Children Archives - Bose Legal

Special Guardianship Orders

LB — Sun, 30 Jun 2019 20:04:56 +0000

A Special Guardianship Order is an order appointing an individual or individuals to be a Special Guardian for a child. It could be described as half-way point between a Residence Order and an Adoption Order.

Special Guardianship Orders allow the Special Guardian to have Parental Responsibility over the child however does not extinguish the relationship between the child and their parent. A Special Guardian is not deemed to be a parent, nor are they classed as a substitute for a parent.

The Special Guardianship status provides more of a legal status than for a non-parent being named in a Child Arrangements Order and generally, they are permitted to make decisions for the child to the exclusion of the parents or any other individuals with parental responsibility. They are not permitted to make decisions to the exclusion of others in the following circumstances though:

If there are other individuals in whose favour a special guardianship order has been made, they are not allowed to make decisions about the child without their agreement;
Where any decisions which require the consent of all individuals with parental responsibility;
Where it might interfere with any rights the parents have to make decisions regarding adoption or placement for adoption;
If an adoption agency has restricted the exercise of decision-making by a Special Guardian where there is an Adoption Placement Order in force;
Where a local authority determines the extent to which a Special Guardian may meet their parental responsibility in cases where a care order is made thereafter; and
Where the consent by all persons with parental responsibility or permission from the Court is required before changing the child’s surname or removing the child from England and Wales for a period of more than three months

The Court can only make a Special Guardianship Order in relation to children who are minors and can only be made in favour of individuals or couples, whether they are married or not, who are over the age of 18. A Special Guardianship Order cannot be made in favour of public bodies such as local authorities. The Local Authority do however have to prepare a report on the suitability of the applicant to become a Special Guardian to the child or children in question. A Special Guardianship Order cannot be made without this report.

The Court are required to determine whether the granting of a Special Guardianship Order would be in the child’s best interests, bearing in mind that the child’s welfare would be the paramount consideration of the Court. The Court would also need to determine whether the making of an order is better than no order being made at all.

If you would like more information on applying for a Special Guardianship Order, please feel free to contact us on info@boselegal.co.uk or 07539 744144.

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Child Arrangements Orders

LB — Sat, 21 Apr 2018 10:59:24 +0000

A Child Arrangements Order (CAO) is the new name for orders previously known as residence and contact orders. In essence a CAO is an order that regulates the arrangements for a child in relation to whom the child should live with, spend time or have contact with and when the child is to live, spend time or have contact with any person.

Contact means the time that a child spends with an adult and there are several ways in which this can take place i.e. direct contact, supervised contact, supported contact and indirect contact.

Who can apply?

Any parent of a child or person who has parental responsibility for a child.

A step-parent who has parental responsibility for the child or where the child has been treated as a child of the family.

A guardian, a special guardian, or anyone with whom the child has lived for a period of at least three years (please contact us for the conditions to this requirement).

Any civil partner to a partnership where a child is a child of the family.

A person who has the consent of all those with parental responsibility for the child or the consent of the person named as whom the child should live with, within an existing CAO.

A relative of a child can also apply for a CAO providing the child has been living with them for at least one year immediately preceding the application being made.

If a child is in care, then with the consent of the local authority a person can make an application.

A local authority foster parent can make an application provided the child has been living with the foster carer for at least one year preceding the application.

Other conditions do apply so please feel free to contact us if you do not fall within any of the above categories.

What is the procedure?

Unless an exemption applies, you are required to attempt Family Mediation first before making an application to the Court for a CAO. Please see our guidance note on Family Mediation for more details on this process.

If Family Mediation is unsuccessful then you can make an application to the Court using a Form C100. In some circumstances, you may also need to complete a Form C1A as well if there are any allegations of harm.

The Court will then set down a date for your first Court hearing which is called a First Hearing Dispute Resolution Hearing (FHDRA).

Prior to the first hearing, both parties are usually contacted by an officer of the Child and Families Court Advisory and Support Service, also known as Cafcass. The purpose of this contact is to prepare a short report for the first hearing outlining each parties position, the results of background checks with the police and social services on each party and for them to make recommendations as to how the case should be dealt with.

A Cafcass Officer is usually present at the first hearing as well to assist the parties and the Court in determining the right way forward for the case.

What factors are taken into consideration?

Whatever the dispute is, the Court always have to take into consideration that the child’s welfare is their paramount consideration.

In addition to this, they consider the following;

1. the wishes and feelings of the child concerned;
2. the child’s physical, emotional and educational needs;
3. the likely effect on the child if circumstances changed as a result of the court’s decision;
4. the child’s age, sex, background and any other characteristics that will be relevant to the court’s decision;
5. any harm the child has suffered or may be at risk of suffering;
6. the capability of the child’s parents (or other relevant people) in meeting the child’s needs, and;
7. the powers available to the court.

The court must also be satisfied that making an order is better for the child than not making an order at all.

The above is a very brief overview of the process with regards to seeking a Child Arrangements Order so please feel free to contact us to discuss your specific circumstances further.

You can contact us via email on info@boselegal.co.uk or via telephone on 07539 744144.

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School Holidays – Tips for Separated Parents

LB — Tue, 12 Dec 2017 13:18:13 +0000

The school holidays are approaching and many children are excited about Christmas and what Santa will be bringing them however the case is not always the same for children of separated parents. What should be a joyful and happy time of the year can easily result in a tense atmosphere and the feeling of being pulled from one parent to another.

Parents of separated children very well know that arrangements need to be made in advance of the school holidays however sometimes, disagreements can happen over who should have the children on Christmas Day. Most separated parents, who remain active in their child’s life, want to spend Christmas Day with their child, especially to see their reaction when they open their presents and to watch traditional Christmas movies on TV however this is not always possible.

If you are on amicable terms with your ex partner, see if there is a possibility for you to spend Christmas day or at least the morning together with your children. This will enable you to see your children open their presents and promotes much peace and harmony between you and your ex partner. Your child will feel happy and fulfilled at this special time and will be relieved of their unconscious need to spend time with each parent.

If this is not feasible, then splitting the day or agreeing that Christmas can take place twice on Christmas Day and Boxing Day/another day, although not ideal could be the next best solution.

If relations are not the best between you and your ex partner, it is so important to ensure that any arrangements or agreements are recorded in writing. We have dealt with many cases whereby verbal agreements have been made however disagreements have then taken place over the particular days and times where one party misheard or misunderstood the agreement made. It is vital that you ensure any agreements are recorded in writing, via email, via text or other means so you both have something to refer back to.

With separated parents who do not get on, there is usually rivalry as to who will have the children for Christmas Day. Please bear in mind that the focus is on the children’s needs and interests and not the issues you have between yourselves. The fairest way forward is to alternate Christmas Day and Boxing Day with each parent, so one parent has the children on Christmas Day, the other parent has them on Boxing Day – this pattern can then alternate each year. Some parents decide that the children should spend the whole first week with one parent and the children spend the whole second week including New Year with the other. There is no right or wrong way to arrange holiday contact provided that the children are at the forefront of your agreements and they are fair to each parent.

Sadly, not all separated parents are able to reach agreements on the particular days that each parent has the children. If this is the case, then they should contact us immediately. Time is of the essence. We will discuss the position with them and then agree on the best way to communicate with the other parent to encourage them to agree on arrangements quickly and in good time for the holidays commencing. If the other parent does not respond, or continues to disagree, the next option is to issue to Court proceedings which results in extra expense, time and stress. Effectively, the separated parents are saying they are unable to reach an agreement between themselves and so they are leaving the decision to a Judge who is effectively a stranger – not ideal. It should be noted that the Judge’s decision will not favour one party more than the other but instead will focus on what is best for the children.

Please note this principle applies regardless of the family’s religious beliefs and time of the year – if the family do not celebrate Christmas, and/or this is less important then the issue arises as to which parent the children should spend their time with and for how long. The same principle applies to other school holidays throughout the year as well.

Where a Court Order is in existence, this must be abided by both parties however flexibility can be afforded if both parties reach an agreement – please contact us should you need further advice in this respect.

If you or someone you know needs some guidance or advice in resolving holiday contact issues, please feel free to contact us via email on info@boselegal.co.uk or via phone on 07539 744144.

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