Services for Individuals

Children Act Proceedings

It is not always necessary for the courts to become involved in determining the care of children where the parents separate. Sometimes this is not the case and this is where the Children Act 1989 will assist parents where there is a dispute.

As the courts through the Children Act encourage families to settle issues concerning children and only to use the court system as a last resource. However, where this is not possible, it may be necessary to apply to the court for what is known as a Private Law Children Act Order. There are a number of Orders available to parents (and certain other relatives):

Residence Orders

  • A Residence Order determines with which parent a child will live if there is a dispute over the residence of the child.
  • A Joint Residence Order is also a possibility and although these tend to work more where the parents are able to work together, they do tend to fail in situations where there is a complete relationship breakdown between both parents.
  • In certain circumstances the court will award a Joint Residence Order where the parents can work together in the upbringing of the children.

Contact Orders

A Contact Order is often applied for by a parent who is not resident with the child. This type of Order sets out how often the child sees the non-resident parent. It can set out details such as the duration of each contact, its frequency, any conditions that are to be attached to contact, as well as the finite details of collection, delivery etc.

Prohibitive Steps Orders

As the name indicates, this is an Order which stops, or prevents a specific action being carried out by one parent. For example, preventing a child from being removed from the jurisdiction of the court, removal of the child from her current school, and in connection with medical treatment.

Specific Issue Orders

Where parents do not have an issue over residence or contact, but perhaps on another issue such as a child's educational needs, a child's surname, whether that child should undergo induction into a particular faith or religion, or indeed have a medical operation, handing over passports by one parent to the other, this sort of Order will determine that one specific point.

Parental Responsibility Orders

Parental Responsibility Orders are a recognition of a parent's rights and duties towards their child. Married parents both automatically acquire Parental Responsibility. However, an unmarried father may not have Parental Responsibility. If this is the case and the mother will not agree to a Parental Responsibility Agreement being granted, the other parent may apply to the court for a Parental Responsibility Order.

Our solicitors are members of Resolution, formally known as The Solicitors Family Law Association. As part of its membership we all confirm to Resolution's Code of Conduct. This means that all family law disputes should be dealt with in a constructive way designed to preserve people's dignity and to encourage agreement. We deal with matters in a constructive and non-confrontational way. Our solicitors take into account the long term consequences of actions and communications, as well as short term implications and encourage clients to put the best interests of children first.