Under the Children Act 1989, the child's welfare is the paramount consideration of the court when looking at the child’s upbringing or the administration of a child’s property or income. Therefore, in reaching many decisions, the court has to consider the welfare checklist set out below: the ascertainable wishes and feelings of the child concerned [...]
This order allows the court to determine an issue usually relating to some aspect of parental responsibility, e.g. where there are differences as to schooling, medical treatment, changing a child’s surname and other specific aspects of a child’s upbringing. As with prohibited steps, the order can be made in conjunction with residence or contact orders.
A prohibited steps order is designed to prevent a parent from doing a specific thing relevant to their child without the consent of the court. Such an order can be made in conjunction with a contact or residence order. Frequently, it is used where a parent is threatening to take the child out of the [...]
As a grandparent, you will need leave of the court to bring an application for residence or contact unless the child has been living with you for a period of at least three years. The court will look at the connection you have to the child, the type of order you seek and whether there [...]
These are outdated legal terms. Parental responsibility and residence have replaced custody and contact has replaced access.
A contact order requires the person with whom a child lives to allow the child to visit or stay with the person named in the order or to have contact in some other form. Contact can be direct (visiting/staying) or indirect (letter/cards/presents). Contact with his/her natural parents is regarded as a fundamental right of the [...]
A residence order can be shared between two people, so the children have more than one place they consider to be their home, and their time is shared between the two.
A residence order sets out the arrangements as to the person with whom a child will live. A residence order gives parental responsibility (if not already held) to the person whose favour the order is made.
It is possible to acquire parental responsibility in two ways: a) You can enter into a written agreement with the parent or parents who already have parental responsibility for the child. b) The court may grant a parental responsibility order.
You can acquire parental responsibility in two ways: By entering into a written agreement with the mother on a prescribed form. This form has to be witnessed by a court official and is then sent to the Principal Registry of the Family Division in London, and sealed copies are returned to each parent. By applying [...]