Children’s Law
The Family Law solicitors at MKB Law can assist you to apply to the Court for orders such as Residence Order, Contact Order, Specific Issues Order, Prohibited Steps Order and Parental Responsibility Order.
Residence/Contact (Private Law)
A Residence Order sets the arrangements as to whom the child lives with. This should be obtained in the instance where one parent resides in a different jurisdiction and can be shown to authorities should the other parent refuse to return the child. Where a child resides equally between households, a Joint Residence Order can be sought.
Furthermore, a Residence Order held by the other parent will not affect your parental rights, it simply decides where and with whom the child should live. Both parents share Parental Responsibility and should remain informed in relation to the child’s welfare and education.
In instances where a parent is unreasonably withholding contact, you should seek advice in respect of negotiating a formal contact arrangement such as a Contact Order.
If you intend to relocate with your child, you will require the permission of anyone who shares Parental Responsibility for that child. If the other parent does not consent to the relocation, you will be required to make an application to the Court for Relocation Proceedings.
If a child is removed from the jurisdiction for a period longer than 30 days without consent, this is treated as child abduction and urgent proceedings will be required to ensure the return of the child.
Public Law
If your child is taken into care, the Trust will bring proceedings before the Court. The Trust may make an application to the Court for either a Supervision or a Care Order in respect of a child where they believe the child is at risk or is suffering significant harm.
Children may be spoken to during the course of proceedings if they are of suitable age and viewed as competent.
An application to discharge a Care Order can be made in the relevant Court if there is sufficient evidence to suggest it is no longer in the child’s best interest.
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