Child Law

If you have recently ended your relationship with the other parent of your children, the HBJ&W Family Law team can assist you in securing the safety and health of both your children and yourself; this maybe through applying for a Residence Order which would determine who the children are to live with or we can also aid in child maintenance arrangements between both parties by negotiating how much child maintenance should be paid and how often.

If your children are not living with you, we can assist you in maintaining their relationship with you as a parent. If you were not married to the other parent of a child, we can help you to obtain a Parental Responsibility Order giving you an involvement in the child’s education, health and welfare. If you are having difficulty seeing your children, we can negotiate on your behalf and apply to the Court for a Contact Order which formalises the arrangements for visits and overnight stays with the non-resident
parent.

If you fear your children may be taken from you to live elsewhere or abroad, we can apply to the Court for a Prohibited Steps Order. If your children have been abducted, we can assist in obtaining their safe return.

The Court holds the power to grant further orders limiting parental rights and duties or to resolve a specific issue that has arisen. The Court will always consider the following when making an order regarding children;

  • The ascertainable wishes and feelings of the child (considered in the light of the child’s age and understanding),
  • The child’s physical, emotional and educational needs,
  • The likely effect on the child of any change in his/her circumstances,
  • The child’s age, sex, background and any other characteristic the Court considers relevant,
  • Any harm which the child has suffered or is at risk of suffering
  • How capable each of the child’s parents is of meeting the child’s needs

The Court will not make any order unless it is better for the child that there is an order in place as opposed to no order at all.

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