Children

Naturally, parents want to ease the pain of a family breakdown for their children. Blakemores can put you in touch with the local support agencies that can help you and your children.

After separation, the first consideration is where and with whom the children should live and what level of contact the children should have with the non-resident parent. If you can’t agree then you may need to go to court so they can look at what is in the child’s best interests and whether there are any welfare issues that need to be addressed. All of this is governed by the Children Act 1989 and we can advise you on how this works and what it all means for you and your children.

Often asked…

What is mediation and would it help?

Mediation is another way of resolving your dispute. It can be helpful where there are no child welfare issues and the dispute is simply about the length and frequency of contact. We can refer you to an accredited mediation service.

Do we have to go to court?

You should only go to court once all other avenues have been considered. You should try mediation. It’s always better if parties can reach an agreement themselves rather than have an order imposed by the Court.

What is a contact centre?

A contact centre provides supportive (but not supervised) contact facilities. Contact with your child can take place in the centre or the venue can be used to facilitate handover from one parent to the other. They are usually voluntary organisations that have agreed to adhere to a set of national standards.

Can I change my child’s surname?

From the age of 16, a child can change his/her own name. In general, where only one person has parental responsibility, the name can be changed without the consent of the other parent. Where both parents have parental responsibility, the consent of both parents is required. In all other situations, a court order is required.

Emigrating with children

If you wish to emigrate with your children then it’s usually necessary to agree this with the other parent or people with parental responsibility. It’s generally illegal to take children out of England and Wales without an agreement and there are potentially serious penalties if you do so. We have considerable experience in negotiating agreements to emigrate with children, making any agreement between you more formal. If you are being asked to agree to your children emigrating then it is sensible to obtain advice before agreeing as your rights may be seriously affected.