Rainer Hughes

Child Proceedings

A difficult decision for separated couples is deciding what is in the best interests of their child.

Parties are encouraged to discuss this directly or use services such as mediation. However, in some instances, an impasse is reached, and court intervention is required.

There are a number of applications that can be made to the court in relation to children matters these include:

  • Child Arrangements Order is made to regulate arrangements relating to whom the child is to live with, spend time with or otherwise have contact with. An application can be made by a mother, father or anyone else with Parental Responsibility. Other people like grandparents can apply for these orders with permission from the court.
  • Parental Responsibility Order. A person who has parental responsibility has the right to make major decisions about the upbringing of the child. A father usually has parental responsibility if he was married to the child’s mother or is named on the child’s birth certificate after December 2003. However, there are occasions where a father does not have parental responsibility and an application will need to be made to the court.
  • Prohibited Steps Order is where the court prevents a certain action. This can include preventing a child being removed from their current school or from jurisdiction of England and Wales.
  • Specific Issue Order may be made to determine a specific question that has arisen or that may arise in connection with any aspects of parental responsibility of a child such as which school they should go to, religion and what name they should go by

Our Family Team can give expert advice to guide you through the process and look at different options. If required, we can make an application to the Court and if required represent you at the hearing or alternatively instruct a Barrister to represent you.

Key Experience

Actively advising clients on matters related to domestic abuse, harassment, molestation, retrieving costs on behalf of clients etc., against their partners

Successfully acted for a father whose child was in primary care of the mother.

Successfully made a financial claim and settlement for our client who had not dealt with finances during her separation.

Acted for a client who was subject to regular domestic abuse which involved the kin of the victim witnessing and being in the same environment.