Family/Matrimonial Law
In England children are protected under the legal framework including the Children Act, of 1989, the Children Act, of 2004 and the Children and Social Act, of 2017.
These Acts provide a comprehensive legal framework including the Child Protection, Family Proceedings and Support Services. Key aspects covered by these Acts are:
In the dispute of the couple, if the Child is involved and there is disagreement between the couple regarding the access to the child. The Court intervenes to address the issue and provide the relevant guidelines by issuing Court orders. There are three kinds of Court orders based on different circumstances;
Child Arrangements Order determines where a child will live and with whom he can spend time. While issuing a Child Arrangements Order, the Court may take a few points into consideration which are also known as Welfare Checklist Criteria, which are mentioned below:
The Order is ceased automatically when a child turns 16, or 18 in exceptional circumstances. Otherwise, until the court decides the duration of the order.
However, if you decide to move back with your ex-partner, then the order will cease after 6 months of your living together.
Specific Issues Order is granted by the family court. This order is made by the court when there is a disagreement between the parents who are obliged to do their parental responsibility. The Specific Issues Order is issued under the circumstances mentioned below:
Specific Issues Orders remain effective until a child turns 16 or in limited circumstances until the age of 18. However, generally, the court orders the Specific Issues Order for a specific period.
Prohibited Steps Order is an order which is issued by the court that prevents a parent with parental responsibility from conducting any particular action or exercising certain elements of their parental responsibility, without the consent of another parent or permission of the court.
The court issued the Prohibited Steps Order under the circumstances:
Prohibited Steps Order remains effective until a child turns 16 or in limited circumstances until the age of 18. However, generally, the court orders the Prohibited Steps Order for a specific period.
In England and Wales, the Adoption of the child takes place according to the process mentioned in the Adoption and Children Act, 2002.
When the child is adopted, they no longer stay as the legal child of the birth parents as they become the legal child of the adoptive parent(s). It should be kept in mind that once the child is adopted, they lose the right to inherit money and property from the birth parents. However, the child gains the right to inherit money and the property of the adoptive parent(s). The right to information about the child and the right to make decisions about the child of birth parents are automatically revoked and are transferred to the adoptive parent(s).
The child can be adopted if both of the birth parents give their consent unless:
The adoptive parent(s) be 21 or above and either:
There is no compulsion to be a citizen of the UK to be an adoptive parent(s). However, you must fulfill the following conditions:
The adoption process is a bit complicated and lengthy. Before getting the Adoption Certificate, there are a lot of steps involved:
It is easy and convenient for the parents to apply for the abovementioned orders with legal advice and support. RLC Solicitors are here for your help by offering the best legal advice. In case of urgent applications to court, we are here to assist and guide you through the process.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
In the UK, surrogacy is regulated by The Human Fertilisation and Embryology Act 2008.
The surrogate mother is the legal mother (even if not related genetically) and the surrogate's husband or partner may be the second legal parent. If the surrogate is unmarried then there will be no legal second parent. Also, surrogacy agreements are not legal in the UK. So, even if you have signed any agreement, it will not be enforced. Moreover, paying the surrogate mother is also illegal in the UK, you need to pay only reasonable expenses.
There is very little protection if a surrogate mother changes her mind. However, there are two options available to transfer legal parenthood after the child is born and that are either getting a parental order or through an adoption.
The breakdown of the family affects the child mentally as well as financially. The financial need of the child is one of the important aspects which should be considered seriously.
Child maintenance covers the living costs of the child. It is made when one of the parents is not living with the child. It is a financial arrangement made between the separated parents of the child. Both parents are equally responsible for the costs of raising the child.
Child maintenance can be arranged:
The child needs to be under 16, or, if the child is in full time education then the age limit is 20 years, up to and including A level or equivalent. The parents need to live in the UK as your main home.
The parents can apply for child maintenance if they are:
If you do not have an income and you're either a full-time student or in prison, you do not have to pay child maintenance. There's no need to apply.
You cannot use the Child Maintenance Service if you have an existing consent order approved by a court that is either:
You cannot apply if the child and the parent with main day-to-day care live outside the UK.
Divorce can be very stressful. Going through a divorce can bring a mental breakdown. Unfortunately, the divorce laws in England and Wales do not help to reduce it.
On 6 April 2022, the law on divorce was changed. Now it is possible to get a divorce on an entirely 'NO-FAULT' basis.
To get a divorce:
Before applying for a divorce, you need to consider some key aspects like Arrangements for the children, money and property. You need to make arrangements for the children (if any) before applying for the divorce. You need to divide your money and property. Also, you need to check if your divorce will affect whether you can live in your current home or not. Getting a divorce involves a lot of other procedures which can work parallel to the divorce application.
There are two stages in getting a divorce:
When these stages are completed, it confirms that the marriage has been dissolved. After applying for divorce, you need to wait for 20 weeks before applying for the Conditional Order. After applying for the Conditional Order, you need to wait for furthermore 6 weeks before the Final order can be completed.
However, if you don't want a divorce, but want to live separately then also there is a provision called 'Legal Separation'. You will be living separately without dissolving the marriage.
You can opt the Legal Separation if:
However, before applying for legal separation, you need to confirm whether you want to make a joint application or you want to make it on your own.
Annulment (sometimes known as 'nullity') is a different way of ending a marriage. Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay.
You'll need to show that the marriage:
You can annul a marriage if it was not legally valid in the first place, for example:
If a marriage was never legally valid, the law says that it never existed.
However, you may need legal paperwork (a 'decree of nullity' or 'nullity of marriage order') to prove this - for example if you want to get married again.
You can annul a marriage for a number of reasons, such as:
As with divorce, your marriage legally exists until you annul it using one of these reasons.
RLC Solicitors can help you with all aspects of family law including surrogacy, child maintenance, and divorce proceedings. We provide the best legal advice and can guide you through these complex legal processes.
For surrogacy matters, we can help navigate the legal complexities and assist with parental order or adoption applications. With child maintenance, we can advise on your rights and options. And for divorce, we can handle the entire process from application to completion of the final order.
We can draft applications, manage your case, and represent your interests throughout. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice.
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ
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