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Children and divorce

There are a number of important stages in the child contact process, a number of orders with regards to children, and several key points with regards to parents rights of which you should be aware.

Financial support for children


If you are married, capital provision for your children’s needs will be considered as part of your overall divorce settlement. If you are not married, then you will be able to apply to the court for provision under Schedule 1 of the Children Act. Schedule 1 allows you to...

Types of children orders


There are three main orders in children proceedings. A child arrangements order governs what people normally call “custody and access” or “residence and contact”. It will set out where the children live, and when and how they spend time with the...

International relocation of children


If you want to move abroad with your children, or take them out of the country for an extended period of time, you will need either the agreement of the other parent or the permission of the court. If you fail to obtain this approval, removing the child from the jurisdiction may...

Stages in a Children Act application


There are three key stages in the Children Act: FHDRA A first hearing and dispute resolution appointment (FHDRA) is the starting stage in proceedings. Here a judge will decide what needs to be done before the case can be decided. This can include ordering an expert...

Parental Alienation


What is parental alienation? Parental alienation describes a situation where a child has been coerced, manipulated or otherwise pressurised to align themselves to one parent by the other. The child is essentially ‘turned’ against a parent so that the child...

Mothers’ rights


When considering mothers' rights, the law starts from a point of view that children benefit from spending time with both parents. More often than not, a child will live with the person who historically did most of the caring. For many families, this will be the mother. Where a...

Fathers’ rights


Separating parents can wonder what rights does a father have following divorce. Though children more often go to live with the mother after parents separate, this is in no way an automatic assumption. The courts will always start with the presumption that it is best that both...

Grandparents’ rights in divorce


Many grandparents play a key role in the upbringing of their grandchildren. They can worry what rights grandparents have if the parents decide to divorce. Vardags understand that a difficult consequence of divorce can be a relationship breakdown or deprived time with...

CAFCASS


The Children and Families Court Advisory and Support Service (CAFCASS) is a public body which is involved in children proceedings in the family courts. Their mission is to make sure that children's voices are heard and decisions are taken in their best interests. It is...

Do I need permission to take my children on holiday during a divorce?


Many parents are unaware it is a criminal offence to take their child abroad if they do not have the permission of every person that has parental responsibility. This is more likely to be an issue where a couple has separated. When is consent needed? Separated couples...

Parental Responsibility


Parental responsibility is defined as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and the child’s property”. What is not widely recognised is the fact that not all biological...

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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