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Please Note: W. Davies Solicitors have now closed their Family Department.

No new appointments are being made.

Family

Children

We appreciate how difficult it can be when you have to make formal arrangements relating to children, particularly when emotions are running high. Our Family Law Department can assist you with all types of issues relating to children.

The Courts actively encourage parents to try to come to an agreement between themselves regarding the arrangements for children. If it is not possible to agree the arrangements between the two of you, we can advise on the appropriate Order to be sought through the Courts. These can include:

Child Arrangement Orders

(formerly known as Contact Orders/Access and Residence Orders/Custody).

The Court will decide with whom and when a child is to:

  • live
  • spend time
  • otherwise have contact

Prohibited Steps Orders

For example, where there is a fear/threat of removal of a child from the Jurisdiction of England and Wales

An Application for Leave

to remove from the Jurisdiction where one parent wishes to relocate abroad with the child/children

Parental Responsibility Orders

This allows/enables a parent to make decisions about:

  • the child’s religion
  • the child’s education
  • the child’s name
  • the child’s medical treatment (or refusal thereof)
  • Whether the child can leave England and Wales on holiday

Specific Issue Orders

This is where a specific Order relating to a child is necessary, for example which school the child should attend or whether the child should receive medical treatment.

 

The child’s welfare is the overriding consideration and the Court will seek to make an Order which it considers is in the child’s best interests. The Court must however have regard to the “no order principle” as set out in the Children Act 1989. The Court will not impose an order unless it considers that doing so would be better for the child than making no order at all.

The Welfare Checklist

When deciding whether to make an Order the Court will take The Welfare Checklist into account . This includes the following:

  • The wishes and feelings of the child, in 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 their circumstances.
  • The child’s age, sex, background and any characteristics the court considers relevant.
  • Any harm the child has suffered or is at risk of suffering.
  • How capable each of the child’s parent’s (and any other relevant person in relation to whom the court considers the question to be relevant) is of meeting the child’s needs.
  • The range of powers available to the court.
 

For further information or to arrange a free consultation with a Family Solicitor in Woking please contact June Reid at jmr@wdavies.com, or telephone 01483 744900.