Child Care - TWP Solicitors - The Thrasher Walker Partnership

CHILD CARE ...

Our family team are here to help with any legal aspect of your relationship difficulties or family problems. We always aim to deal with matters in the most constructive and conciliatory way. We appreciate and empathise with the problems and issues faced at such a difficult emotional time. We hope you find the information helpful. We would suggest that before embarking on any legal process, that you seek formal legal advice specific to your own situation.

At your first meeting with us we will assess whether you are entitled to public funding, and if so we shall help you apply for public funding to assist with some or all of your legal costs. If you do not qualify we will provide you with an estimate of the likely cost of your case, our invoice procedure and payment terms. We will inform you in writing of our charging rates and fees. We always endeavour to provide clear information about costs and provide revised estimates where required. Each case is different so, whilst we can provide estimates regarding the likely costs, please be aware that standard or fixed rate charges are impossible to provide.

This means where and with whom a child is to live. If an agreement is reached then a court application is not needed. No court orders are required if you as parents agree the arrangements for where your child is to live.

This used to be called access. It means how the parent who does not live with a child can see them or communicate with them. The law clearly says that it is the child’s right to be able to have a relationship with both parents, not the parents right to see the child. It is in the child’s interests to have a relationship with both parents unless such a relationship would put the child at risk. Making contact arrangements can be difficult and lead to dispute because of the emotional situation both parents find themselves in.

The child’s interests are the Courts’ “paramount consideration” in a dispute and they consider the welfare checklist before making a decision as to where a child should live.

	Costs - funding your case
	Residence
	Contact
	General
	Welfare Checklist

• The ascertainable wishes and feelings of the child, taking into account the child’s age and understanding
• The child’s physical, emotional and educational needs
• The likely effect on the child of any change to their circumstances
• The child’s age, sex and relevant background
• Any harm the child has suffered or is at risk of suffering
• How capable each parent, or any other person the court considers relevant, is of meeting the child’s needs
• The range of powers available to the court under the Children Act in the proceedings
There is no set age when a child is considered old enough to decide where they wish to live or how they see the non-resident parent. It depends on the individual child.

We will always try and achieve an agreement between parents, as this is best for the child concerned. If this is not possible then the options available are:
• Direct communication
• Mediation
• Solicitor negotiation
• Application to the court
If a court application is needed we will help you through the court process, advise on the likely outcome and prepare the court documents and welfare checklist. We can arrange referrals to mediation and write to your partner or solicitors to resolve the problems in a constructive and amicable way.

For more information please contact Victoria Wright on 0161 442 6240