Alsters Kelley Solicitors, incorporating RJ Kelley and Co and Richards Heynes and Coopers, providing all aspects of Family Law and Childcare Issues. Based in Coventry, Leamington Spa and Nuneaton, we are one of the largest solicitors firms in Warwickshire and the West Midlands.
Childcare, Solicitors, Lawyers, Legal Services, Coventry, Leamington Spa, Nuneaton, Warwickshire, West Midlands.
Alsters Kelley Solicitors provide legal services including Family Law and Chidlcare. Contact us with your Family Law and Childcare needs.
When couples separate it is always difficult for the children involved. No matter how difficult the breakdown of the relationship between the parents has become, the parents
will always be parents to the child. It is important that the parents are able to make arrangements for the child between themselves and they are encouraged to reach agreements
as to where the child will live and how much time it spends with the other parent which the child does not live with.
If parents cannot reach an agreement then the Court will become involved and assist in decisions being made as to where the child will live and how much time it spends with the
other parent which the child does not live with. If an application is made to the Court the fundamental principle the Court will look at is the child's welfare. There are various factors
which the Court will give regard to, known as the ‘Welfare Checklist’;
The wishes and feelings of the child concerned in light of their age and understanding
The child's physical and emotional and educational needs
The likely effect on the child of any change in circumstances
The child's age, sex, background and any characteristic of which the Court considers relevant
Any harm which the child has suffered or is at risk of suffering
How capable each of the child's parents are at meeting the child’s needs
Once the application has been issued an officer from CARCASS (Children and Family Court Advisory and Support Service) will usually be appointed to assist the parents in reaching a way forward. The CARCASS officer will meet with the parents on occasions and may also wish to meet with the child concerned and any other significant persons involved in the care of the child e.g. school teacher or GP. If an agreement cannot be reached then the CARCASS Officer may be asked to prepare report detailing discussions with the parties to assist the Court in making a final decision as to where the child will live and how much time the child spends with the other parent.
Residence Orders
The parents must consider which parent is providing the day to day care for the child and where ultimately the child will live. The court will look at the current arrangements and is unlikely to make any dramatic changes to a child’s current routine unless there is something wrong with the current arrangements.
Contact Orders
Consideration must be given to how contact takes place between the child and the parent who is not living with the child. The court will look at the current arrangements of contact and take the view that it is in the child’s best interest to have contact with both parents. A contact order will set out when the parent is to see the child with the idea of the parents being able to sort out the exact details between themselves to encourage both parents to be flexible in practice with arrangements relating to their child. If parents are not able to communicate or find it difficult to make arrangements between themselves the Order will state the exact details as to what days, times and place contact takes place and also details as to who is responsible for collection and return of the child.
