad don’t live together any more, so sometimes this little girl lives with her mum and her cat, and sometimes she lives with her dad. She has two bedrooms and two sets of toys, but she takes her favourite toys with her wherever she goes. This simple, warm, lift-the-flap book with bold and colourful illustrations is a reassuring representation of separation for the youngest children. Melanie Walsh is sympathetically alive to the changes in routine that are familiar to many children who live with separate parents and are loved by both.
      Deals with: moving between homes, changes to routine
      The Family Book by Todd Parr
      Some families have two moms or two dads. Some families have one parent instead of two. Some families live in a house by themselves. Some families share a house with other families. All families can help each other be strong!
      The Family Book celebrates families and all the different varieties they come in. Whether they’re big or small, look alike or different, have a single parent or two, Todd Parr assures readers that every family is special in its own unique way.
      Deals with: looking at different kinds of families
      Guess how much I love you by Sam McBratney
      Sometimes, when you love someone very, very much, you want to find a way of describing how much you treasure them. But, as Little Nutbrown Hare and Big Nutbrown Hare discover, love is not always an easy thing to measure. The story of Little and Big Nutbrown Hares’ efforts to express their love for each other.
      Deals with: comfort and reassurance
      Useful links:
      The Book Trust: Best children’s books to help talk about divorce and separation
      Get in touch
      If you need support and advice on getting a divorce, please do get in touch with our Client Care Team at the details below or make an online enquiry More

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      in Children

      Making arrangements for children during Christmas

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      Child arrangements during Christmas
      After the past two years, time with loved ones has never felt so important, but for separated parents Christmas can be a time of tension, as plans need to be agreed about where and how children will spend the festive season. So how do you agree on arrangements for children during Christmas?
      We asked our Regional Director for Yorkshire, Rachel Roberts, to share her advice on child arrangements during Christmas.
      Child arrangements and Christmas
      As we approach Christmas, 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
      With the added uncertainty of another Christmas during the pandemic, trying to put in place arrangements for Christmas in advance is tricky.
      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 first published in 2018 and has since been updated.  More

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      in Children

      5 Tips for Parallel Parenting

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      Parallel parenting is a method used by divorced or separated parents who wish to continue to parent their children in parallel, whilst agreeing to limit contact and interaction with each other. This technique is particularly helpful in divorces that involve domestic abuse, high-conflict, or where communication is extremely difficult.
      Luisa Williams from My Family Psychologist explains more.
      5 Tips for Parallel Parenting

      Rebuilding your life when a relationship ends and healing from any emotional trauma you’ve experienced is difficult enough. Even when you’re ex was abusive, sometimes it’s impossible to cut ties for the sake of your child.  
      What is parallel parenting?
      Whilst co-parenting works by cooperation and continued communication, for some it gives your ex-partner the opportunity to continue to mistreat you. Instead, parallel parenting increases safety in challenging relationships by deliberately keeping communication to a bare minimum. 
      While major decisions can be agreed upon together, each parent adapts their parenting method when the child is in their care. It allows you to distance yourself from your ex without depriving your child of a parent and sets clear boundaries that prevent further abuse or conflict.
      The aim is to facilitate emotional healing from the relationship while prioritising your child’s needs and protecting them from conflict.  
      To give you the best start after divorce, here’s 5 tips for parallel parenting. 
      1. Create a parenting plan  
      It’s best to plan ahead to avoid disagreements. The more prepared you are and the more detailed the plan is, the less you’re likely to argue with your ex and the more minimal the contact is. Minimise stress for your child and ensure your safety by agreeing as much as you can in advance, including: 

      Agreeing timing of visits, including dates and start and end times, in writing.
      Establish how to handle cancellations, and when and how they should be communicated.
      Consider how often the child will see each parent?
      Who will attend your child’s functions or doctor visits?
      Agree who will drop them off and pick them up?
      Plan ahead to decide where your child will spend their holidays and birthdays?
      Choose a neutral location or even ask a family member or a trusted friend to pick your child for you.
      Set out financial responsibilities, and dos and don’ts.
      You can figure out logistics using email or another form of communication that doesn’t involve meeting face to face.  

       2. Let yourself heal
      Ideally, after separating from an abusive ex-partner, you’d cut contact and never see them again.  But when there are children involved, this is not always possible to eliminate them from your life completely. When some form of contact must remain, prioritise fulfilling your needs as well as supporting your child. Incorporate self-care into your routine to reduce stress and reconnect with your self. The best way to deal with the situation is by moving forward, so when you’re ready to, concentrate on your long-term goals. Focus on building resilience and reintroducing happiness to your life.  
       3. Accept the current situation
      Parallel parenting, and maintaining some contact with an abusive or difficult ex-partner after you’ve chosen to divorce, can be very challenging. It’s natural to struggle with negative emotions such as guilt, regret, shame and anger, and feeling as though things aren’t fair. You may find it hard to accept that your ex is still a parent to your child. Try to practice acceptance. Things are the way they are and all you can do is make the best out of the situation. Focus your energy on parenting your child and providing them with all the love and support they need. 
      4. Keep communication to the minimum
      Only communicate with your ex when it’s necessary. Agree to contact them via email or use a parenting app, and document every interaction. Keep your communication impersonal and matter of fact, discussing only topics that relate to your child and sharing no personal information or detail. Try not to let your ex provoke you or use your child as a messenger. It can be difficult not to ruminate on the relationship whenever an email pops up or whenever your child is spending time with them. Try to distance yourself and treat interaction with your ex as a business that’s necessary to keep your child happy.  
       5. Appoint a mediator
      If there’s a lot of resentment between you and your ex, or your safety might be compromised, it’s a good idea to appoint a professional mediator. Mediation helps divorced parents to align their intentions and focus on their shared priority, the child. With the help of mediation, divorced parents can make well-informed decisions, reduce conflict, and set out an effective and mutually beneficial plan for all members of the family.
      Parallel parenting can be challenging and confusing, and the details of an arrangement will depend on the individual situation. Consider getting advice from a professional.
      If you need help and support with parallel parenting you can contact My Family Psychologist, who offer specialised counselling services for adults, couples, and children as well as mediation services.
      Family Law Advice
      If you are in an abusive or high-conflict relationship and would like advice on your legal situation, please do contact our Client Care Team to speak to one of our specialist lawyers. More

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      in Family Law

      Who can adopt?

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      This week is national adoption week, and this year’s aim is to dispel misconceptions about who is, or is not, eligible to adopt. Stowe Adoption Lawyer Lucy Birch explains more:
      Challenging discrimination
      There have been a number of cases before the court in recent months surrounding adoption and the restrictions that some adoption agencies have attempted to place on who exactly is able to adopt/foster care.
      A recent case before the High Court was brought by an independent foster agency whose policies allowed only heterosexual evangelical Christians as potential foster carers.
      Ofsted had concluded that the foster agency’s policies breached the Equality Act 2010 and the Human Rights Act 1998 and required the agency not to discriminate on grounds of sexual orientation. The Court of Appeal agreed that the policy was unlawful discrimination and the foster agency’s appeal was dismissed.
      So, who can adopt?
      The law in England and Wales says that the following people CAN apply to the court to adopt a child/children:-

      Single people
      Married couples or civil partnerships applying jointly, whether of opposite sexes or the same sex
      Unmarried couples applying jointly, whether of opposite sexes or the same sex
      Step-Parents
      Foster carers
      The partner of the child’s parent

      You CAN apply to adopt in the UK if:

      Over 21 (there is no upper age limit)
      Married, living together, in a civil partnership, opposite-sex couple, same-sex couple or single
      Employed or on benefits
      Any ethnic or religious background
      Have children or not
      Own your home or live in rented
      Already adopted a child
      If you are disabled
      You are not a British citizen (although you must have a fixed and permanent home here and have lived here for at least a year before you begin the application process)

      You CANNOT adopt if:

      You, or an adult member of your family, have been convicted of a serious offence; for example, a crime committed against a child.

      Relationship matters
      For any couple to be considered as adoptive parents (married or unmarried) they must prove they have a stable and lasting relationship and that they can provide a loving family environment for a child.
      This is set out in the Adoption and Children Act 2002 and established via a combination of assessments including meetings with your social worker, personal references from friends and family, and completion of a series of preparation classes.
      Can I adopt if I’m under 21?
      The Act also sets out further conditions for prospective adopters in relation to age.
      An adoption order may be made on the application of a couple where both have attained the age of 21 years. Or alternatively, on the application of a couple where one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years, and the other has attained the age of 21 years.
      Living with adopted children
      There are also residence requirements. In the majority of cases, the child must have had their home with the prospective adopter for a minimum duration of time before the application being made. The duration depends on the route to adoption. They are as follows:-

      Local authority foster parents: The child must have lived with the adoptive parent(s) for the period of one year preceding the application. Although they can request permission from the court to apply within a shorter period.
      Step-parent adoption: The child must have lived with the adoptive parent(s) for the period of six months preceding the application.

      Partner of the child’s parent: the child must have had his/her home with them for at least three years preceding the application.

      The Legal process
      Once these conditions have been met, the legal process can begin.
      If you have chosen to move forward with adoption, the first step in the process is to notify the Local Authority of your intention to adopt and apply to the court for an Adoption order. This must be done in writing. The court application Form (Form A58) can be completed and sent to the court no earlier than 3 months after the date the Local Authority were notified of your intention to adopt. The legal proceedings will then be underway.
      For advice on the next steps in this process, contact Stowe’s specialist Adoption solicitors.
      Alternatives to adoption
      Finally, it should be noted that Adoption extinguishes the parental responsibility of the birth parents, therefore the court has to be satisfied that such a permanent step is in the best interests of the child.
      There may be other legal routes that are more appropriate, depending on the circumstances of the case. Such as a:

      Parental responsibility agreement
      Child arrangement order
      Special guardianship order

      The exploration of these various routes require expert legal advice.
      As a family law solicitor, I specialise in adoption cases. I’m trained to manage the legal process of adoption and other alternative routes to parenting.
      If you’re considering adoption, or have begun your application to adopt, and would like to find out more you can contact Stowe’s specialist Adoption solicitors.
      Useful Links
      Download our guide to adopting a child PDF
      Stowe Family Law’s Adoption Services
      Blog: The Adoption Process More

    • 88 Shares129 Views

      in Family Law

      Step-parent adoption: Insight from a family lawyer

      by

      This National Adoption Week, we share insights into step-parent adoption during the pandemic from Stowe family lawyer, and adoption specialist, Shanika Varga-Haynes:
      Step-parent adoption
      It is difficult to find any official statistics on the number of step-parents adoptions taking place in the UK with the figures focusing on the number of children being adopted out of the care system. 
      However, as a family solicitor and adoption specialist, I have noticed an increase in this area, through both enquiries, and my caseload. 
      Adoption is a varied and broad area of family law, and all cases bring great reward and challenges. However, Covid-19 and the multiple lockdowns have brought an extra layer of complexity to these already complicated cases. 
      What is step-parent adoption?
      Step-parent adoptions arise when the partner of one of the biological parents wants to adopt the child. The consequence of step-parent adoption is the other biological parent loses their parental responsibility. 
      These applications are usually made where there is an absent biological parent who has little to no involvement in the child’s life for some time. The other biological parent is in a new relationship, and their partner has taken on the parenting role. 
      There can be a reluctance to issue the application as it may result in the other biological parent seeking contact, which they otherwise would not have done. 
      Where the non-resident parent has relatively regular contact with a child, the court tends to be slow to make the adoption order given the serious consequence of the loss of parental responsibility. 
      There are exceptions to this, for example, if the non-resident parent supports the adoption; however, even then, the court will give the decision as to whether to grant the adoption order the weight it deserves.
      Who is involved in step-parent adoption?
      An application for a step-parent adoption involves numerous parties: the step-parent wishing to adopt is the applicant, their partner is the first respondent, the child’s other biological parent is the second respondent, and a guardian can be appointed to represent the child. 
      Other professionals involved in the case will be the judge, legal representation, the local authority who will produce the initial report and often a reporting officer.
      Race for time
      In the early stages of the pandemic, getting applications for step-parent adoptions issued became difficult as the family court was (and still is) prioritising work, and they were not at the top of the list. 
      This delay directly impacted one of my cases where due to a number of reasons, the application for adoption was processed the day before the child’s 18th birthday.
      Adoption applications can only be made if the child has not reached 18. Provided the application is made before the child’s 18th birthday, then it can proceed. If the child turns 19 during the proceedings, an adoption order cannot be made. 
      This meant that we had to make sure the application was dealt with before the child turned 19. Usually, that wouldn’t be too much of a concern as there are time frames the court follows to ensure cases involving children are dealt with as quickly as practicably possible. 
      However, the family courts were stretched before Covid-19, and the delays have noticeably worsened over the past year.
      The impact of delays
      In this case, several factors caused delays. At the beginning of the adoption case, the local authority provides a detailed report to the court about the parties and the child. 
      This report takes several months to complete as it can include interviews with friends and family, details about previous relationships, health, finances and the views of all involved in the case, including the child. The report ends with a recommendation being made to the court.
      Further delays can be caused by the collation of medical evidence. In cases where the applicant is the partner of a parent of the child, in accordance with FPR rule 14.12(c), it is not necessary for medical reports to be obtained. However, if the adopter is another family member such as an aunt, waiting for the medical evidence could add further delays. 
      At the same time, as the report is produced, safeguarding checks are carried out. Unfortunately, in this case, the local authority failed to do these checks. We were notified of this just before the first hearing, meaning a delay of several months whilst they were carried out.
      Due to their complex nature, adoption cases are dealt with by higher-level judges. There is also a preference to have judicial continuity, quite rightly, but this can cause delays due to judicial availability. 
      The first hearing on this matter was adjourned four times, once due to the local authority and three times due to the judge’s availability.
       Again, with a typical case, this wouldn’t be too concerning, but we only had a 12-month window to ensure the order was made. The application was issued in early summer, but by January the following year, we still hadn’t had the first hearing which gave little time for the next steps.
      Usually, the Annex A report prepared by the local authority is filed at court but not released to the parties immediately, although a request can be made for it to be released before the first hearing to speed the process up where time is sensitive. 
      In this particular case, we obtained permission from the Judge to have the report released in advance of the first hearing, so the contents could be considered and the matter progressed without the need for a further hearing. If this request hadn’t been granted we would have been at risk of matters not being finalised before the child turned 19.
      Opposite ends of the world
      This case also involved international elements as although both the biological father and mother consented to the adoption order being made, they lived abroad in separate countries with the applicant step-parent and the child living in England. 
      This was a complicated setup, and one of our challenges was to show the court and the local authority that the applicant and first respondent met the condition of being a married couple. They were a family unit but lived separately for various reasons, visiting each other every 6 weeks where possible. Although COVID-19 had meant this wasn’t possible over the past 12 months. 
      They met the criteria of the child having lived with the applicant for six continuous months prior to the application, but more detail than usual had to be provided regarding the intricacies of the relationship between the applicant step-parent and first respondent. 
      Adoption guardian
      The Judge also decided they wanted a guardian to report on the international element as there were three parties living in three different countries. This was required despite everyone consenting to the application and the Local Authority supporting it.
      The guardian’s role was to report on the living arrangements and assist the court with taking the necessary consents from the parties.
      The guardian confirmed they were satisfied the order should be made. The parties had confirmed their agreement on numerous occasions however it’s imperative that consents are executed and recorded properly. 
      Obtaining proper consent in a global pandemic
      During the pandemic giving consent via video call has been permitted.  However, due to the fact the first and second respondent lived outside of the jurisdiction this was not possible as FPR rule 14.10 (6) states:
      (6) Any form of consent executed outside the United Kingdom must be witnessed by –
      (a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;
      (b) a British Consular officer;
      (c) a notary public; or
      (d) if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.
      At this point, every country had different rules regarding COVID-19.  Therefore, there were concerns as to whether the first and second respondent would be able to ensure their consent was executed properly as we were unsure as to whether they would have access to someone who met the criteria above. 
      Thankfully the consents were executed and sent to the court and the adoption order was made two months before the child’s 19th birthday.  
      Managing adoption hearings during Covid-19
      Another issue I have experienced over the past year, and expect to in the futur, is the practicalities of a court hearing.  
      There are numerous parties and professionals involved in an adoption case and family courtrooms are not particularly large, especially when accommodating social distancing.
      Last October, one of my adoption hearings required nine people to attend. The hearing proceeded as a hybrid hearing with the local authority joining via video link and due to the fact we were in a Nightingale Court (large hotel conference room) there was thankfully enough space for the hearing to proceed safely. 
      I suspect if we hadn’t had the use of the Nightingale Court we would have had to limit who attended the hearing which could have resulted in complaints about fairness.
       Adoption in the future
      Whilst the pandemic has certainly brought challenges to the adoption process, I am hopeful that we will eventually return to normal, although I expect it won’t be as quick as we all hope. 
      It’s hard to see how the adoption process could be made easier, adoption has huge legal implications and therefore there must be a stringent process. I would like to see cases dealt with more quickly but balancing speed and the need to ensure the right decision is being made for a child is difficult.  
      Adoption cases are extremely rewarding and it is wonderful to have the opportunity to help build a family and transform a child’s life and future
      Get in touch
      If you would like any advice on step-parent adoption, adoption, or other family law issues, please contact our Client Care Team to speak to one of our specialist lawyers.
      Useful Links
      Adoption UK
      Adoption Matters
      Stowe’s Adoption Services More

    • 38 Shares179 Views

      in Children

      The adoption process

      by

      As family lawyers, we are experienced in dealing with adoption law and trained to manage the legal process. This national Adoption Week we want to explain who is eligible to adopt and look at what the process involves when adopting a child, to simplify the journey and help you be well-informed from the outset.
      Can I adopt a child in England and Wales?  
      First off, who can adopt a child in England or Wales?  To qualify you must be over 21 and happy to make space in your life and home for a child.  
      Now let us dispel some myths, you CAN adopt if, 

      You are married, living together, in a civil partnership, opposite-sex couple, same-sex couple or single 
      Employed or on benefits 
      Any ethnic or religious background  
      Have children or not 
      Own your home or live in rented 
      Already adopted a child  
      If you are disabled 
      You are not a British citizen (although you must have a fixed and permanent home here and lived here for at least a year before you begin the application process) 

      What is the process of adopting a child?
      To adopt a child, you must go through an agency, either one that is part of your local council or a voluntary adoption agency. (See links at the end of the article).  
      The agency will supply information, meet with you to assess your suitability, explain the process and provide the application form.  
      Once you have applied there will be a full assessment of you (and partner if involved) including: 

      Social worker visits on a number of occasions to assess your suitability to become adoptive parents 
      Police checks (You will not be allowed to adopt if you, or an adult member of your family, have been convicted of a serious offence, for example against a child.) 
      A full medical examination 
      Three personal references. One can be a relative.  
      You will also need to attend a series of preparation classes, often held locally. 

      What is the adoption panel?
      Your social worker will prepare and send the assessment report to an independent panel who are experienced in adoption.  They will make a recommendation based on your assessment.  
      This recommendation will be sent to your chosen agency and they will decide if you are suitable to adopt or not.  
      If approved, the agency will work with the local authority to start the process of finding a child.  
      How do they match you with a child?
      After matching potential adoptive parents with a child, the suitability of the situation for the child and parents will be discussed between the agencies involved. A matching panel will make the final decision.  
      When does the adopted child move into the family home permanently?
      Once a child has been matched with an adoptive parent/s, the process of moving in is taken, understandably, very slowly. There are a series of visits and stays, supported by your social worker to make the transition as comfortable as possible before moving in permanently.  
      How is adopting a child made legal?  
      Before a child moves in, Social Services need to obtain a Placement Order (unless the biological parents have consented).  This order gives Social Services the power as an adoption agency to place a child with a chosen adopter (you). 
      Once the relationship is working well under the Placement Order and the child has been living with you for at least 10 continuous weeks, steps are taken to get an Adoption Order.  
      What is an Adoption Order?
      The effect of an Adoption Order is to make the adopters the legal parents of the child.  The biological parents lose their parental status as a result of this Order, so it is an important step that requires careful thought. 
      If the child has been placed with you under a Placement Order, then their biological parents are not allowed to oppose an Adoption Order without permission from the Court.   
      In some cases, the biological parents may try to prevent the Adoption Order from happening, but you would know well in advance if that was going to be a risk.  The biological parents will be told about a hearing for an Adoption Order even if they are not allowed to challenge it, and so you can be anonymous on your application.   
      In most cases, the adopters do not attend the first hearing in case there are any problems with the biological parents, and instead typically attend when the order is granted. 
      Once the Court is satisfied that adoption is the best option for the child, an Adoption Order is granted and the Court confirms that you are the parents of your adopted child.  
      What are your next steps: 
      If you would like to find out more about the legal process of adopting a child you can get in touch with our adoption team.
      You can also download our Adoption Guide.
      Useful links:  
      Voluntary adoption agency finder:  www.cvaa.org.uk/thinking-about-adoption/find-your-nearest-agency  
      Apply through a local authority agency: www.gov.uk/apply-to-adopt-child-through-council  
      The charity Adoption UK runs a helpline: www.adoptionuk.org/helpline  More