Childcare Law Expertise

Private and Public Family Law

We offer a full range of family children legal services, both in relation to private disputes between parents and public family law matters involving Social Services.

Private Law matters

• Child arrangement orders
• Specific issue orders
• Prohibited steps orders

In relation to private law matters, these issues arise following the breakdown of the parents’ relationship and separation.

While it is always hoped that parents will be able to resolve issues and reach agreements between themselves, sometimes professional advice, help and support can really help to diffuse any tensions and resolve any problems.

Following the breakdown of a marriage or a relationship, the children of the family are likely to be a central concern for each of the parents. This presents as a difficult time and emotions can run high. We understand that a sensitive approach is needed to try to find practical solutions. Our Family Law team includes members of the Resolution panel with accreditation to deal with private law matters. Resolution is an accredited body which aims to resolve disputes in the most amicable way possible, to minimise the disruption to the children.

Child arrangement orders

A child arrangement order determines where the children will live and how much time they will spend with each parent. Such orders were previously known as custody and access orders, or residence and contact orders. These orders have now been replaced by a child arrangement order, setting out specifically who the child will live with and the time they will spend with the other parent.

Prohibited steps orders

Sometimes it is necessary to apply for an emergency order to prevent the other parent from doing something that is not agreed upon, such as seeking to remove a child from nursery, school or leaving the area.

Specific issue orders

Sometimes there is dispute about how a child’s welfare should be managed in terms of education or health. There can often be disagreements about which school a child attends or, when a child is ill, the treatment that a child should receive, including disputes about vaccinations.

We can assist with all of the above matters. Whilst generally legal aid is not available for the above private law children matters, it can be accessed in certain exceptional circumstances and this is something that we will discuss with you. Otherwise, we charge on an hourly rate for our services and will give you an indication of likely fees at the outset. We generally offer an initial fixed-fee appointment to discuss your immediate concerns and how we may be able to assist.

Legal Aid is available for private law matters subject to meeting certain requirements set by the Legal Aid Agency. Our team is happy to discuss these requirements with you.

Public Law children matters – pre-proceedings and care proceedings.

Sometimes a local authority, known as social services, will get involved with a family where there is a concern that a child might be at risk of harm, either through neglect or abuse.

We have a specialist team of family law solicitors who are accredited to deal with public law children matters. Our team has accreditation through the Law Society Children Panel and extensive experience of dealing with care proceedings, representing parents, children and other family members throughout the whole process.

The process usually starts with the local authority becoming involved in what is known as the pre-proceedings process. This is where the local authority will try to work with the family to resolve any concerns. Parents often do not realise that they are entitled to legal aid for this preliminary process, and it is advisable that professional support is obtained at the earliest point.

We can then assist through the process,  minimise your anxieties and guide you on what is needed to resolve matters.

Should the local authority need to issue care proceedings and bring the matter before the court, parents are entitled to free legal aid, so that we can assist in the process from start to finish. Often the proceedings will be started with little notice due to urgency, but we are used to dealing with this and reading through papers at short notice. Sometimes other family members may be joined into the proceedings and they may also be eligible for legal aid.

Placement Orders

We also deal with adoption matters, now referred to as Placement Orders. Often adoption is not the most appropriate option, especially if there is family available to step in and care for a child. The court will often look to make a special guardianship order in favour of a family member if it feels that the parents are not in a position to care for the children. We can also advise extended family members about the nature of such an order as well as the financial and other support they might expect to receive from the local authority in such circumstances.

For Clear, Precise Advice about Private and Public Family Law matters our experienced team of experts can help.