Parental Responsibility – Children Act Application

Putting your name on your child’s birth certificate

What  To  Do  In  The  Event  Of  A  Disagreement  Over  The  Children?

If you are a parent involved in a divorce or other relationship breakdown there are steps that you can take to protect your, and your children’s position.

Try to avoid getting into arguments about the children. Certainly, do not try to use them as a lever to obtain a better financial settlement and do not involve them in your difficulties within the relationship. Think about what is best for them. You may well want them to live with you but are you able to look after them properly?

Do you have a lifestyle, job and income, which allows you to be there when you are needed? Are you really thinking about the children or are you thinking about what you want (or what your former partner does not want)?

Think everything through carefully before you adopt a position. If you are reasonable in what you think should happen you might find that things fall into place fairly easily and that no legal proceedings are necessary.

If that does not work, think about counselling or mediation and make inquiries about what services are available in your area. The mediator is not there to make an order or to impose a decision on you. Instead, the process of aimed at finding common ground, the real problem
and a solution, which you can either accept or reject.

How  The  Court  Will  Deal  With  A  Dispute?

The procedure for a dispute under the Children Act is simple but the law is not. The overriding consideration is the welfare and best interests of the child. The Court will also consider other factors such as the age and background of the child and whether the child is at risk of any harm. The check-list is too long to examine in detail but at the very top of it is the
child’s own wishes. A child old enough to express his or her wishes accurately will be listened to but younger children may not be capable of saying, or even knowing what they want. It is not at all unusual for a child to want to tell both parents what they want to hear. “I love you Daddy. I wish I could live with you” could be the child’s way of trying to reassure the father that he may be gone but that he is not forgotten. It could equally well mean “Mummy won’t let me stay up to watch TV and won’t buy me the latest Play Station game so I want to stay with you and get those things”. Already the issue of what the child wants is getting complicated.

The child will not be brought to Court to give evidence. That would not be in its best interests. Instead, at the first hearing of the application (whatever it might be for) the Judge’s directions will include an order appointing a CAFCASS Officer to prepare a report for the Court setting out what is best for the child. The CAFCASS Officer will carry out investigations and interviews with both parents individually, the child on its own, if old enough, and th

Ask  Montgomery  Children  Act  Application  Fixed  Fee  includes  all  the  work listed  below:

  • Taking your instructions to identify the issue and the type of order you need to apply for
  • Drafting the application and necessary documentation
  • Advice and guidance given how to deal with the whole case
  • Coaching you before going to the court
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