|
[ Index | Avon | Bedfordshire | Berkshire | Bristol | Buckinghamshire | Cambridgeshire | Cheshire | Colchester | County Durham | Cornwall | Cumbria | Derbyshire | Devon | Dorset | East Sussex | East Yorkshire | Essex | Gloucestershire | Greater London | Greater Manchester | Hampshire | Hereford & Worcester | Hertfordshire | Isle of Wight | Kent | Lancashire | Leicestershire | Merseyside | Norfolk ] North Yorkshire | Northamptonshire | Northumberland | Nottinghamshire | Oxfordshire | Shropshire | Somerset | South Yorkshire | Staffordshire | Surrey | Tyne & Wear | Solicitor Jokes | Strange English Laws | Warwickshire | Wiltshire ] |
|
|
Accident
Compensation Claims |
The Children's Act, as the name implies, places the interests of children as the paramount importance. It is difficult to avoid conflict and hostility where Children are concerned, but there are laws in place to protect children. The Children's Act also has a Welfare Checklist which is as follows: 1. The ascertainable
wishes and feelings of the Child concerned (considered in the light of
his age and understanding). In addition to the Children's Act, there are areas of Public Law where a solicitor represents parents, children and others in disputes with Local Authorities relating to: AdoptionCare Orders and Emergency Protection Orders ( including emergency hearings ) Child Protection Investigations Secure Accommodation Orders Supervision Orders Wardship ( including international child abduction. ) Solicitors that specialise in Children Law may also be members of Association of Lawyers for Children National Association of Guardians Ad Litem and Reporting Officers British Association of Adoption and Fostering Anyone concerned about a child's welfare can ask the Court for leave to make a full application. You do not need to be the parent, step-parent, grandparent or someone who lives with a child that is not your own, You may be able to ask the Court for help if you are concerned about a child's welfare. The Court's paramount concern is the welfare of the child or children in question and is obliged to consider what is in each child's best interests.
|
|
Care Homes UK, a directory
of nursing homes in Britain. Advice on
Care home consultants and types of nursing homes
| Karen O'neill & Co Solicitors |
Children Act 1989 Parental Responsibility & Parental Responsibility agreements Testamentary Guardians for children Child maintenance and the Child Support Agency
Children Act 1989 This is the Act that sets out most of the law relating to children and parents both in private cases, and “public” - i.e. care type - cases. If you are a parent, step-parent, grandparent or someone who lives with a child that is not your own, you may be able to ask the Court for help if you are concerned about a child's welfare. The Court's overriding concern is the welfare of the child or children and is obliged to consider what is in each child's best interests. The interests of any adults are only of concern to the Court when they have an effect on the best interests of the child or children. Even if you are not in the above categories, anyone concerned about a child's welfare can ask the Court for leave to make a full application. The main “non-care type” orders sought through the courts are Contact (formerly access) and Residence (formerly custody), which are self-explanatory. It is also possible to ask the Court to decide on a “Specific Issue” – e.g. education or medical decisions, or changing a child's surname – or to ask the Court to forbid something – a “Prohibited Steps Order”– e.g. where someone has threatened to take a child abroad. If a parent is unhappy about the way in which his or her child is being cared for, or feels that the child ought to be seeing more of the non-resident parent, then he or she can apply to the Court using a simple application form. The fee charged by the Court is presently £120.00 per application, but this can be reduced or waived by the Court for those the Court considers unable to pay or pay in full. Once the application is filed with the Court, a date will be given for a short initial hearing where the Court will see if the parties can agree on the way in which to go forward. If this is not possible, then the Court will give “directions” on the way in which the case will be conducted from then on. Often this will include the commissioning of a “ Cafcass Report”. “Cafcass” (Children and Family Court Advisory and Support Service – formerly Court Welfare) is a service attached to the Courts and therefore independent of the parties. A Cafcass Officer (Family Reporter or Reporting Officer) will meet with both parties and speak to the child or children concerned so as to gain information and carry out an assessment of the case. The Cafcass Officer has been described as the “eyes and ears of the Court” and his or her view is very important when the Court comes to consider the case again. After the Cafcass Officer has provided a written report, there is usually another short hearing for the Court and the parties to consider the recommendations and again try to settle the case using the Cafcass Officer's conclusions as a basis for agreement. However, if this is not possible, the Court will usually then make arrangements for the case to be given a final hearing date. Sometimes further reports may be requested, and the Court can make virtually any order it feels is best for the child concerned, so sometimes the outcome is something that neither party considered. It is therefore very important for the person applying for the order to consider his or her situation very carefully not just at the start of the case, but at every stage during it. Parental Responsibility & Parental Responsibility agreements 1. Who has parental responsibility? A father and mother of a child who are married to one another automatically have parental responsibility for the child. If the parents are not married to one another, only the mother has parental responsibility unless the father's name and declaration are on the child's birth certificate. Where a person has a Residence Order for a child they have parental responsibility; for example, a grandparent or other relative or person with whom the child is actually living (or has been living) may seek residence. Just because another person acquires parental responsibility does not mean that the parent or parents lose it, as more than two people can have parental responsibility at the same time. English law does not try to define in any detail what parental responsibility means. Here are a few things that are included in the term: (a) Looking after
the child (b)Contact with the
child (c)Medical treatment (d)Education 2. Parental Responsibility The child's mother and a married father have Parental Responsibility automatically. As from December 2003 so does an unmarried father whose name appears on the child's birth certificate. Parental Responsibility is also given as part of other orders such as Adoption, Residence or Care Orders. The child's father (and from late 2005 also a step-father) can also acquire Parental Responsibility: - (a) Parental Responsibility
Agreement (b) Parental Responsibility
Order (c) Residence Order (d) Marriage of father
& mother (e) Appointment as
child's guardian
Even if the father does not have Parental Responsibility he does not cease to be the child's parent, biologically and at law, and he is still liable to maintain the child financially. Testamentary guardians for children Everyone should have a will, but it is especially important to have one when there are children under 18 involved. Even if your first choice for a guardian would be the other parent, who may or may not have Parental Responsibility , you should still consider what you would want to happen to the children if the other parent died first, or at the same time. When a parent or other person with a Residence Order appoints a guardian in their will, that guardian will take over Parental Responsibility for the child immediately upon the resident parent's death. This will also happen where there is no one else with Parental Responsibility. Even if there is a surviving person with Parental Responsibility , then the guardian appointed by the parent's will still has rights to ask the court to alter the arrangements for the children if he or she feels it is necessary. Making a will is not expensive, and does not have to be made “for all time”. They are easily reviewed or amended these days. Not only should you consider the position in respect of a guardian for the children, but you can also select your own Trustees to administer the children's inheritance and fix a later date for the children to receive significant money – i.e. 21, 25 or 30 years of age. Without a will, you will not have any control over the destination of your estate. Child maintenance and the Child Support Agency The Child Support Agency took over the calculation of Child Support from the Courts in 1993. Since then the Agency has had a very bad press, some of which is deserved, some of which is not. The Agency now uses a fairly simple but rigid formula to calculate a figure for child maintenance, which can give an unrealistic result when considering other circumstances in a particular case. The formula allows for a fixed percentage of the Non-Residential parent's net income – between 12½% and 25% - regardless of housing costs, loan repayments etc. There will be a reduction of 1/7 th for each night on average the child(ren) stay overnight with the Non-Resident parent, provided there are at least 52 overnight stays a year. It is still possible to come to an arrangement "outside" the Child Support Agency, although the Courts have a very limited jurisdiction to deal with child maintenance. Where the parties can reach agreement on an amount of child maintenance, usually in line with the Child Support Agency's formula - the agreement can be made into a “written maintenance agreement”, or as part of a divorce financial Consent Order. Generally, where there is a written agreement or order, the Child Support Agency is less likely to become involved with child maintenance. The agreement or order is enforceable itself as a contract between the parties.
© Karen O’Neill & Co., Family Law Solicitors 2004
|
| Birkett Long Solicitors |
Our team is an acknowledged specialist in all aspects of childrens' cases. We are one of the few firms to have two accredited children's law specialists who are members of the Law Society's Childrens Panel. We have extensive experience from general advice and support in problems relating to access and custody (now known as residence and contact) to dealing with complex child abuse cases in the County and High Courts, admission and exclusion of pupils in education and dealing with adoption both in this country and abroad. Our solicitors have a reputation for being both able and committed, which is demonstrated by the volume of work referred to us by children's guardians, local authorities, adoption agencies and other professional colleagues. We are an approachable, friendly team seeing each client as an individual rather than a file number. Client care is important to us, as is providing a sympathetic and understanding approach at a difficult time. However, we never shy from giving firm, realistic advice when required to do so.
|
| Fisher Meredith Solicitors |
We have developed a strong reputation for expertise and commitment to achieving the best possible outcomes for parents and children. We purposely proritise small caseloads and lawyers in the team work closely and are able to share their collective experience. In recognising that the interests of children are of paramount importance, the Children’s team works with long term goals in mind. The team seeks to reduce hostility where possible, and to protect children from conflict between parents, even where robust or urgent action is required. The team understands that the law relating to children can be particularly complicated and stressful, and aims to make it as clear and accessible as possible. We have experience in working successfully with a wide range of clients, both publicly and privately funded, including vulnerable individuals. The team can offer advice and representation in all areas of Children Law: Private Law, representing mothers, fathers, grandparents and others in disputes relating to: * Parental Responsibility Public Law, representing parents, children and others in disputes with Local Authorities relating to: * Care Orders and
Emergency Protection Orders, including emergency hearings Wardship, including international child abduction. Among the many other types of work dealt with recently by the team, are included: * Parallel criminal
and care proceedings The team includes members of the Association of Lawyers for Children, the Solicitors Family Law Association, the Law Society Children’s Panel, NAGALRO, the British Association of Adoption and Fostering and the Family Advice and Information Network.
|
| Arlington Sharmas |
We have extensive experience of working with the National Council for Voluntary Organisation, as well as with a wide range of charitable and other voluntary organisations. The number of charities increases daily and the Firm prides itself on the considerable volume of work it is continually undertaking in this area. The department is headed by one of the Country's leading experts in charity law who is ideally placed to offer comprehensive advice on such law. |
Link
To Your Website For Only £5 Per Month
If you
are seeking a lawyer, or firm of solicitors in Britain, we aim to provide
the most comprehensive list of legal professionals all at your
fingertips.
[Home]
Site Promoted By Peter Yexley www.ukhq.com mail@ukhq.com Copyright 2008 Peter Yexley
Nothing in this website constitutes legal advice. The information and opinions expressed on this website should not be relied on or used as a substitute for legal advice.
This website
contains links to other websites and to material contained on other websites.
Neither Peter Yexley nor WebWide Corporation Limited are responsible for the
content of such websites and disclaims all liability in respect of such content.
Other than advertisements and commercial messages or unless otherwise stated, Peter Yexley owns the copyright in this website and its contents. You may print information contained in this website for your personal use only. No part of this website may be published, transmitted, reproduced or stored on another website or in any other electronic form without obtaining prior permission from Peter Yexley. Peter Yexley should be acknowledged as the source of the material in all cases.
