Private Law Children
Child Arrangement Orders
If there is a dispute between both parents where a child/children should live or spend time with then a parent should make an application to Court under s8 Children Act 1989. As a result of the Family Law Act 2014, the old terminology “residence” and “contact” has been replaced by Child Arrangement Orders which states with whom a child lives with and with whom a child spends time with.
Please note that before issuing an application to court the parties must have attempted an Mediation Information and Assessment Meeting (MIAM) before the First Hearing Dispute Resolution Appointment (FHDRA). Feel free to contact Horsham Family Lawyers for more details about this process.
Parental Responsibility is defined by s3 (1) of The Children Act 1989 as “all the rights, duties, powers, responsibilities and authority by law a parent of a child has in relation to the child and his property”. You will need parental responsibility if you want to be consulted about any decisions concerning your child/children’s welfare.
Specific Issue Order
If there is a dispute between parents over a child’s religion, school, extra curricular activity, surname etc, then the court can be asked to make a decision in relation to the child’s welfare. This is known as a Specific Issue Order.
Prohibited Steps Order
A Prohibited Steps Order prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent.
Special Guardianship Order
A Special Guardianship Order (SGO) is an order made by a Court appointing one or more individuals to be a child’s ‘Special Guardian’. It is a private law order made under the Children Act 1989 and is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement. An SGO can enable a child to remain in his or her family as, unlike adoption, it does not end the legal relationship between the child and his or her birth parents. A Special Guardianship Order usually lasts until the child is 18.